New Jersey § 13:20-29

§ 13:20-29.

a. (1) Any agricultural or horticultural development in the preservation area that

would result in the increase, after the date of enactment of this act either individually

or cumulatively, of agricultural impervious cover by three percent or more of the

total land area of a farm management unit in the preservation area shall require the

review and approval by the local soil conservation district of a farm conservation

plan which shall be prepared and submitted by the owner or operator of the farm management

unit. Upon approval of the farm conservation plan by the local soil conservation district,

the owner or operator of the farm management unit shall implement the plan on the

farm management unit. The local soil conservation district shall transmit a copy of an approved farm conservation

plan to the State Soil Conservation Committee, and, if any part of the farm management

unit is preserved under any farmland preservation program, to the State Agriculture

Development Committee. (2) Any agricultural or horticultural development in the preservation area that would

result in the increase, after the date of enactment of this act either individually

or cumulatively, of agricultural impervious cover by nine percent or more of the total

land area of a farm management unit in the preservation area shall require the review

and approval by the local soil conservation district of a resource management systems

plan which shall be prepared and submitted by the owner or operator of the farm management

unit. Prior to the approval of a resource management systems plan by a local soil conservation

district, a copy of the resource management systems plan shall be forwarded by the

local soil conservation district to the Department of Environmental Protection for

review and approval, with or without conditions, or denial within 60 days after receipt

by the department. Upon approval of the resource management systems plan by the local soil conservation

district and the Department of Environmental Protection, the owner or operator of

the farm management unit shall implement the plan on the farm management unit. The local soil conservation district shall transmit a copy of an approved resource

management systems plan to the State Soil Conservation Committee, and, if any part

of the farm management unit is preserved under any farmland preservation program,

to the State Agriculture Development Committee. (3) A farm conservation plan required pursuant to paragraph (1) of this subsection

and a resource management systems plan required pursuant to paragraph (2) of this

subsection shall be prepared in accordance with science-based standards, consistent

with the goals and purposes of this act, which standards shall be established by the

State Board of Agriculture and the Department of Agriculture, in consultation with

the Department of Environmental Protection, the State Agriculture Development Committee,

Rutgers Cooperative Extension, and the Natural Resources Conservation Service in the

United States Department of Agriculture. Within 270 days after the date of enactment of this act, the State Department of

Agriculture, in consultation with the Department of Environmental Protection, shall

develop and adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410

( C.52:14B-1 et seq. ), these standards and any other rules and regulations necessary to implement this

section. (4) Solar panels shall not be included in any calculation of agricultural impervious

cover pursuant to this subsection. b. (1) If any person violates any provision of subsection a. of this section, any

rule or regulation adopted pursuant to subsection a. of this section, or a farm conservation

plan or a resource management systems plan approved pursuant to subsection a. of this

section, the Department of Agriculture or the local soil conservation district may

institute a civil action in the Superior Court for injunctive relief to prohibit and

prevent the violation or violations and the court may proceed in a summary manner. (2)(a) Any person who violates any provision of subsection a. of this section, any

rule or regulation adopted pursuant to subsection a. of this section, or a farm conservation

plan or a resource management systems plan approved pursuant to subsection a. of this

section shall be liable to a civil administrative penalty of up to $5,000 for each

violation. If the violation is of a continuing nature, each day during which it continues shall

constitute an additional, separate, and distinct offense. No assessment shall be levied pursuant to this subsection until after the party

has been notified by certified mail or personal service and provided an opportunity

for a hearing. (b) Any amount assessed under this subsection shall fall within a range established

in a penalty schedule adopted by the Department of Agriculture pursuant to the “Administrative

Procedure Act,” which shall take into account the seriousness and duration of the

violation and whether the violation involves the failure to prepare or to implement

a farm conservation plan or resource management systems plan. The schedule shall also provide for an enhanced penalty if the violation causes

an impairment to water quality. Any civil administrative penalty assessed under this subsection may be compromised

by the Secretary of Agriculture upon the posting of a performance bond by the violator,

or upon such terms and conditions as the secretary may establish by regulation. (c) Any person who fails to pay a civil administrative penalty in full pursuant to

this subsection shall be subject, upon order of a court, to a civil penalty of up

to $5,000 for each violation. If the violation is of a continuing nature, each day during which it continues shall

constitute an additional, separate, and distinct offense. Any such civil penalty imposed may be collected with costs in a summary proceeding

pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). The Superior Court and the municipal court shall have jurisdiction to enforce the

provisions of the “Penalty Enforcement Law of 1999” in connection with this subsection. (d) All penalties collected pursuant to this subsection shall either be used, as determined

by the council, by the State Agriculture Development Committee for the preservation

of farmland in the preservation area or by any development transfer bank used or established

by the council to purchase development potential in the preservation area. c. Nothing in this act, the regional master plan, any rules or regulations adopted

by the Department of Environmental Protection pursuant to this act, or any amendments

to a master plan, development regulations, or other regulations adopted by a local

government unit to specifically conform them with the regional master plan shall be

construed to alter or compromise the goals, purposes, policies, and provisions of,

or lessen the protections afforded to farmers by, the “Right to Farm Act,” P.L.1983,

c. 31 ( C.4:1C-1 et seq. ), and any rules or regulations adopted pursuant thereto. d. The provisions of this section shall not be construed to alter or obviate the requirements

of any other applicable State or local laws, rules, regulations, development regulations,

or ordinances.