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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 Agricultural Development Committee (SADC). The SADC is currently in agreement with Rutgers for the development of five AMPs that will address farm markets, equine breeding, permanent greenhouse production, aquaculture, and agri-tourism, activities which have resulted in the generation of many complaints to the 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 all parties both time and costly legal fees.

Despite the important work of the Right to Farm Program, the FY2004 state budget has decreased the programs’ allocation for the second year in a row. This year, the budget allocates only $90,000, a total decrease of $110,000 over the last two years.

THEREFORE, BE IT RESOLVED, that we, the delegates to the 89th State Agricultural Convention, assembled in Long Branch, New Jersey on February 4 , 2004, strongly support New Jersey’s Right to Farm Act and call upon the Legislature and Governor to appropriate a minimum of $300,000 in the FY2004 state budget for the SADC and counties to adequately administer the Act.

BE IT FURTHER RESOLVED, that we support the SADC’s continued development, prioritization and adoption of AMPs, in conjunction with the New Jersey Agricultural Experiment Station and Rutgers University, as well as, the county agriculture development boards’ continued development and recommendation of site-specific AMPs.

BE IT FURTHER RESOLVED, that we support the right-to-farm public hearing process and the SADC’s Agricultural Mediation Program as a voluntary, cost-effective alternative to that process.

BE IT FURTHER RESOLVED, that we call on the SADC to actively pursue additional funding through the USDA’s Agricultural Mediation Program.

BE IT FURTHER RESOLVED, that we call on the SADC to continue its efforts to provide the maximum protections under the Right to Farm Act.

BE IT FURTHER RESOLVED, that we call on the SADC to increase its education efforts with the general public and municipal and county officials with respect to the protections afforded legitimate commercial farm operators under the Right to Farm Act.

BE IT FURTHER RESOLVED, that we support continued litigation efforts by the SADC and Attorney General’s Office to ensure that the intent of the Right to Farm Act is realized.

BE IT FURTHER RESOLVED, that the SADC continue education and outreach efforts with the CADB Staff and Members to support locally-led right to farm implementation.