New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A4243

Introduced
6/13/22  

Caption

Establishes certain shellfish aquaculture activities as eligible for Right to Farm protections.

Impact

The bill's passage would have a substantial impact on state laws related to agriculture by officially incorporating shellfish aquaculture as a recognized agricultural practice under the Right to Farm provisions. Currently, farms must comply with certain eligibility criteria to gain protection under the Right to Farm Act; A4243 simplifies this process for shellfish farms, enabling operations that conform to established agricultural management practices to avoid being classified as public or private nuisances. This change aims to provide clarity and support for the shellfish industry, which is vital to local economies and ecosystems.

Summary

Assembly Bill A4243 aims to amend and supplement the 'Right to Farm Act' in New Jersey by establishing certain shellfish aquaculture activities as eligible for its protections. By recognizing shellfish commercial farms—those engaged in shellfish aquaculture and producing shellfish worth $40,000 or more annually—the bill seeks to bolster the state's aquaculture sector and provide these specific operations the same legislative protections enjoyed by traditional agricultural entities. The intent is to promote the growth of shellfish farming, which has significant potential for economic development along the coastal regions of New Jersey.

Contention

While the bill is designed to enhance protections for shellfish aquaculture, there may be points of contention regarding its implications for local governance and land use regulations. Opponents may argue that broadening the Right to Farm protections could limit local authorities' ability to regulate agricultural practices or address community concerns regarding environmental impacts and land-use planning. The underlying tension lies in balancing support for agricultural businesses with the need for responsible environmental stewardship and local governance.

Companion Bills

NJ S2908

Same As Establishes certain shellfish aquaculture activities as eligible for Right to Farm protections.

Previously Filed As

NJ A4047

Exempts from prohibition on taking of shellfish on Sunday certain shellfish aquaculturalists with commercial shellfish aquaculture permits who use predator screening systems.

NJ A1528

Changes DEP authority to allow taking of aquacultured shellfish on Sunday.

NJ A1449

Establishes maximum size for lands leased as shellfisheries areas along the Atlantic Coast by Shellfisheries Council.

NJ A2944

Revises contiguous acre requirement for farmland assessment eligibility under certain circumstances.

NJ A4378

Establishes farmland assessment certification for tax assessors, online portal system for farmland assessment applications, and hotline for reporting farmland assessment fraud; increases on-site inspections for farmland under 10 acres in area and rollback tax.

NJ HB1400

Shellfish Aquaculture - Penalties - Suspension or Revocation of Permit or Registration Card

NJ SB166

Shellfish Aquaculture - Penalties - Suspension or Revocation of Permit or Registration Card

NJ A4368

Authorizes County Agriculture Development Boards to establish program to receive and lease donated farmland to new farms, establishes gross income tax credit for farmers who donate land.

NJ S2491

Provides that potable water well construction projects on preserved farms are eligible to receive soil and water conservation grants from SADC.

NJ A2514

Provides that potable water well construction projects on preserved farms are eligible to receive soil and water conservation grants from SADC.

Similar Bills

NJ A4047

Exempts from prohibition on taking of shellfish on Sunday certain shellfish aquaculturalists with commercial shellfish aquaculture permits who use predator screening systems.

CT HB07170

An Act Concerning Certain Recommendations Of The Department Of Agriculture Regarding Aquaculture And Minor Revisions To Programs And Statutes Relating To The Department Of Energy And Environmental Protection.

CT SB01497

An Act Concerning Programming At The Department Of Agriculture And Other Farming And Agriculture Related Provisions.

WA SB5322

Addressing the impacts of burrowing shrimp on bottom culture shellfish farming through integrated pest management research.

NC H841

Shellfish Leasing Study

NC HB841

House Bill 841

NC S401

NC Farm Act of 2025

WA SB6318

Concerning commercial shellfish fees.