New Jersey § 4:1c-32
Full text of New Jersey New Jersey Statutes § 4:1c-32, with citation guidance and answers to common questions.
§ 4:1c-32.
a. Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to
the contrary, a person may hold a special occasion event on preserved farmland, provided
that the grantee determines the preserved farm complies with the terms of the Farmland
Preservation Program deed of easement recorded against the preserved farmland, the
person complies with the requirements set forth in P.L.2023, c. 9 ( C.4:1C-32.15 et seq. ), and the special occasion event is held in compliance with the requirements of this
section and the rules and regulations adopted by the committee pursuant to section
6 of P.L.2023, c. 9 ( C.4:1C-32.20 ). b. The owner or operator of a commercial farm located on preserved farmland that produces
agricultural or horticultural products worth $10,000 or more annually may hold special
occasion events on the farm. The special occasion event shall comply with the following requirements: (1) A special occasion event shall have a maximum duration of two consecutive calendar
days if the event is marketed as a single event. An event shall be considered a single special occasion event, even if the event
lasts for more than one day, if the event: (a) is marketed as a single event; (b) occurs only on consecutive days; and (c) does not last for more than two days. (2) A special occasion event shall not interfere with the use of the preserved farmland
for agricultural or horticultural production. The special occasion event shall have minimal effects on the occupied area and shall
be designed to protect the agricultural resources of the land and ensure that the
land can be readily returned to productive agricultural or horticultural use after
the event. (3) A special occasion event that involves the service of alcoholic beverages shall
comply with all applicable State and local laws, regulations, resolutions, and ordinances. (4)(a) All applicable State and local laws, regulations, resolutions, and ordinances
including, but not limited to, those concerning food safety, litter, noise, solid
waste, traffic, and the protection of public health and safety shall apply to the
special occasion event and all activities related thereto. To comply with local laws, regulations, resolutions, and ordinances, the municipality
may require that an owner or operator of a commercial farm located on preserved farmland
submit an application to the municipality for approval and may designate an office
or agency of the municipality to review municipal applications for conducting special
occasion events. A municipality may require a municipal application if the special occasion event
would: (i) generate a parking or traffic flow situation that could unreasonably interfere
with the movement of normal traffic or emergency vehicles or other organized group
sharing similar common purposes or goals proceeding in or upon any street, park, or
other public place within the municipality; or (ii) require the expenditure of municipal resources or inspections from agencies or
authorities of the municipality. (b) For a municipal application submitted in accordance with subparagraph (a) of this
paragraph, the municipality shall not charge an application fee of more than $50. The municipal application shall not require more information than an identification
of locations of where tents and other temporary structures, sanitary facilities, parking,
and access and egress will be located for each event, where music will be played,
the number of expected guests, and other information that may be of public concern
and would be required of a similar event when conducted at a public park or another
public venue. (5)(a) No new permanent structures shall be constructed or erected on preserved farmland
for the purpose of holding a special occasion event, and improvements to existing
structures shall be limited to the minimum required for the protection of health and
safety. (b) No permanent structure constructed fewer than five years prior to the date of
application to the grantee to hold a special occasion event pursuant to subsection
c. of this section shall be used for the purpose of holding the special occasion event. (c) The installation and use of tents, canopies, umbrellas, tables, chairs, and other
temporary structures on preserved farmland for the purpose of holding special occasion
events shall be a permitted use provided that the tent, canopy, umbrella, table, chairs,
or other temporary structure conforms to all applicable provisions of the State Uniform
Construction Code and Uniform Fire Code, which have been adopted by the Commissioner
of Community Affairs pursuant to P.L.1975, c. 217 ( C.52:27D-119, et seq. ) and P.L.1983, c. 383 ( C.52:27D-192 et seq. ), respectively. The permitted use of tents, canopies, umbrellas, tables, chairs, and other temporary
structures allowed by this subparagraph shall be limited to the timeframe encompassing
the first day of April through November 30 of each year. (d) No public utilities, including gas or sewer lines, shall be extended to the preserved
farmland for the purpose of holding special occasion events, except that electric
and water service may be extended to preserved farmland for the purpose of holding
special occasion events. (6) Parking at a special occasion event shall be provided through the use of existing
parking areas on the farm and curtilage surrounding existing buildings to the extent
possible. Additional on-site areas required to provide temporary parking shall comply with
the standards for on-farm direct marketing facilities, activities, and events adopted
by the committee pursuant to the “Right to Farm Act,” P.L.1983, c. 31 ( C.4:1C-1 et seq. ). (7) The occupied area associated with a special occasion event shall be no more than
the lesser of 10 acres or 10 percent of the preserved farmland. c. A special occasion event shall not be held on preserved farmland unless the applicant
obtains approval to hold special occasion events, in writing from the grantee, prior
to holding a special occasion event. If the applicant is the operator, but not the owner, of the farm, then the operator
shall submit to the grantee a notarized affidavit from the owner authorizing the application. Once approval is obtained from the grantee, a permittee shall be required to submit
an application pursuant to this subsection not more than once annually, and an individual
application shall not be required for each special occasion event. (1) A grantee whose approval is required for a special occasion event to be held on
preserved farmland shall develop an application process by which an owner or operator
of a commercial farm located on preserved farmland may apply for approval. The application shall, at a minimum, allow the grantee to determine: (a) that the commercial farm located on the preserved farmland produces agricultural
or horticultural products worth $10,000 or more annually, and this may include an
attestation that the commercial farm located on the preserved farmland produces agricultural
or horticultural products worth $10,000 or more annually; (b) the number of special occasion events to be held on the commercial farm during
the calendar year; (c) the maximum attendance of the special occasion events; (d) the acreage of the occupied area, as delineated on a map or aerial photograph,
to be used for the special occasion event; and (e) whether the farm is in compliance with its farmland preservation deed of easement. (2) The grantee shall approve an application made pursuant to this section upon a
finding that the special occasion events on the preserved farmland that are the subject
of the application comply with the requirements of this act and any rules and regulations
adopted by the committee to implement this act. The grantee shall forward a copy of its approval to the committee and to the board
in the county in which the preserved farmland is located. (a) If the grantee is a qualifying tax exempt nonprofit organization as defined pursuant
to P.L.1999, c. 152 ( C.13:8C-3 ), the grantee may approve, approve with conditions, or deny the application submitted
pursuant to this section. (b) If the grantee does not respond to a written request to hold special occasion
events within 90 days following receipt of a request, then the request shall be deemed
approved. (c) If the grantee denies an application made pursuant to this section, the grantee
shall provide a reason for the denial and an opportunity for the applicant to reapply
with an amended application. (3) An applicant shall annually certify to the grantee, in a form and manner to be
prescribed by the grantee, information about the special occasion events held in the
prior calendar year that were approved pursuant to this section, including, but not
limited to, the date, occasion, and approximate number of attendees of each event. The grantee shall forward a copy of the certification to the committee. d. A commercial farm shall not hold more than one special occasion event with over
100 guests per calendar day. (1) A commercial farm may hold 26 special occasion events each calendar year, of which
only six special occasion events may have 250 guests or more in attendance at any
time during the event. A special occasion event held by or for a nonprofit entity shall not count against
the limitations on events provided by this subsection if the event has fewer than
100 guests and the permittee does not charge for, and receives no fees or compensation
for hosting the event, other than for reimbursement of out-of-pocket expenses. The maximum reimbursement to the permittee shall not exceed $1,000. e. A retail food establishment other than a temporary retail food establishment, as
those terms are defined in the State Sanitary Code adopted pursuant to section 7 of
P.L.1947, c. 177 ( C.26:1A-7 ), shall not operate on a commercial farm in support of a special occasion event. The limitations of this subsection on the use of a retail food establishment shall
not apply to a retail food establishment based at the commercial farm. f. Nothing in P.L.2023, c. 9 ( C.4:1C-32.15 et seq. ), or the rules and regulations adopted by the committee pursuant to section 6 of
P.L.2023, c. 9 ( C.4:1C-32.20 ), shall apply to any special occasion event that is not held, in whole or in part,
on preserved farmland on a commercial farm, including, but not limited to, exception
areas.
Frequently Asked Questions About New Jersey § 4:1c-32
What does New Jersey Statutes § 4:1c-32 cover?
Section 4:1c-32 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 4:1c-32?
A common citation format is "New Jersey Statutes § 4:1c-32" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 4:1c-32 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.