OFFICIAL SITE OF THE STATE OF NEW JERSEYAgricultural Activities
New Jersey’s nickname is “The Garden State” for a good reason. Before the rise of industrial centers during the post-colonial era in the northeastern section of the State and along the Delaware River, agriculture was a vital economic interest. New Jersey farms provided produce and grain to these expanding commerce centers and to the growing cities of New York and Philadelphia. Today, New Jersey’s agriculture industry continues to contribute to the State’s economy by bringing in billions of dollars in revenue. Additionally, according to the Department of Agriculture, New Jersey is one of the top ten national producers of blueberries, cranberries, peaches, tomatoes, bell peppers, cucumbers, snap beans, spinach, and squash.
Agricultural activities may result in disturbance to “special areas” regulated by the Department and may require multiple permits from the Division of Land Use Regulation prior to site preparation or construction. The presence or absence of special areas can be rudimentarily determined using the Department’s online mapping service, NJ-GeoWeb. Special areas within your project site may also affect the type of authorization required. Therefore, it is important to closely examine a proposed activity relative to the sensitive areas which may be impacted.
The above tabs provide additional information on permit requirements relating to agricultural activities. For impacts to streams, rivers, lakes, ponds, flood plains, flood ways, riparian zones, please see the “Flood Hazard” tab. For impacts to special coastal areas, please see the “Coastal” tab. For impacts to Freshwater Wetlands, see the “Freshwater Wetlands” tab. Information on Tidelands can be found by selecting the “Tidelands” tab.
As a general rule, ongoing agricultural activities in a Freshwater Wetland or Wetland Buffers are not regulated by the Department. This could mean planting, tending and harvesting of crops, maintenance of an existing farm pond, any normal farming practice that is ongoing. New construction may be regulated, or exempted, depending on the activity.
One activity which does require a permit from the Division is the Expansion of cranberry growing operations in the Pinelands. Please click on that link for more information about this permit.
Important: The Division considers a farm field to have been “Abandoned” if the field was used for agriculture, but has not been used to produce a crop or product for five years or more. In these cases, wetlands and wetland buffers in these abandon fields are considered regulated and no renewed farming activity can occur within these areas without a permit.
Performing agricultural activities in regulated areas may require authorization pursuant to the Flood Hazard Area Control Act rules. Authorization may be granted through a Flood Hazard Area permit-by-rule, general permit-by-certification, or individual permit. Activities under a permit-by-rule, general permit-by-certification, or general permit must comply with N.J.A.C. 7:13-6.7 in addition to the specific conditions of the permit.
Permit-by-rule 26 at N.J.A.C. 7:13-26 authorizes forest management activities, including silviculture activities, provided they are conducted in accordance with a forest management plan approved by the New Jersey State forester or designee. Detailed requirements apply to ensure riparian zone vegetation is protected.
Permit-by-rule 54 at N.J.A.C. 7:13-7.54 authorizes the continuation of lawfully existing agricultural activities, such as grazing, harvesting, horticulture, irrigation, planting, tilling, viticulture, and watering, on land that has been actively farmed since October 2, 2006. This permit-by-rule does not allow for the expansion of agricultural activities or the construction of any aboveground structures, fences, silos, or buildings.
Permit-by-rule 55 at N.J.A.C. 7:13-55 authorizes the commencement of new agricultural activities on land that is not actively farmed. This permit-by-rule does not allow for changing the grade of the land or for constructing aboveground structures, such as fences, silos, or any buildings. Please note, this permit-by-rule does not allow for the clearing, cutting or removing of vegetation in the riparian zone, except where previous development or disturbance has occurred.
Permit-by-rule 56 at N.J.A.C. 7:13-56 authorizes the continuation or commencement of natural resource conservation practices associated with agricultural activities that are approved by the local Soil Conservation District and/or the USDA Natural Resource Conservation Service. This permit-by-rule does not allow for the clearing, cutting or removing of vegetation in the riparian zone, except where previous development or disturbance has occurred, and does not allow for the construction of an aboveground structure in a flood hazard area. Several other requirements apply to minimize riparian zone disturbance and ensure activities do not exacerbate flooding.
Permit-by-rule 57 at N.J.A.C. 7:13-57 authorizes the construction of a non-habitable building with an agricultural use. Such a building may not have a foundation, and its size is limited to 2,000 square feet. Please note that this permit-by-rule does not allow for the clearing, cutting or removing of vegetation in the riparian zone, except where previous development or disturbance has occurred and does not allow any disturbance within 25 feet of any top of bank, unless the project is adjacent to a lawfully existing bulkhead, retaining wall, or revetment along a tidal water or impounded fluvial water. Permits-by-rule 59 through 62 authorize activities related to the management of livestock, including the construction of a ford across a regulated water, construction of a fence along a regulated water, construction of a pump and/or water intake structure, and construction of a manure management structure. See N.J.A.C. 7:13-59 through 62 for the requirements for each permit.
General permit-by-certification 1 at N.J.A.C. 7:13-8.1 authorizes the removal of accumulated sediment and debris from a regulated water on land that is actively farmed. The activities cannot alter the natural bed and banks of the water and cannot involve driving heavy machinery within the water. Riparian zone vegetation disturbance is generally not allowed, unless required for access to the water and minimized. Trees may not be cleared, cut, or removed, and the project may only be conducted from one bank. Timing restrictions must be observed to protect aquatic life (see N.J.A.C. 7:13-11.5). Please note that additional Federal, State, or local requirements may apply to the disposal of any material removed from the water.
General permit-by-certification 2 at N.J.A.C. 7:13-8.2 authorizes the construction of a roadway across a regulated water on land that is actively farmed. Disturbance must be minimized. The crossing may be accomplished through a culvert or a bridge, as appropriate. Each crossing option, and the roadway itself, must meet specific requirements to ensure safety during flood events. An engineering certification confirming that the roadway will not increase flooding offsite is also required. In addition, timing restrictions must be observed to protect aquatic life.
General permit-by-certification 3 at N.J.A.C. 7:13-8.3 authorizes agricultural bank stabilization and/or bank restoration activities along a regulated water on land that is actively farmed. Disturbance to riparian zone vegetation must be minimized, and the bank must be stabilized with native plant species and/or soil bioengineering. An engineering certification confirming that the stabilization or restoration activities will not obstruct flow in the water or floodway is also required. Timing restrictions must be observed to protect aquatic life.
For agricultural activities that do not meet the requirements of a permit-by-rule or general permit-by-certification, an individual permit pursuant to N.J.A.C. 7:13-10, 11, and 12 may be required.
If the project is regulated pursuant to the Coastal Zone Management rules at N.J.A.C. 7:7, then no separate Flood Hazard approval is required. In these instances, the applicant need only submit a report and plans demonstrating compliance with the Flood Hazard Area Control Act rules as part of the coastal permit application.
In terms of permitting, agricultural activities can be divided into two categories.
The first category consists of farming activities, such as cultivation, harvesting of crops or pasturing of animals. The continuation of existing and legal farming activities within coastal areas does not generally require a coastal permit. However, a coastal permit may be required if the proposed project will impact special areas, general water areas, or resources as described in the Coastal Zone Management rules at N.J.A.C. 7:7 or if the farming activity is located within mapped coastal wetlands which were not continuously farmed since April 13, 1972.
The second category consists of activities that support agriculture, such as construction or reconstruction of a shed, farm stand, or building; the addition of parking spaces; grading, excavation or filling of land; realignment of water areas; mining of land for sand and gravel; placement of dredged material on fields; installation of surface water intakes, or the application of pesticides to coastal wetlands. These activities are more likely to require a coastal permit(s).
The availability of certain permits depends on the project’s location. If the proposed project does not meet the requirements of an exemption, Permit-by-rule, or General Permit, the project may require a CAFRA, Coastal Wetlands and/or Waterfront Development Individual Permit.
Tidelands, also known as riparian lands, are all those lands now or formerly flowed by the mean high tide of a natural waterway; that is to say any land that is currently or was previously covered by tidal waters. The State of New Jersey, and therefore the people of New Jersey, owns all Tidelands except for those to which it has already sold its interest in the form of a riparian grant. It is important to note that the State generally does not own artificial waterways such as lagoons, however, the State does claim those lands within a lagoon that were flowed by the mean high tide of a natural waterway which existed prior to the creation of the lagoon.
Agricultural activities that are proposed in a tidelands area may require a tidelands license if the activities are taking place at or below the mean high water line of a tidal waterway or a tidelands grant if the activities are taking place in an area that is currently landward of the mean high water line but was, at some point, flowed by the tide.
A tidelands license is a short term revocable rental document to use tidelands generally for structures such as docks, bulkhead extensions, mooring piles, and other temporary structures as well as for dredging projects. Licenses are project specific and expire after a finite term ranging from one to ten years. Most licenses may be renewed.
A riparian grant, or tidelands grant, is a deed from the State of New Jersey selling its tidelands. Tidelands grants are generally only issued for lands that have already been filled in and are no longer flowed by the tide.
For information and instruction on how to determine whether you are in an area that may require either a license or a grant, or for information how to apply for Tideland instruments please see the “Permit Applicability” webpage.