New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS
Section 2:76-6.20 - Minimum eligibility criteria
Universal Citation: NJ Admin Code 2:76-6.20
Current through Register Vol. 56, No. 18, September 16, 2024
(a) All lands from which a development easement is acquired and all lands purchased in fee simple title pursuant to section 24 of P.L. 1983, c. 32 (4:1C-31 ) , section 5 of P.L. 1988, c. 4 (4:1C-31.1) , section 1 of P.L. 1989, c. 28 (4:1C-38) , section 1 of P.L. 1999, c. 180 (4:1C-43.1) , or sections 37 though 40 of P.L. 1999, c. 152 (13:8C-37 through 40) shall at a minimum satisfy the following criteria:
1. For lands less
than or equal to 10 acres, the land must meet the criteria in (a)1i, ii, iii and iv,
or (a)1v below.
i. The land produces agricultural
or horticultural products of at least $ 2,500 annually;
ii. At least 75 percent of the land is tillable or
a minimum of five acres, whichever is less;
iii. At least 75 percent of the land, or a minimum
of five acres, whichever is less, consists of soils that are capable of supporting
agricultural or horticultural production; and
iv. The land must exhibit development potential
based on a finding that all of the following standards are met:
(1) The municipal zoning ordinance for the land as
it is being appraised must allow additional development, and in the case of
residential zoning, at least one additional residential site beyond that which will
potentially exist on the premises;
(2)
Where the purported development value of the land depends on the potential to
provide access for additional development, the municipal zoning ordinances allowing
further subdivision of the land must be verified. If access is only available
pursuant to an easement, the easement must specify that further subdivision of the
land is possible. To the extent that this potential access is subject to ordinances
such as those governing allowable subdivisions, common driveways and shared access,
these facts must be confirmed in writing by the municipal zoning officer or
planner;
(3) The land shall not contain
more than 80 percent soils classified as freshwater or modified agricultural
wetlands according to the New Jersey Department of Environmental Protection (DEP)
wetlands maps. If the DEP wetlands maps are in dispute, further investigation and
onsite analysis may be conducted by a certified licensed engineer or qualified
wetlands consultant and/or a letter of interpretation issued by the New Jersey
Department of Environmental Protection, may be secured and used to provide a more
accurate assessment of the site conditions, provided, however, that nothing herein
shall require the Committee to conduct such additional investigation; and
(4) The land shall not contain more than 80
percent soils with slopes in excess of 15 percent as identified on a USDA, Natural
Resources Conservation Service SSURGO version 2.2 or newer soils map; or
v. The land is eligible for allocation
of development credits pursuant to a transfer of development potential program
authorized and duly adopted by law including development credits authorized pursuant
to the Pinelands Comprehensive Management Plan and authorized rules.
vi. For evaluation purposes, the term "tillable"
means lands that are classified as cropland harvested, cropland pastured and
permanent pasture for farmland assessment purposes.
(1) "Cropland harvested" means land from which a
crop was harvested in the current year. Cropland harvested shall include land under
structures utilized for agricultural or horticultural production.
(2) "Cropland pastured" means land which can be
and often is used to produce crops, but its maximum income may not be realized in a
particular year. This includes land that is fallow or in cover crops as part of a
rotational program.
(3) "Permanent
pasture" means land that is not cultivated because its maximum economic potential is
realized from grazing or as part of erosion control programs. Animals may or may not
be part of the farm operation.
2. For lands greater than 10 acres, the land must
meet the criteria in (a)2i, ii and iii, or (a)2iv.
i. At least 50 percent of the land, or a minimum
of 25 acres, whichever is less, is tillable;
ii. At least 50 percent of the land, or a minimum
of 25 acres, whichever is less, consists of soils that are capable of supporting
agricultural or horticultural production; and
iii. The land must exhibit development potential
based on a finding that all of the following standards are met:
(1) The municipal zoning ordinance for the land as
it is being appraised must allow additional development, and in the case of
residential zoning, at least one additional residential site beyond that which will
potentially exist on the premises;
(2)
Where the purported development value of the land depends on the potential to
provide access for additional development, the municipal zoning ordinances allowing
further subdivision of the land must be verified. If access is only available
pursuant to an easement, the easement must specify that further subdivision of the
land is possible. To the extent that this potential access is subject to ordinances
such as those governing allowable subdivisions, common driveways and shared access,
these facts must be confirmed in writing by the municipal zoning officer or
planner.
(3) Land that is less than 25
acres in size shall not contain more than 80 percent soils classified as freshwater
or modified agricultural wetlands according to the New Jersey Department of
Environmental Protection (DEP) wetlands maps. If the DEP wetlands maps are in
dispute, further investigation and onsite analysis may be conducted by a certified
licensed engineer or qualified wetlands consultant and/or a letter of interpretation
issued by the New Jersey Department of Environmental Protection, may be secured and
used to provide a more accurate assessment of the site conditions, provided,
however, that nothing herein shall require the Committee to conduct such additional
investigation; and
(4) Land that is less
than 25 acres in size shall not contain more than 80 percent soils with slopes in
excess of 15 percent as identified on a USDA, Natural Resources Conservation Service
SSURGO version 2.2 or newer soils map; or
iv. The land is eligible for allocation of
development credits pursuant to a transfer of development potential program
authorized and duly adopted by law including development credits authorized pursuant
to the Pinelands Comprehensive Management Plan and authorized rules.
v. For evaluation purposes, the term "tillable"
means lands that are classified as cropland harvested, cropland pastured and
permanent pasture for farmland assessment purposes.
(1) "Cropland harvested" means land from which a
crop was harvested in the current year. Cropland harvested shall include land under
structures utilized for agricultural or horticultural production.
(2) "Cropland pastured" means land which can be
and often is used to produce crops, but its maximum income may not be realized in a
particular year. This includes land that is fallow or in cover crops as part of a
rotational program.
(3) "Permanent
pasture" means land that is not cultivated because its maximum economic potential is
realized from grazing or as part of erosion control programs. Animals may or may not
be part of the farm operation.
(b) Lands that do not meet the minimum eligibility criteria are not eligible for a State cost share grant for farmland preservation purposes.
(c) No application being reviewed by the Committee for permanent farmland preservation purposes shall be eligible to be considered in more than one program at any time.
(d) If a landowner rejects an offer for an amount equal to or greater than the certified market value, the Committee shall not accept for processing any application for the sale of a development easement, or for sale of land in fee simple, pursuant to the planning incentive grant program or any other farmland preservation program authorized pursuant to 4:1C-11 et seq., or 13:1C-1 et seq. for two years from the date that the application for a sale of the development easement was originally submitted to the Committee. This provision applies only to an application from the same landowner for the same farm property.
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