Part three of the three-part series will discuss common claims bought under the Right to Farm Act. (N.J.S.A. 4:1C-1 et seq.). In Part One we provided an overview of the Right to Farm Act and in Part Two we discussed the eligibility requirements to bring a claim under the Right to Farm Act. Part Three will discuss typical types of issues or disputes filed with your CADB (County Agricultural Development Board) or the SADC (State Agricultural Development Committee).
CADB Determinations Sought by Farmers
A commercial farm can file its own action with its CADB asking the CADB to determine whether a specific farming operation conforms with generally accepted practices to provide the commercial farm protection under the Right to Farm Act (RTFA). The process of seeking this relief is often described as a Site-Specific Agricultural Management Practice (SSAMP) determination and the CADB will need to determine if the farm is in compliance with agricultural management practices (AMPs) that have been promulgated by the SADC, or with generally accepted agricultural practices. The SADC adopted 12 AMPs, which can be found here. The proactive strategy to review a SSAMP is often used to head off a dispute with a neighbor or municipality. Once a farmer requests a SSAMP review, the CABD gives notice to the local municipality and property owners with property within 200 feet of the farm and holds a hearing.
A commercial farm can also seek approvals for an addition or expansion to its operations and argue that the local municipal laws governing the use of the property (i.e. local zoning laws) are “preempted” by the RTFA. Although the decision on certain uses may be preempted, the CADB is required to seek the input of the local municipality during the hearing process. Often, the issue will turn on whether the agriculturally based reasons for not complying with the local land use standards is valid taking into account how the intended operations impact public health and safety. As you can imagine, this decision is very fact sensitive and the ultimate decision will vary on a case-by-case basis.
CADB Complaints Filed by Neighbors
Often, disputes arise when a neighbor complains that farming operations are a nuisance. Typical nuisance claims arise from noise, odors and flooding conditions. If the farm is a commercial farm and meets the requirements under the RTFA, the neighbor cannot file an action in state court but is required to file a complaint with its local CADB or SADC if there is no local board. If a neighbor does file a complaint in state court, the farmer can ask the state court to dismiss the complaint for “lack of jurisdiction” and require the neighbor to proceed before the CADB. The issue of whether the matter should proceed before the CADB or state court is an issue for the CADB to decide, not the state court.
The CADB will review the farming operation and the impact on adjacent property owners. If the CADB finds that the farm is following generally accepted practices and takes into account any harm to the adjacent property owners, any RTFA decision issued by the CABD will create an “irrebuttable presumption” the farm’s activities do not constitute a nuisance. The farmer and neighbor need to evaluate whether expert testimony is required to meet their burden of proof, an often overlooked issue.
If a party is not happy with the decision of its CADB, it can appeal the decision to the SADC. If the case is contested, the SADC can refer the matter to an Administrative Law Judge (ALJ) for a hearing. After the hearing, the ALJ sends its decision back to the SADC who is required to adopt, reject or modify the “recommendation” of the ALJ. The SADC’s final decision can be appealed to the Appellate Division of the New Jersey Superior Court.
Neighbor disputes are difficult to resolve and can become very emotional. As we discussed in Part Two, the SADC mediation program is designed to help resolve these disputes in a timely and cost-effective manner. However, if litigation is the only true remedy, parties need to look before they leap and analyze the impact on the RTFA on the matter.
