ASSEMBLY, No. 3737

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED MARCH 16, 2020

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

SYNOPSIS

     Clarifies that deed of easement for preserved farmland allows soil disturbance for construction of any new agriculture building or roadway.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning soil disturbance on preserved farmland and supplementing P.L.1983, c.32 (C.4:1C-11 et seq.).

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

     1.    a.     Notwithstanding any provision of P.L.1983, c.32 (C.4:1C-11 et seq.) or any other law concerning preserved farmland, or any rule or regulation adopted pursuant thereto, to the contrary, the construction of any new building for agricultural purposes or the construction of any roadway necessary to service crops, bogs, agricultural buildings or reservoirs explicitly allowed for in the deed of easement for preserved farmland shall not be construed to constitute an unauthorized or unlawful soil disturbance on the preserved farmland.

     b.    For the purpose of this section, “preserved farmland” means land on which a development easement was conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), P.L.2016, c.12 (C.13:8C-43 et seq.), or any other State law enacted for farmland preservation purposes.

     2.    This act shall take effect immediately.

STATEMENT

     This bill provides that the construction of new buildings for agricultural purposes or the construction of any roadway necessary to service crops, bogs, agricultural buildings or reservoirs explicitly allowed for in a deed of easement for preserved farmland cannot be construed to constitute an unauthorized or unlawful soil disturbance on the preserved farmland.  The provisions of this bill reflect the recommendations made in a resolution adopted by the delegates to the 102^nd State Agricultural Convention, assembled in Atlantic City, New Jersey on February 8 and 9, 2017.