New Jersey Statewide Rule
New Jersey Right to Farm Act and Livestock Rules
Key Facts
- Primary statute
- N.J.S.A. 4:1C-1 et seq.
- Welfare standards
- N.J.A.C. 2:8
- Preemption scope
- Commercial farms only
- Agency
- NJ Dept. of Agriculture
Summary
New Jersey's Right to Farm Act protects commercial farms from local restrictions, while the Department of Agriculture sets statewide livestock standards.
Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm is in operation as of the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), and the operation of which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may:
Full Breakdown
Under N.J.S.A. 4:1C-1 et seq., commercial farms meeting eligibility thresholds are protected from municipal ordinances that would restrict generally accepted agricultural management practices. Non-commercial backyard chickens and livestock keeping remain subject to municipal zoning. The State Agriculture Development Committee adopts agricultural management practices that preempt conflicting local rules. Farmers must still comply with statewide animal welfare statutes under N.J.S.A. 4:22 and Department of Agriculture humane standards in N.J.A.C. 2:8.
Violations & Penalties
Municipalities cannot enforce ordinances against protected commercial farms; violations of state animal welfare standards carry fines and possible criminal penalties.
Frequently Asked Questions
Does the Right to Farm Act protect backyard chickens?
Can a town ban a qualifying commercial farm's livestock?
Sources
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