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Right-to-Farm issues continue to rank among the top concerns of farmers operating in the most densely populated state in the nation. New Jersey's Right to Farm Act is considered the strongest in the nation, yet many municipalities and others are unaware of the protections and procedures under the Act.

The Right to Farm Act provides eligible, responsible farmers with protection from restrictive municipal ordinances, and public and private nuisance actions. It provides increased protection to those farmers who operate in accordance with agricultural management practices (AMPs) that have been adopted by the State Agriculture Development Committee (SADC).

The Act gives primary jurisdiction in resolving complaints against agricultural operations to county agriculture development boards, and ultimately to the SADC if the decisions of the county boards are appealed.

As an alternative to the public hearing process, the SADC offers a voluntary Agricultural Mediation Program that can help disputing parties quickly resolve their problems, thereby saving landowners both time and costly legal fees.

THEREFORE, BE IT RESOLVED, that we, the delegates to the 88th State Agricultural Convention, assembled in Atlantic City, New Jersey, on January 29, 2003, strongly support New Jersey's Right to Farm Act and call upon the Department and the SADC to expand education and outreach to municipalities and farmers on the Act.

BE IT FURTHER RESOLVED,

  • that we support the SADC's continued development, prioritization and adoption of AMPs, utilizing the expertise of the New Jersey Agricultural Experiment Station (NJAES), as well as the county agriculture development boards' continued development and recommendation of site-specific AMPs.

  • that we support the right-to-farm public hearing process, if required, but prefer the SADC's Agricultural Mediation Program as a voluntary, cost-effective alternative to that process.

  • that we call on the SADC to continue its efforts to provide the maximum protections under the Right to Farm Act.

  • that we support litigation efforts by the SADC and Attorney General's Office to ensure that the intent of the Right to Farm Act is realized.