The Right to Farm Act (RTFA) was enacted to help address conflicts among farmers, neighbors, municipalities, and counties regarding a farm’s practices. Under the RTFA, a commercial farm can receive significant protection from nuisance lawsuits and overly restrictive local regulations, provided the farm is operated responsibly and conforms with generally-accepted practices and the Act’s additional eligibility criteria. Formal Right to Farm determinations are made on a case-by-case basis and must include a consideration of the interests of each party, including relevant local ordinances.

Eligibility

In order to receive Right to Farm protection, a farm must be a “commercial farm” as defined in the RTFA.

• A “commercial farm” is a farm operation of five or more acres that produces agricultural products worth at least $2,500 annually and satisfies the eligibility criteria for farmland assessment. For farms smaller than five acres, the annual production requirement is $50,000, and the farm must otherwise satisfy the eligibility criteria for farmland assessment.

• A commercial farm can also be a beekeeping operation that produces apiary-related products or provides crop pollination services worth at least $10,000 annually.

• A commercial farm may comprise multiple parcels, whether contiguous or non-contiguous, provided they are operated together as a single enterprise. This is known as the farm’s “farm management unit.”

• The commercial farm must be located in a zone that as of December 31, 1997 or thereafter permits agriculture, or the farm has been in operation as of July 2, 1998.

Process

There are two approaches to resolving Right to Farm issues:

1. Participate in the voluntary Agricultural Mediation Program offered by the SADC.

2. Request a Site-Specific Agricultural Management Practice (SSAMP) determination from the CADB. A farmer must file a SSAMP Request Application and send the completed application to the CADB Administrator.

Additional Resources

https://www.state.nj.us/agriculture/sadc/rtfprogram/

https://njaes.rutgers.edu/FS1253/

https://nj.gov/agriculture/sadc/agmediation/rtf/index.html

Sources: the SADC and Rutgers Right to Farm Factsheets