Excludes biomass, solar, and wind energy systems located on rooftops or exception areas from certain size restrictions applicable to preserved farmland.*
Summary
Assembly Bill 4688 amends New Jersey’s farmland preservation law to clarify and expand how biomass, solar, and wind energy systems may be installed on preserved farmland. The bill keeps the general rule that a preserved-farm landowner may install and operate these energy systems if they do not significantly interfere with agricultural or horticultural production, are owned by the landowner, and are used primarily to serve the farm’s energy needs or reduce energy costs. It also preserves the existing approval process through the State Agriculture Development Committee (SADC), including notice to the holder of the development easement, a 90-day decision period, and authority for the committee to approve, deny, condition, suspend, or revoke approvals.
Impact
The bill’s main legal effect is to amend P.L.2009, c.213 (C.4:1C-32.4) by excluding biomass, solar, and wind systems located on rooftops or in exception areas from the size/capacity limits that otherwise apply to energy generation on preserved farmland. It also removes language that had tied the exemption to certain preexisting rooftop systems and unpreserved farmland, thereby broadening the treatment of rooftop and exception-area installations. The bill directs the SADC to adopt implementing regulations, including standards for impervious cover, and continues to require compliance with Pinelands rules and, for biomass projects on farmland assessed land, Department of Agriculture approval.
Sentiment
The available legislative history suggests generally favorable sentiment. The Assembly Agriculture and Natural Resources Committee reported the bill with amendments on a 4-0 vote, indicating unanimous support among committee members present. The bill’s purpose appears to be viewed as a practical adjustment to existing farmland preservation rules to better accommodate on-farm renewable energy while maintaining agricultural use protections.
Contention
The main policy tension is between expanding renewable energy options on preserved farmland and preserving the land’s agricultural character. Supporters appear to favor allowing rooftop and exception-area systems to avoid counting against the size limits, which can make on-farm energy projects more feasible. Potential concerns center on whether such systems could still affect farmland use, impervious cover, or the integrity of preservation easements, which is why the bill retains SADC review, easement-holder comment rights, and compliance with Pinelands and other environmental requirements. No specific opposition is reflected in the provided committee record.
Same As
Excludes biomass, solar, and wind energy systems located on rooftops, unpreserved farmland, or exception areas from certain size restrictions applicable to preserved farmland.