N.J. Admin. Code § 18:15-6.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 18:15-6.2 - Devoted to agricultural or horticultural use defined

(a) "Devoted to agricultural or horticultural use" means:

1. Land under and used with barns, sheds, packing houses, farm storage facilities, seasonal farm markets selling predominantly agricultural products, seasonal agricultural labor housing, silos, cribs, and like structures when used in direct support of producing crops for sale;

2. Land that consists of lakes, ponds, streams, stream buffer areas, hedgerows, wetlands, and/or irrigation ponds that are supportive and subordinate or reasonably required for the purpose of maintaining agricultural or horticultural uses of a tract of land, which tract of land has a minimum area of at least five acres devoted to agricultural or horticultural uses other than to the production for sale of trees and forest products;

3. Land on which crops are produced, harvested, and sold, either at retail or wholesale;

4. Land on which cover crops are grown as part of a regular crop rotation program;

5. Land on which poultry are housed or ranged, but if ranged, the land must be enclosed by a fence sufficient to retain such animals;

6. Land on which crops are grown for on-farm use, but not including land that is used to produce crops only for personal consumption;

7. Land kept fallow during a growing season using cultivation or chemical control to eradicate or reduce weeds for future agricultural or horticultural production;

8. Land on which farm animals may be maintained, pastured, or ranged whose products or the animals themselves are produced for market, either retail or wholesale;

9. Land enrolled in a soil conservation program administered by an agency of the Federal government that meets the annual maintenance requirements for future agricultural or horticultural production or an equivalent program such as the Conservation Reserve or Wetlands Reserve Program;

10. Land on which trees and forest products are produced for sale within a reasonable period of time and such land is managed in compliance with a written woodland management plan approved by the State Forester;

11. Land on which livestock is boarded, raised, pastured, rehabilitated, trained, or grazed, and enclosed by a fence sufficient to retain such animals that are themselves or their products sold, except that "livestock" does not include dogs;

12. Land that is used for boarding, rehabilitating, or training livestock for a fee (not including acres pastured) where the livestock is owned by a party or parties other than the property owner(s), and the land is contiguous to five or more acres that otherwise qualify for valuation, assessment, and taxation under the Act;

13. Land that is supportive and subordinate woodland or wetlands and that is contiguous to, part of, or beneficial to land that is cropland harvested, cropland pastured, or permanent pasture;

14. Land that has limited farming or grazing potential, is managed in an erosion-control program, and is supportive and subordinate or reasonably required for agricultural or horticultural production of land that has a minimum of five acres classified as cropland harvested, cropland pastured, or permanent pasture;

15. Land under greenhouses or poultry or livestock facilities in which animals or their products are sold; or

16. Land used for biomass, solar, or wind energy generation is considered land actively devoted to agricultural or horticultural use as long as it meets the qualifications set forth in N.J.A.C. 18:15-6.1(d), except that the energy generated from such use is not considered an agricultural or horticultural product.

N.J. Admin. Code § 18:15-6.2

Amended by 49 N.J.R. 118(b), effective 1/3/2017