WHEREAS, the SADC in November approved for proposal an AMP for solar energy generation, developed in cooperation with an interagency task force and farmer and industry representatives, and continues to work in a similar manner to develop an AMP for wind energy generation; and

WHEREAS, the SADC continues to work with its On-Farm Direct Marketing/Agritourism Working Group to draft, propose and adopt AMPs for on-farm direct marketing facilities, activities and events; and

WHEREAS, 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, and the SADC offers a voluntary Agricultural Mediation Program as an alternative to that formal process, since mediation can help disputing parties quickly resolve their problems, thereby saving all parties both time and costly legal fees; and

WHEREAS, in a major Right-to-Farm decision in 2010, the Appellate Division of Superior Court upheld the jurisdiction of the Warren County Agriculture Development Board (CADB) to hear and decide a private nuisance complaint filed against a commercial farm by neighbors who objected to the farmer’s placement of trailers along a property line to store agricultural products, a decision that established statewide precedent recognizing the primary jurisdiction of CADBs to hear and decide private nuisance complaints.

NOW, THEREFORE, BE IT RESOLVED, that we, the delegates to the 96^th State Agricultural Convention, assembled in Cherry Hill, New Jersey, on February 8-9, 2011, strongly support New Jersey’s Right to Farm Act to continue to provide responsible farmers with critical protection against public and private nuisance actions and against municipal regulations that constrain farming.

BE IT FURTHER RESOLVED, that we urge the SADC to continue developing, prioritizing and adopting AMPs that establish standards for Right-to-Farm protection for certain agricultural practices, in conjunction with the New Jersey Agricultural Experiment Station and Rutgers University and with direct farmer input.

BE IT FURTHER RESOLVED, that we support the SADC’s proposed solar energy generation AMP, which balances the protection of farmers’ ability to utilize green energy to offset energy costs with protection of the public interest through the establishment of standards for installation, operation and decommissioning.

BE IT FURTHER RESOLVED, that, in the absence of SADC-adopted AMPs, we support the County Agriculture Development Boards’ continued development and recommendation of site-specific agricultural management practices, which provide a farmer with assurance that his or her specific operation or practices conform to generally accepted agricultural management practices.

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 support the Right to Farm Program’s 2011 work plan that includes plans to propose a draft AMP for direct marketing/agritourism through the On-Farm Direct Marketing/Agritourism Working Group; and amending the program’s regulations to make them more consistent with statutory processes, including strengthening the rules to reflect the legislative intent; reduce unnecessary back-and-forth between the SADC and county agriculture development boards (CADBs); encourage mediation before Right-to-Farm complaints are filed; and allow CADBs to secure escrowed fees to assist in performing required engineering and technical reviews.

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

BE IT FURTHER RESOLVED, that we call upon and direct the SADC to continue to take the necessary steps to insure that owners of deed-restricted farms enjoy the same flexibility in adapting their agricultural operations to achieve economic viability as do owners 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 urge the passage of legislation to discourage repeated harassment suits against farmers, including requiring complainants to pay all reasonable legal fees and associated costs the farmer may incur to defend against complaints where the farmer is determined to be operating in compliance with all appropriate AMPs or is otherwise entitled to right-to-farm protection.

BE IT FURTHER RESOLVED, that we call upon the Legislature and Governor to appropriate a minimum of $300,000 in the FY2012 state budget for the SADC and counties to adequately administer the Act.

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

Right to Farm Program

BACKGROUND

While New Jersey’s Right to Farm Act is considered one of the strongest in the nation, many municipalities and others are unaware of the protections and procedures under the Act. SADC staff continued to educate and inform local government entities and the public about the Right to Farm Act and advise various local officials and landowners on a regular basis.

New Jersey municipal planning and zoning board members continue to receive right-to-farm information as part of their mandatory training as a result of a module developed by the SADC, Department of Community Affairs and New Jersey League of Municipalities. The SADC continues to conduct other outreach efforts, including a continuing legal education webinar for New Jersey attorneys, many of whom represent farmers, municipalities and/or county agriculture development boards (CADBs); presentations on right to farm and agricultural mediation to the New Jersey Agricultural Leadership Development Program class and at the Planning for Local Food and Farms workshop sponsored by the Burlington County Agriculture Development Board (CADB) and American Farmland Trust; and conflict management skills workshops at the Vegetable Growers Association of New Jersey’s annual convention and, in collaboration with Rutgers University, at a workshop for USDA officials who interact directly with farmers.

The SADC in November approved for proposal in the New Jersey Register an AMP for solar energy generation, developed in cooperation with an interagency task force and farmer and industry representatives. At the end of the year, the SADC continued to work in a similar manner to develop an AMP for wind energy generation. The SADC also continues to work with its On-Farm Direct Marketing/Agritourism Working Group to draft, propose and adopt AMPs for on-farm direct marketing facilities, activities and events.

The Right to Farm Program’s 2011 work plan includes proposing a draft AMP for direct marketing/agritourism activities; amending the program’s regulations to make them more consistent with statutory processes, including strengthening the rules to reflect the legislative intent; reducing unnecessary back-and-forth between the SADC and county agriculture development boards (CADBs); encouraging mediation before right-to-farm complaints are filed; and allowing CADBs to secure escrowed fees to assist in performing required engineering and technical reviews.

Despite the important work of the Right to Farm Program, its $85,000 allocation in FY2011 continues to be insufficient. The SADC was able to secure an additional $16,581 for its Agricultural Mediation Program for federal FY2010 through the USDA’s Agricultural Mediation Program.