New Jersey § 4:1c-9

§ 4:1c-9.

Notwithstanding the provisions of any municipal or county ordinance, resolution, or

regulation to the contrary, the owner or operator of a commercial farm, 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 which commercial farm is in operation as of the effective date of P.L.1998, c. 48 ( C.4:1C-10.1 et al.), and the operation of which conforms 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 whose specific operation or practice has been determined by the appropriate

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

a generally accepted agricultural operation or practice, and all relevant federal

or State statutes or rules and regulations adopted pursuant thereto, and which does

not pose a direct threat to public health and safety may: a. Produce agricultural and horticultural crops, trees and forest products, livestock,

and poultry and other commodities as described in the Standard Industrial Classification

for agriculture, forestry, fishing and trapping or, after the operative date of the

regulations adopted pursuant to section 5 of P.L.2003, c. 157 ( C.4:1C-9.1 ), included under the corresponding classification under the North American Industry

Classification System; b. Process and package the agricultural output of the commercial farm; c. Provide for the operation of a farm market, including the construction of building

and parking areas in conformance with municipal standards; d. Replenish soil nutrients and improve soil tilth; e. Control pests, predators and diseases of plants and animals; f. Clear woodlands using open burning and other techniques, install and maintain vegetative

and terrain alterations and other physical facilities for water and soil conservation

and surface water control in wetland areas; g. Conduct on-site disposal of organic agricultural wastes; h. Conduct agriculture-related educational and farm-based recreational activities

provided that the activities are related to marketing the agricultural or horticultural

output of the commercial farm; i. Engage in the generation of power or heat from biomass, solar, or wind energy,

provided that the energy generation is consistent with the provisions of P.L.2009, c. 213 ( C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant

to section 3 of P.L.2009, c. 213 ( C.4:1C-9.2 ); j. Engage in any other agricultural activity as determined by the State Agriculture

Development 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. ) ; and k. House any full-time, year-round equine-related farm employee in the same building

or facility as horses in accordance with the provisions of section 3 of P.L.2020, c. 154 ( C.4:1C-9.3 ) .