Toms River, NJ Right to Farm: Farm Nuisance Protection (2026)

Added by Ordinance No. 1 recognizes farming as 'a natural right' and a permitted use in every Toms River Township zone where it currently legally exists, covering irrigation pumping, aerial and ground seeding and spraying, tractors, farm labor, chemical fertilizers, insecticides and herbicides, composting and on-site organic waste disposal, and the breeding of horses, cows and other grazing livestock, poultry and swine (subject to Board of Health regulations), along with the processing, packaging, wholesaling and retailing of farm products. Subsection C makes clear that these activities, when reasonable, necessary and conducted under generally accepted agricultural practices, may occur on any day including Sundays and holidays, day or night, and that the resulting noise, odors, dust and fumes are 'specifically permitted' rather than actionable nuisances.

Subsection D backs that up with a legislative finding that any inconvenience to non-farming neighbors is outweighed by farming's benefits to the community, open space and clean air. The ordinance defines three tiers for interpretation: 'commercial agriculture' (production principally for sale, covering forage and grain crops, dairy, livestock, bees, fruit, nursery and greenhouse products), 'farm' (any parcel actively devoted to agricultural or horticultural use, including pasture, woodland and farm buildings), and 'home agriculture' (production principally for home use where any sales are incidental). Subsection E requires a developer building or selling 10 or more homes within 500 feet of an active farm to disclose the farm's noises, odors, dust and fumes to buyers in writing and to maintain at least a 50-foot buffer against the farm. Subsection F allows farmers to construct farming-related buildings such as barns and equipment sheds under standard Township building codes.