New Jersey § 54:4-23

§ 54:4-23.

Land shall be deemed to be in agricultural use when devoted to the production for

sale of plants and animals useful to man, including but not limited to: forages and

sod crops; grains and feed crops; dairy animals and dairy products; poultry and

poultry products; livestock, including beef cattle, sheep, swine, horses, ponies,

mules or goats, including the breeding, boarding, raising, rehabilitating, training

or grazing of any or all of such animals, except that “ livestock ” shall not include dogs; bees and apiary products; fur animals; trees and forest

products; or when devoted to and meeting the requirements and qualifications for

payments or other compensation pursuant to a soil conservation program under an agreement

with an agency of the federal government, except that land which is devoted exclusively

to the production for sale of tree and forest products, other than Christmas trees, or devoted as sustainable forestland, and is not appurtenant woodland, shall not be deemed to be in agricultural use unless

the landowner fulfills the following additional conditions: a. The landowner establishes and complies with the provisions of a forest stewardship plan for this land, approved by the Department of Environmental

Protection pursuant to section 3 of P.L.2009, c. 256 ( C.13:1L-31 ), or a woodland management plan for this land, prepared in accordance with policies, guidelines

and practices approved by the Division of Parks and Forestry in the Department of

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

Dean of Cook College at Rutgers, The State University, which policies, guidelines

and practices are designed to eliminate excessive and unnecessary cutting; b. The landowner , and a forester from a list of foresters approved by the Department of Environmental

Protection or other professional from a list of other professionals authorized by the department

in consultation with the forest stewardship advisory committee established pursuant

to section 8 of P.L.2009, c. 256 ( C.13:1L-36 ), annually attest to compliance with subsection a. of this section; and c. The landowner annually submits an application, as prescribed in section 13 of P.L.1964,

c. 48 ( C.54:4-23.13 ), to the assessor, accompanied by a copy of the plan established pursuant to subsection

a. of this section; written documentation of compliance with subsection b. of this

section; a supplementary woodland data form setting forth woodland management actions

taken in the pre-tax year, the type and quantity of tree and forest products sold,

and the amount of income received or anticipated for same; a map of the land showing

the location of the activity and the soil group classes of the land; and other pertinent

information required by the Director of the Division of Taxation as part of the application

for valuation, assessment and taxation, as provided in P.L.1964, c. 48 ( C.54:4-23.1 et seq. ). The landowner shall, at the same time, submit to the Commissioner of the Department

of Environmental Protection an exact copy of the application and accompanying information

submitted to the assessor pursuant to this subsection. For the purposes of this amendatory and supplementary act, “ appurtenant woodland ” means a wooded piece of property which is contiguous to, part of, or beneficial

to a tract of land, which tract of land has a minimum area of at least five acres

devoted to agricultural or horticultural uses other than the production for sale of

trees and forest products, exclusive of Christmas trees, to which tract of land the

woodland is supportive and subordinate. For the purposes of section 7 of P.L.2009, c. 213 and P.L.1964, c. 48 ( C.54:4-23.1 et seq. ): (1) agricultural use shall also include biomass, solar, or wind energy generation,

provided that the biomass, solar, or wind 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 (2) “ biomass ” means an agricultural crop, crop residue, or agricultural byproduct that is cultivated,

harvested, or produced on the farm, or directly obtained from a farm where it was

cultivated, harvested, or produced, and which can be used to generate energy in a

sustainable manner, except with respect to preserved farmland, “biomass” means the

same as that term is defined in section 1 of P.L.2009, c. 213 ( C.4:1C-32.4 ).