Allows Right to Farm Act complaints to be filed with county agriculture development board in adjacent county under certain circumstances and creates alternate voting members on such boards.

A4076

ASSEMBLY, No. 4076

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblywoman� ANDREA KATZ

District 8 (Atlantic and Burlington)

Assemblywoman� HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

SYNOPSIS

���� Allows Right to Farm Act complaints to be filed with
county agriculture development board in adjacent county under certain
circumstances and creates alternate voting members on such boards.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning county agriculture development boards
and amending P.L.1998, c.48 and P.L.1983, c.32.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 5 of P.L.1998,
c.48 (C.4:1C-10.1) is amended to read as follows:

���� 5.� a.� Any person aggrieved
by the operation of a commercial farm, or the operation of a shellfish
commercial farm, shall file a complaint with the applicable county agriculture
development board or the State Agriculture Development Committee in counties
where no county board exists prior to filing an action in court.�
In the
event a county board is unable to convene a quorum due to members of the county
board having conflicts of interest related to the complaint filed pursuant to
this subsection, the person who filed the complaint may file the complaint with
the county board located in the adjacent county located closest to the
commercial farm or shellfish commercial farm that is the subject of the
complaint.

���� b.��� In the event the dispute
concerns activities that are addressed by an agricultural management practice
recommended by the committee and adopted pursuant to the provisions of the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), the county
board shall hold a public hearing and issue findings and recommendations within
60 days of the receipt of the complaint.

���� c.���� In the event the
committee has not recommended an agricultural management practice concerning
activities addressed by a complaint, the county board shall forward the
complaint to the committee for a determination of whether the disputed
agricultural operation constitutes a generally accepted agricultural operation
or practice.� Upon receipt of the complaint, the committee shall hold a public
hearing and issue its decision, in writing, to the county board.� The county
board shall hold a public hearing and issue its findings and recommendations
within 60 days of the receipt of the committee's decision.

���� d.��� Any person aggrieved by
the decision of the county board shall appeal the decision to the committee
within 10 days. The committee shall schedule a hearing and make a determination
within 90 days of receipt of the petition for review.

���� e.���� The decision of the
State Agriculture Development Committee shall be binding, subject to the right
of appeal to the Appellate Division of the Superior Court.� Any decision of a
county agriculture development board that is not appealed shall be binding.

(cf: P.L.2023, c.20, s.2)

���� 2.��� Section 7 of P.L.1983,
c.32 (C.4:1C-14) is amended to read as follows:

���� 7.��� a.� The governing body
of any county may, by resolution duly adopted, establish a public body under
the name and style of
[
�The
County
]

the �County
Agriculture Development Board,� with all or any significant
part of the name of the county inserted.� Every board shall consist of three
non-voting members as follows: a representative of the county planning board; a
representative of the local soil conservation district; and the county agent of
the New Jersey Cooperative Extension Service whose jurisdiction encompasses the
boundaries of the county;
[
and
]
seven voting
members who shall be residents of the county
[
,
four of whom
]

; and two alternate members who shall be residents of the county or members
of the county board of agriculture in an adjacent county.� Four of the voting
members and the two alternate members
shall be actively engaged in farming,
the majority of whom shall own a portion of the land they farm
[
,
]

;
and
three of
[
whom
]

the voting
members
shall represent the general public
[
,
]

.� The members shall be

appointed by the board of
[
chosen
freeholders
]

county commissioners
, or, in the counties operating under the county
executive plan or county supervisor plan pursuant to the provisions of the
�Optional County Charter Law,� P.L.1972, c.154 (C.40:41A-1 et seq.), by the
county executive, or the county supervisor, as the case may be, with the advice
and consent of the board of
[
chosen
freeholders
]

county commissioners
.� With respect to the
four voting
members
and
two alternate members
actively engaged in farming, the county board of
agriculture shall recommend to the board of
[
chosen
freeholders
]

county commissioners
, the county executive or the county supervisor, as
appropriate, a list of potential candidates
[
and
their alternates
]

to be considered for each appointment.�
Alternate members may participate in
discussions of the proceedings but shall vote only in the absence or
disqualification of a voting member.� The alternate members shall only be eligible
to vote in place of voting members actively engaged in farming.� A vote shall
not be delayed in order that a voting member may vote instead of an alternate
member.

���� b.��� Of the seven members
first to be appointed, three shall be appointed for terms of two years, two for
terms of three years, and two for terms of four years.� Thereafter, all
appointments shall be made for terms of four years.�
The alternate members
shall be appointed for terms of four years.
� Each of these members shall
hold office for the term of the appointment and until a successor shall have
been appointed and qualified.� Any vacancy in the membership occurring other
than by expiration of term shall be filled in the same manner as the original
appointment but for the unexpired term only.

���� c.���� The board of
[
chosen
freeholders
]

county commissioners
, county executive or county supervisor, as
appropriate, may appoint such other advisory members to the board as they may
deem appropriate.

���� d.��� Members of the board
shall receive no compensation but the appointive members may, subject to the
limits of funds appropriated or otherwise made available for these purposes, be
reimbursed for expenses actually incurred in attending meetings of the board
and in performance of their duties as members thereof.

���� e.���� The board shall meet as
soon as may be practicable following the appointment of its members and shall
elect a chairman from among its members and establish procedures for the
conduct of regular and special meetings, provided that all meetings are conducted
in accordance with the provisions of the �
Senator Byron M. Baer
Open
Public Meetings Act,� P.L.1975, c.231 (C.10:4-6 et seq.).� The chairman shall
serve for a term of one year and may be reelected.

���� f.���� The chairman shall
appoint three members actively engaged in farming to serve with the
representatives of the general public for the purpose of mediating disputes
pursuant to the provisions of section 19 of
[
this
act
]

P.L.1983,
c.32 (C.4:1C-26)
.

���� g.��� Notwithstanding the
provisions of subsections a. and b. of this section, any public body
established by the governing body of any county prior to May 3, 1982 which was
established to carry out functions substantially similar to the functions of
boards pursuant to
[
this
act
]

P.L.1983,
c.32 (C.4:1C-11 et seq.)
and which proposes to apply for grants pursuant
hereto may carry out the functions authorized herein, provided that within five
years following the effective date of
[
this
act
]

P.L.1983,
c.32 (C.4:1C-11 et seq.)
those boards established prior to May 3, 1982
shall reorganize so that the board reflects no more than a simple majority of
members actively engaged in farming or equal representation of the general
public and those actively engaged in farming.

(cf: P.L.1993, c.19, s.1)�

���� 3.��� This act shall take
effect on the first day of the third month next following the date of
enactment.

STATEMENT

����� This bill amends current law concerning membership of
county agriculture development boards (CADBs) and the process for the filing of
complaints under the �Right to Farm Act,� P.L.1983, c.31 (C.4:1C-1 et al.).�

����� Specifically, this bill would provide a mechanism for
how Right to Farm disputes may be resolved if a CADB does not have quorum due
to members with conflicts of interest.� Under current law, in the event of a
dispute, an individual or municipality aggrieved by the operation of a
commercial farm is required to file a formal complaint with the appropriate
CADB, or the State Agriculture Development Committee in counties where no CADB
exists, prior to filing action in court.� Under this bill, if a CADB is unable
to convene a quorum due to members having conflicts of interest related to the
filed complaint, the complaint may be filed with the CADB located in the
adjacent county located closest to the commercial farm that is the subject of
the complaint.

����� In addition, this bill amends the �Agriculture
Retention and Development Act,� P.L.1983, c.32 (C.4:1C-11 et seq.), by creating
alternate members on CADBs who would are able to vote in the absence or
disqualification of a voting member.� This bill would require each CADB to have
two alternate members.� The alternate members would be required to be actively
engaged in farming and either be a resident of the county or a member of the
CADB in an adjacent county.� These alternate members would each serve for a term
of four years and may vote in place of an appointed voting member who is
actively engaged in farming should a voting member be absent or disqualified.�
The alternate voting member may participate in discussions of the proceedings
when not voting.� The alternate members would be appointed in the same manner
as the four members actively engaged in farming.