State Looks at Activities Held At Farms Other Than Growing Crops

TRENTON — A number of farms have expanded their activities beyond growing crops into tasting rooms, music festivals, produce stands and “U-Pick It” operations but how much is tolerable to towns where the farms are located and nearby neighbors?
The State Agricultural Development Commission (SADC) is seeking comment from municipalities, the public and the agricultural community on a draft called “On Farm Direct Marketing Agricultural Management Plan,” covering direct farmer to consumer sales.
An Agricultural Management Practice (AMP) group visited 75 farms in the state.
The draft clarifies terms in the Right to Farm Act and establishes performance-based standards that commercial farms would have to meet to be eligible for right-to-farm protection for retail farm markets and for various agriculture-related educational and farm-based recreational activities and events.
SADC is looking at signs, lighting, restrooms, the ability to sell products that are not produced on your farm, signs and temporary parking. The goal of the AMP group is to “give reliable, statewide guidance to farmers, towns and others without being overly rigid.” The group is also exploring agri-tourism.
A state Right to Farm Act currently protects farm markets including the construction of buildings and parking areas and activities and events related to marketing the agricultural or horticultural output of a commercial farm.
The acts states at least 51 percent of the annual gross sales is from the farm’s output or at least 51 percent of the sales area would be devoted to the farm’s output.
For “other products,” the Right to Farm Act states up to 49 percent of sales or the sales area a market sells must be related to the farm’s agricultural output such as “ complimentary or supplementary products.”
Supplementary is defined as the agricultural output of other farms and food and drinks.
The approach of the AMP group is to allow different standards of review for different scales of farm markets. A municipality could waive or reduce requirements based on the site such as scale, intensity and location of a farm.
It suggests relief through SADC if municipal standards are unduly restrictive or a town is unreasonably withholding approval. For new facilities, no formal site plan review would be necessary for a facility up to 500 square feet based on total indoor and outdoor covered sales area.
A minor site plan review would be needed for facilities from 500 to 5,000 square feet.
Suggested parking standards specify “safe, off-road parking shall be provided.”
For new facilities, a buffer of 50 feet from the road and property setback lines would be required and a 100-foot setback from adjacent occupied residences.
Farm activities for the public “all must demonstrate required relationship to marketing the farm’s output but are not limited to educational activities such as school trips, hands-on activities, farm tours and open houses.
The draft suggests allowing activities such as corn mazes, hayride, animal petting areas, pony rides, hiking, bird watching, hunting and fishing, bonfires and tractor pulls.
Suggested “ancillary entertainment-based activities” would include picnic tables, face painting and background music.
For events projected to draw a large amount of visitors, a plan would be required to be submitted to the municipality at least 10 days in advance or the farm would obtain a special events permit where applicable.
Restrooms or portable toilets would be required to be provided if seating is provided for dining or if people will be on site for an extended period of time.
Lighting must be provided if open after dark.
The draft was discussed by the West Cape May Board of Commissioners at a March 14 meeting. Commissioner Ramsey Geyer said he was in agreement with what SADC was proposing as it related to marketing activities that are closely aligned with the product a farm grows.
Mayor Pamela Kaithern said the draft proposed allowing activities at farms from 6 a.m. to 10 p.m., 365 days per year. She said that seems a little broad as well as a lack of parameters on “background music.”
The draft also did not address how often events could be held on a farm, said the mayor.
Board Solicitor Frank Corrado said as agri-tourism grows in the state, the Right to Farm Act governs how farms can be zoned and operated. He said the borough could suggest regulations not included in the draft.
When adopted, the plan will govern farms more so than local zoning and land use ordinances, said Corrado.
The draft can be read at www.nj.gov/agriculture/sadc/
Comments should be submitted by April 15th to the SADC, PO Box 330, Trenton, NJ 08625 or sadc@ag.state.nj.us.
The AMP group will reconvene and new rules will be published in the NJ Register.