N.J. Admin. Code § 2:76-6.20

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:76-6.20 - Minimum eligibility criteria

(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:

(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.

(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.

N.J. Admin. Code § 2:76-6.20

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).