The Right to Farm Act sets forth a formal process for resolving conflicts involving the operation of a commercial farm.

Anyone aggrieved by the operation of a commercial farm must file a written complaint with a County Agriculture Development Board (CADB), or the State Agriculture Development Committee in counties where no CADB exists, prior to filing an action in court. Some CADBs have created specific forms on which written complaints should be filed.

After a complaint has been received, the CADB or SADC will request materials from the farm to certify that it is a commercial farm (N.J.S.A. 4:1C-3) and is eligible for Right to Farm protections. The CADB or SADC then typically conducts a site-visit to gather more information. Depending on the nature of the issues, either the CADB or SADC (or both in some cases) will hold a public hearing. Decisions of CADBs may be appealed to the SADC. Final determinations of the SADC may be appealed to the New Jersey Superior Court, Appellate Division.

In making their determinations, CADBs and the SADC rely upon the opinions of agricultural experts. The input of municipalities will also be sought, as the New Jersey Supreme Court has held that CADBs and the SADC must consider municipal standards in Right to Farm matters.

The Right to Farm Act, N.J.S.A. 4:1C-1, and the rules promulgated thereunder, N.J.A.C. 2:76-2 and 2A, describe the formal conflict resolution process and appeals process.

Determinations

Browse all of the Right-to-Farm 'conflict resolution' determinations issued by the SADC, County Agriculture Development Boards and/or the Office of Administrative Law.