New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S428

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
6/13/22  
Engrossed
6/29/22  
Refer
6/29/22  
Report Pass
1/19/23  
Engrossed
1/26/23  
Enrolled
2/2/23  
Chaptered
3/13/23  

Caption

Extends Right to Farm Act protections to certain shellfish aquaculture activities.

Impact

The passage of S428 is anticipated to foster growth in New Jersey's shellfish industry by providing additional legal protections for farms engaged in shellfish production. It eases certain regulatory burdens and gives shellfish farmers clearer guidelines to operate within, promoting economic sustainability and local jobs. Additionally, the bill seeks to minimize conflicts with local ordinances, allowing shellfish farms to flourish in areas where agriculture is already permitted under municipal zoning laws.

Summary

Bill S428 extends the Right to Farm Act protections to shellfish aquaculture activities in New Jersey. Specifically, it allows shellfish commercial farms to operate under the protections of the Right to Farm Act, which includes obtaining authorization for production, processing, and packaging of shellfish. This bill delineates a shellfish aquaculture management unit as a farm that produces shellfish worth $40,000 or more annually and operates within compliance of established agricultural practices. The bill aims to stimulate the shellfish farming industry while ensuring that operations meet specified health and safety regulations.

Sentiment

The general sentiment surrounding Bill S428 is supportive among agricultural stakeholders and shellfish farmers, who see it as a critical step toward ensuring the viability of their operations. However, there may be lingering concerns among environmental advocates about potential impacts on local ecosystems, given the intensive nature of aquaculture practices. Overall, the atmosphere during discussions indicated a shared interest in enhancing agricultural production while maintaining ecological balance.

Contention

Notable points of contention surrounding the bill involve the preservation of local authority over zoning laws versus the need for streamlined regulations for agricultural operations. Critics express concerns that the bill may undermine local control and lead to increased tension between local governments and agricultural stakeholders if local zoning regulations are overridden. Supporters argue that clearer protections will ultimately benefit both producers and consumers by providing consistent standards for shellfish farming.

Companion Bills

NJ A3039

Same As Extends Right to Farm Act protections to certain shellfish aquaculture activities.

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 S3944

Authorizes renewable energy systems on preserved farmland to provide power or heat to adjacent properties, under certain conditions.

NJ S3958

Excludes biomass, solar, and wind energy systems located on rooftops, unpreserved farmland, or exception areas from certain size restrictions applicable to preserved farmland.

NJ A4688

Excludes biomass, solar, and wind energy systems located on rooftops or exception areas from certain size restrictions applicable to preserved farmland.

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 A198

Provides limited civil liability immunity to farmers hosting agritourism activities.

NJ A4033

Expands definition of "qualifying land" to include certain deeds of easement excluding certain portions of farm from preservation.

NJ A4032

Authorizes counties to establish mentoring programs for, and resell preserved farmland at reduced price to, beginning farmers.

NJ A4635

Authorizes construction, installation, and operation of solar energy generating facilities, structures, and equipment on preserved farmland, in certain cases, pursuant to lease agreement executed between landowner and solar developer.

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.