Bill Text: NJ S2125 | 2014-2015 | Regular Session | Amended
Bill Title: Provides that determination by county agriculture development board or State Agriculture Development Committee as to what qualifies as farm-based recreational activity ine pinelands protection area is binding on Pinelands Commission.*
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-12-17 - Substituted by A3257 (3R) [S2125 Detail]
Download: New_Jersey-2014-S2125-Amended.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Provides that determination by county agriculture development board or State Agriculture Development Committee as to what qualifies as farm-based recreational activity in pinelands protection area is binding on Pinelands Commission.
CURRENT VERSION OF TEXT
As reported by the Senate Community and Urban Affairs Committee on December 10, 2015, with amendments.
An Act concerning 1[certain] farm-based1 recreational 1[use on certain lands within the pinelands area] activities1 and supplementing P.L.1979, c.111 (C.13:18A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. 1[Notwithstanding the provisions of the comprehensive management plan or any rule or regulation to the contrary, a recreational use that meets the conditions set forth in this section shall be allowed as a low intensity recreational use on lands subject to a Pinelands development credit deed restriction and located within an agricultural production area:
(1) the recreational use involves only minimal or temporary damage to the agricultural or horticultural use of the lands;
(2) the recreational use does not include the development of any permanent structures on any lands in agricultural or horticultural use; and
(3) the recreational use is of a temporary nature] Any final determination by a county agriculture development board or the State Agriculture Development Committee, as applicable under the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-1 et seq.), as to what qualifies as a farm-based recreational activity under subsection h. of section 6 of P.L.1983, c.31 (C.4:1C-9) in the protection area shall be binding upon the Pinelands Commission and shall constitute a permitted agricultural or horticultural use in the protection area. For the purposes of this section, "farm-based recreational activity" includes but is not limited to field sports, provided that no permanent athletic fields are established1 .
b. A landowner engaging in, or allowing, 1[a recreational use meeting the criteria set forth in] any activity determined by a county agriculture development board or the State Agriculture Development Committee to qualify as a farm-based recreational activity pursuant to1 subsection a. of this section shall not be deemed to be in violation of any deed restriction related to allowable 1[recreational]1 uses on the 1[lands.] land imposed in accordance with any law, any rule or regulation adopted pursuant thereto, or any other government action.
c. As used in this section:
"County agriculture development board" means a county agriculture development board established pursuant to the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.).
"State Agriculture Development Committee" means the State Agriculture Development Committee established pursuant to section 4 of the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-4).1
2. This act shall take effect immediately.
