N.J. Admin. Code § 2:76-5.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 2:76-5.4 - Eligibility for State soil and water conservation cost-share funds

(a) Upon certification of a farmland preservation program or a municipally approved program, the Committee shall determine the total eligible State soil and water cost-share funds based on common deed ownership in accordance with the following formula:

Acres	Eligibility for State cost-share funds
From 0 to 50 acres	= $ 600.00/acre
From greater than 50 to 100 acres	= $ 30,000 + $ 200.00/acre above 50 acres
From greater than 100 to 450 acres	= $ 40,000 + $ 100.00/acre above 100 acres
Greater than 450 acres	= $ 75,000

1. The total eligible amount of cost-share funds as determined above shall remain in effect for the duration of the initial farmland preservation program or municipally approved program.

2. Upon renewal of the farmland preservation program or municipally approved program, the eligibility of cost-share funds shall be based upon the formula current at the time of program renewal set forth in this section.

(b) On land that has had a development easement conveyed from it pursuant to N.J.S.A 4:1C-24a, the Committee shall determine the total eligible State soil and water cost-share funds based on common deed ownership in accordance with the following formula:

Acres	Eligibility for State cost-share funds
From 0 to 50 acres	= $ 600.00/acre
From greater than 50 to 100 acres	= $ 30,000 + $ 200.00/acre above 50 acres
From greater than 100 to 450 acres	= $ 40,000 + $ 100.00/acre above 100 acres
Greater than 450 acres	= $ 75,000

1. The total eligible amount of cost-share funds as determined above shall remain in effect for a period of eight years from the date the development easement was conveyed to the board.

2. At the end of the eight-year period, the eligibility of cost-share funds shall be based upon the formula current at that time and set forth in this section for subsequent eight-year periods.

(c) Notwithstanding (a) and (b) above, if a governmental body or a not-for-profit corporation is the record owner of land enrolled in a farmland preservation program, municipally approved program or is subject to a development easement conveyed pursuant to the provisions of the Agriculture Retention and Development Act, the owner is eligible for State soil and water project cost-share funds on the basis of the acreage contained in each farm in accordance with the following formula:

Acres	Eligibility for State cost-share funds
From 0 to 50 acres	= $ 600.00/acre
From greater than 50 to 100 acres	= $ 30,000 + $ 200.00/acre above 50 acres
From greater than 100 to 450 acres	= $ 40,000 + $ 100.00/acre above 100 acres
Greater than 450 acres	= $ 75,000

1. The total eligible amount of cost-share funds as determined above shall remain in effect for a period of eight years from the date the easement is conveyed.

2. At the end of the eight-year period, the eligibility for cost-share funds for subsequent eight-year periods shall be based upon the formula set forth in this subchapter that is in effect at the end of the eight-year period.

(d) Upon State Soil Conservation Committee approval and recommendation for funding of an application for soil and water project cost-sharing in compliance with 2:76-5.7 and upon State Agriculture Development Committee approval, the State Agriculture Development Committee shall obligate funds as approved in the application for up to three years from the date of approval.

1. Approval of funds shall not exceed the amount determined in (a), (b) and (c) above.

2. The term of obligation may be extended due to seasonal constraints or other unavoidable delays only upon the approval of the local soil conservation district, the State Soil Conservation Committee and the State Agriculture Development Committee.

N.J. Admin. Code § 2:76-5.4

New Rule, R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 25 New Jersey Register 4899(a).
Amended by R.2004 d.476, effective 12/20/2004.
See: 36 New Jersey Register 3959(a), 36 New Jersey Register 5669(a).
Rewrote the section.