New Jersey § 4:1c-43
Full text of New Jersey New Jersey Statutes § 4:1c-43, with citation guidance and answers to common questions.
§ 4:1c-43.
a. There is established in the State Agriculture Development Committee a farmland
preservation planning incentive grant program, the purpose of which shall be to provide
grants to eligible counties and municipalities for farmland preservation purposes
as authorized pursuant to this act. b. To be eligible to apply for a grant, a county or municipality shall: (1) Identify project areas of multiple farms that are reasonably contiguous and located
in an agriculture development area authorized pursuant to the “Agriculture Retention
and Development Act,” P.L.1983, c. 32 ( C.4:1C-11 et seq. ); (2) Establish an agricultural advisory committee. In the case of a county, the county agriculture development board shall serve this
function. In the case of a municipality, members of a municipal agricultural advisory committee
shall be appointed by the mayor with the consent of the municipal governing body,
and the committee shall report to the municipal planning board. A municipal agricultural advisory committee shall be composed of at least three,
but not more than five, members who shall be residents of the municipality, with a
majority of the members actively engaged in farming and owning a portion of the land
they farm. For the purposes of this paragraph, “ mayor ” shall mean the same as that term is defined pursuant to section 3.2 of P.L.1975,
c. 291 ( C.40:55D-5 ); (3) Establish and maintain a dedicated source of funding for farmland preservation
pursuant to P.L.1997, c. 24 ( C.40:12-15.1 et seq. ), or an alternative means of funding for farmland preservation, such as, but not
limited to, repeated annual appropriations or repeated issuance of bonded indebtedness,
which the State Agriculture Development Committee deems to be, in effect, a dedicated
source of funding because of a demonstrated commitment on the part of the county or
municipality; and (4) In the case of a municipality, prepare a farmland preservation plan element pursuant
to paragraph (13) of section 19 of P.L.1975, c. 291 ( C.40:55D-28 ) in consultation with the agriculture advisory committee established pursuant to
paragraph (2) of this subsection. c. In the event a municipality is seeking funding from the county toward the purchase
of development easements, the municipality shall submit an application to the county
agriculture development board. In all other cases, a municipality shall submit its application directly to the
State Agriculture Development Committee. d. A municipality, in submitting an application to the county agriculture development
board or the State Agriculture Development Committee as appropriate, or a county,
in submitting an application to the State Agriculture Development Committee, shall
outline a multi-year plan for the purchase of multiple farms in a project area and
indicate its annual share of the estimated purchase price. The municipality, in order to enhance its application, may submit its proposal jointly
with one or more contiguous municipalities if the submission would result in the preservation
of a significant area of reasonably contiguous farmland. The application shall include, in the case of a municipality, a copy of the farmland
preservation plan element prepared pursuant to paragraph (13) of section 19 of P.L.1975,
c. 291 ( C.40:55D-28 ); an estimate of the cost of purchasing development easements on all of the farms
in a designated project area, to be determined in consultation with the county agriculture
development board or through an appraisal for the entire project area; and an inventory
showing the characteristics of each farm in the project area which may include, but
need not be limited to, size, soils and agricultural use. e. The State Agriculture Development Committee shall make decisions regarding suitability
for funding of development easement purchases for planning incentive grants based
on whether the project area provides an opportunity to preserve a significant area
of reasonably contiguous farmland that will promote the long term viability of agriculture
as an industry in the municipality or county. After the State Agriculture Development Committee has given approval to an application,
the municipality or county shall submit two appraisals for each parcel for which funding
is requested. The appraisals shall be conducted pursuant to the provisions of section 24 of P.L.1983,
c. 32 ( C.4:1C-31 ). Approved funding shall be allocated by the municipality, the county and the State
to each parcel in the project area under an agreement that commits each level of government
to a specific payment in each of the years included in the plan for purchase. Nothing in this act shall be construed to require that any parcel in a project area
receive a price per acre that is the same as any other parcel in that project area
or that any parcel must be purchased with installment payments because other parcels
in the project area are so purchased. f. Purchases of development easements on farmland pursuant to this act shall be made
with the approval of the State Agriculture Development Committee and the municipality,
and in the event county funds are provided, with the approval of the county agriculture
development board. g. If a county does not provide funding toward the purchase of the development easement,
the State Agriculture Development Committee shall hold title to the development easement. h. The State Agriculture Development Committee shall adopt, pursuant to the “Administrative
Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), such rules and regulations as may be necessary to implement this act, and shall
establish ranking and funding criteria separately from, but similar to, those used
in the program established pursuant to P.L.1983, c. 32 ( C.4:1C-11 et seq. ), except that ranking and funding criteria shall be applied to the project area as
a whole and not to individual parcels and priority shall be given to those applications
that utilize option agreements, installment purchases, donations, and other methods
for the purpose of leveraging monies made available by P.L.1999, c. 152 ( C.13:8C-1 et al.).
Frequently Asked Questions About New Jersey § 4:1c-43
What does New Jersey Statutes § 4:1c-43 cover?
Section 4:1c-43 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-43?
A common citation format is "New Jersey Statutes § 4:1c-43" (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-43 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.