New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 22A - XYZ
Section 2:76-22A.2 - Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Associative historical value" means a building, structure, or real property associated with events that have made a significant contribution to the broad patterns of history or associated with the lives of persons significant in the State's past.

"Building" means a structure enclosed with exterior walls or fire walls, built, erected, and framed of component structural parts, designed for the housing, shelter, enclosure, or support of individuals, animals, or property of any kind. "Building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.

"Character-defining features" means those visual aspects and physical features that comprise the appearance of a building or structure and include, but are not limited to, the overall shape of a structure, its materials, craftsmanship, decorative details, and features, as well as the various aspects of its site and environment.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Curtilage" means the immediate land area surrounding a structure.

"Demolition" means the dismantling or tearing down of all or part of any building or structure and all operations incidental thereto.

"Demolition by neglect" means the absence of routine maintenance and repair that can lead to a building's or structure's structural weakness, decay, and deterioration resulting in its destruction.

"Determination of Compatibility" means a written approval issued by the Committee permitting the finishing, alteration, new construction, relocation, or demolition of structures supporting a rural microenterprise, provided the changes are compatible with the agricultural character of the premises and surrounding agricultural landscape and do not diminish the historic or cultural character of a heritage farm structure.

"Heritage farm structure" means a building or structure that is significantly representative of New Jersey's agrarian history or culture and that has been designated as such by the Committee.

"Heritage preservation easement" means an interest in land less than fee simple absolute, stated in the form of a deed restriction executed by or on behalf of the owner of the land, appropriate to preserving a building or structure and its curtilage that is significant for its value or importance to New Jersey's agrarian history or culture, and to be used exclusively for the purposes of implementing sections 1 and 3 of P.L. 2005, c. 314 ( N.J.S.A. 4:1C-32.1 and 32.3), to limit alteration in exterior form or features of such building or structure. The heritage preservation easement shall be in a form approved by the Committee, be recorded against the premises, be held by the Committee, and shall run with the land as set forth in N.J.A.C. 2:76-22.

"Owner of the premises" means the person who owns qualifying land.

"Protected features" means the historic form and character-defining features of the heritage farm structure consisting of its entire exterior, including the roof, front, sides, and rear of the structure and its curtilage, that have been documented in a baseline inspection report that the grantor and Committee agree provides an accurate representation of the premises at the time of the conveyance of a heritage preservation easement.

"Rural microenterprise" means a small-scale business or activity that is fully compatible with agricultural use and production on the premises, does not, at any time, detract from, diminish, or interfere with the agricultural use of the premises, and is incidental to the agricultural use of the premises. "Rural microenterprise" shall not include a personal wireless service facility as defined and regulated pursuant to N.J.S.A. 4:1C-32.2. There shall be two categories of rural microenterprise activities as follows:

1. Class 1 shall include customary rural activities, which rely on the equipment and aptitude historically possessed by the agricultural community, such as snow plowing, bed and breakfasts, bakeries, woodworking, and craft-based businesses; and

2. Class 2 shall include agricultural support services, which have a direct and positive impact on agriculture by supplying needed equipment, supplies, and services to the surrounding agricultural community, such as veterinary practices, seed suppliers, and tractor equipment repair shops.

"Special permit" means a permit to allow one rural microenterprise activity to occur on qualifying land issued by the Committee pursuant to N.J.S.A. 4:1C-32.1 and the procedures and criteria set forth in NJ.A.C. 2:76-22 and this subchapter.

"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land. "Building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.

"Surrounding agricultural landscape" means the continuous view of the premises and adjacent properties not to exceed a one-half mile radius of the premises.