Township of Montague, NJ Chapter 14 Right to Farm

[HISTORY: Adopted by the Township Committee of the Township of Montague 12-29-98 by Ord. No. 98-15. Amendments noted where applicable.]

§ 14-1 Statement of rights.

A. The right to farm includes:

1. The producing, from the land, agricultural product such as, but not limited to, vegetables, greens, hay, fruit, fibers, wood, plants, shrubs, flowers and seeds.

2. The use of land for the grazing by animals.

3. The use of irrigation pumps and equipment. A priority water use for agriculture, second only to human consumption and household needs, is hereby recognized.

4. The clearing of woodlands to expand production, the alteration of vegetation and terrain, the installation of physical facilities for soil and water conservation and, harvesting of timber.

5. The right and ability to market a particular farm's output on site, including the construction of buildings and parking areas for farm markets and "u-pick" marketing and sales.

6. The on site handling and disposal of organic wastes and materials in accordance with acceptable management practices and ability to replenish soil nutrients as recommended by the New Jersey Agricultural Experimental Station.

7. The ability to use federally approved products in accordance with labeled instructions, as recommended by the New Jersey Agricultural Experimental Station, and the U.S. Environmental Agency, for the control of pests and disease affecting plants and livestock and for the control of weed infestation and the aerial and ground seeding and spraying on farms in accordance with acceptable management practice.

8. The right and ability to conduct farming activities on holidays, Sundays and weekdays, in the evening and during the day, notwithstanding the production thereby of normal noise, dust, odors and fumes that are caused by such necessary activities when conducted in accordance with generally accepted agricultural practice.

B. The foregoing rights are subject to the restrictions and regulation of state and township health and sanitary codes, and in addition thereto, the restrictions and regulations of the State Department of Environmental Protection and the Federal Environmental Protection Agency.