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The Right to Farm Act provides eligible, responsible farmers with protection from restrictive municipal ordinances, as well as 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 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.

This past year, the SADC adopted an AMP addressing aquaculture, which was prepared by Rutgers University and the Department of Agriculture. It also proposed an AMP addressing equine issues, which was also prepared by Rutgers. The equine AMP was proposed in conjunction with a rule proposal to add various equine-service activities, such as training and riding lessons, to the Act’s list of protected activities. The SADC is currently working with Rutgers to develop three AMPs that will address farm markets, permanent greenhouse production, and agri-tourism, activities that have resulted in the generation of many complaints to the SADC.

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. SADC staff continues to educate and inform local government entities and the public about the Right to Farm Act. This past year, SADC staff conducted a seminar for county and municipal officials, participated in a Right to Farm forum hosted by the New Jersey Municipal Land Use Center, and continues to advise municipal officials, farmers, and citizens on a regular basis. The SADC is also working with the Municipal Land Use Center to publish and disseminate an educational document about the Right to Farm Act.

Despite the important work of the Right to Farm Program, the program’s allocation in the FY2005 state budget continues to be insufficient to fund the program. This year, the budget again allocates only $90,000.

THEREFORE, BE IT RESOLVED, that we, the delegates to the 90th State Agricultural Convention, assembled in Atlantic City, New Jersey on January 24-26, 2005, 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 FY2006 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 agricultural practices.

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 upon and direct the SADC to take the necessary steps for all deed restricted farms to enjoy the same economic viability benefits of non-deed restricted farms under the Right to Farm Act, specifically in the areas of marketing and agritourism.

BE IT FURTHER RESOLVED, that we call on the SADC to continue 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.