Protected Activities

  • Produce agricultural and horticultural crops, trees and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping;
  • Process and package the agricultural output of the commercial farm;
  • Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards;
  • Replenish soil nutrients and improve soil tilth;
  • Control pests, predators and diseases of plants and animals;
  • Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;
  • Conduct on-site disposal of organic agricultural wastes;
  • Conduct agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm; and
  • Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

  • Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L.2009, c.213 (C.4:1C‐32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C‐9.2)

  • House any full‐time, year‐round equine‐related farm employee in the same building or facility as horses in accordance with the provisions of section 3 of P.L.2020, c.154 (C.4:1C‐9.3). 

In addition, pursuant to N.J.A.C. 2:76-2B.1, the following activities are also protected by the Right to Farm Act:

  • Pick-Your-Own Operations; and
  • Equine activities. (adopted rule)
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