Cumberland County Department of Planning, Tourism and Community Affairs

 

The Agriculture Retention and Development Act

The Agriculture Retention and Development Act (Act) is the framework for New Jersey's Farmland Preservation Program. The Farmland Preservation Program is designed to strengthen the agricultural industry and preserve important farmland to enhance the economy and quality of life in the Garden State.

Farmland Preservation Program

The Cumberland County Agriculture Development Board, or CADB, administers the county's Farmland Preservation Program. This program purchases development easement which extinguishes the development rights on active farmland, keeping the land in agriculture in perpetuity. Since 1992, over 22,000 acres of farmland in Cumberland County have been preserved through this program.

Once the development rights are purchased, the land is deed-restricted by a development easement while the land continues to be privately owned. The application process for the Farmland Preservation Program is competitive and includes a 4-page application which can be downloaded below. The process for preservation of your farm, from time of application to closing, can take upwards of three years and includes appraisals, title work, a full survey of your farm, and legal work.

 

Easement Purchase 

Most permanently preserved farmland is enrolled in the Easement Purchase Program, under which landowners sell the development rights on their land to the County Agriculture Development Board (CADB).  Compensation for this sale is based on the appraised value of the development rights on the land.  The landowner retains ownership of the land and is eligible for certain benefits and protections.

Easement Donation

Some landowners have taken advantage of the significant income and estate tax benefits of the Easement Donation Program.  Under this program development easements are donated, rather than sold, to either the SADC or CADB. The easement donor receives the same benefits and protections as other participants in the Farmland Preservation Program and the farmland is permanently preserved.

Funding

Funding for farmland preservation has been provided by a combination of federal, state, county and municipal government and, occasionally, non-profit organizations.

Enforcement of Restrictions 

The CADB is required to obtain an insured title policy and survey on all lands from which a development easement is acquired to ensure that the deed restrictions are enforceable.

An annual inspection is conducted by the CADB to ensure landowner compliance.  The SADC or CADB may institute any proceedings to enforce the conditions or restrictions on the use and development of preserved farmland.

Interested in participating in one of the programs offered for Farmland Preservation but still have questions?  Visit our FAQ page or contact one the Planning, Tourism, and Community Affairs Department.

Special Occasion Events on Preserved Farms

In February 2023, the State Legislature passed P.L. 2023, c.9 allowing special occasion events (SOEs) on preserved commercial farms. SOEs are defined as a wedding, lifetime milestone event, or other cultural or social event, conducted on preserved farmland on a commercial farm. Qualifying preserved farms are permitted to host a maximum of 26 SOEs annually, provided an application is submitted to the easement holder. In Cumberland County, the easement holder is either the Cumberland County Board of Commissioners or the State Agriculture Development Committee (SADC). Preserved farms seeking additional information are encouraged to review educational materials on the SADC Website.

Farms preserved using the County Program should complete and submit an application to the County.

Farms preserved through the state program should complete and submit the SADC Application to the State.

The State Agriculture Development Committee

The SADC is in, but not of, the Department of Agriculture.  Chaired by the Secretary of Agriculture, it consists of 11 members who represent the state and general public's agriculture, fiscal, community and environmental interests. 

The SADC leads in the preservation of New Jersey's farmland and promotes the exploration and coordination of innovative approaches to maintain the viability of the agricultural industry.

To that end, the SADC also administers the Right to Farm Program, which ensures that farm owners and operators receive the protection of the Right to Farm Act. In addition, the SADC provides grants for soil and water conservation and administers the Farm Link Program, which matches farm sellers with potential buyers. The SADC also provides staff support to the State Transfer of Development Rights Bank Board.

For more information on any of these programs, please call (609) 984-2504, e-mail heather.siessel@ag.nj.gov, or visit the SADC's website.