Forum On Agriculture Issues

Does the state’s Right-to-Farm statute pre-empt municipal ordinances? That question was among a number of important issues raised at an Agricultural Issues Forum co-hosted by the Municipal Land Use Center, New Jersey Conservation Foundation and Friends of Hopewell Valley Open Space at The College of New Jersey on September 30th.

Over 30 municipal representatives and agricultural interest groups had the opportunity to have their questions answered during the 2- hour forum. The forum program concentrated on questions related to impervious cover, Farmland Assessment and Right-to-Farm issues. These issues have recently generated some controversy and debate in municipalities involved with preserving and regulating farmland in central New Jersey.

Greg Romano, Executive Director for the State Agriculture Development Committee (SADC), took the time to explain specific provisions of the State’s Farmland Preservation programs. Marci Greene, SADC’s Chief of Legal Affairs, clarified the relationship of the Right-to-Farm Act and the municipal regulatory framework.

While the Right-to-Farm Act defines legislative protected activities, farmers must first meet eligibility criteria, that include an agricultural commercial definition, and statutory, location, public safety and management practice standards.

Ms. Greene also discussed important judicial decisions that support the Right-to-Farm Act’s preemption of municipal land use authority. Municipal regulation is permitted if local ordinance limitations do not interfere with agricultural operations.

MLUC had previously organized an Agricultural Viability Committee that has been meeting since the summer. It was agreed that as follow-up to the Agricultural Issues Forum, MLUC, working with the SADC and other partners, would develop a “Frequently Asked Questions” document that would be relevant to a wide range of agricultural issues. In the next few months look for more information on the activities and work products of the Agricultural Viability Committee on our Web site.