New Jersey § 4:1c-10a

§ 4:1c-10a.

In all relevant actions filed subsequent to the effective date of P.L.2023, c. 20 ( C.4:1C-3.2 et al.), there shall exist an irrebuttable presumption that a shellfish commercial

farm's operation, activity, or structure does not pose a direct threat to public health

and safety, does not constitute a public or private nuisance, and does not otherwise

invade or interfere with the use and enjoyment of any other land or property, provided

that the operation, activity, or structure: conforms either 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 to a specific operation or practice that has been determined by the appropriate

county board, or by the committee in a county where no county board exists, to constitute

a generally accepted agricultural operation or practice; and additionally conforms

to all relevant federal or State statutes and rules and regulations adopted pursuant

thereto.