New Jersey § 4:1c-3

§ 4:1c-3.

a. A shellfish aquaculture management unit that qualifies as a shellfish commercial

farm, pursuant to P.L.2023, c. 20 ( C.4:1C-3.2 et al.), shall be entitled to the protections set forth in section 4 of P.L.2023, c. 20 (C.4:1C-10a), but not for agricultural or horticultural activities that are not related

to shellfish aquaculture unless the shellfish aquaculture management unit also qualifies

as a commercial farm pursuant to section 3 of P.L.1983, c. 31 ( C.4:1C-3 ) for reasons other than shellfish aquaculture. b. Notwithstanding the provisions of any municipal or county ordinance, resolution,

or regulation to the contrary, the owner or operator of a shellfish commercial farm

that is 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 that is in operation as of the effective date of P.L.2023, c. 20 ( C.4:1C-3.2 et al.) and is located in an area zoned for commercial or industrial use, or that

is located in the coastal area, as designated pursuant to section 4 of P.L.1973, c.

185 ( C.13:19-4 ), and is zoned for commercial or industrial use, or that is located on land under

tidal waters that the shellfish commercial farm has the authority to use pursuant

to a riparian grant or lease granted pursuant to R.S.12:3-2 et seq. or a lease granted pursuant to R.S.50:1-23 et seq. , and that operates in conformance with 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 by the committee in a county where no county board exists, to constitute

a generally accepted agricultural operation or practice, and that operates in conformance

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

thereto and does not pose a direct threat to public health and safety shall be authorized

to: (1) produce shellfish as described in the Standard Industrial Classification for shellfish

farming or, after the operative date of the regulations adopted pursuant to section

5 of P.L.2003, c. 157 ( C.4:1C-9.1 ), as described in the corresponding classification under the North American Industry

Classification System; (2) process and package the shellfish output of the shellfish commercial farm; (3) provide for the operation of a shellfish farm market, including the construction

of a building and parking area in conformance with municipal standards; (4) control pests, predators, and diseases of shellfish; (5) conduct on-site disposal of organic waste on land included in the shellfish aquaculture

management unit, excluding land currently flowed by tidal waters; (6) recycle shells on land included in the shellfish aquaculture management unit; (7) conduct agriculture-related educational and farm-based recreational activities,

provided that the activities are related to marketing the shellfish output of the

shellfish commercial farm; and (8) engage in any other agricultural activity as determined by the committee and adopted

by rule or regulation pursuant to the provisions of the “Administrative Procedure

Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ).