New Jersey Assembly Bill A2742

New Jersey 2022-2023 Regular Session

• Introduced: 2/14/22
• Refer: 2/14/22

Caption

Authorizes subdivision of certain preserved farms into smaller preserved farms under certain circumstances.

Impact

This bill amends existing laws, particularly those regarding farmland preservation, to enable the subdivision of preserved farms, provided that these subdivisions are compliant with agricultural viability standards. It includes a requirement that parcels maintain their designation in the farmland preservation program and that agricultural deed restrictions remain attached to the land. This legislative adjustment is aimed at enhancing the flexibility of land use within preserved farmlands while ensuring continued agricultural productivity.

Summary

Assembly Bill A2742 is proposed legislation in New Jersey that authorizes the subdivision of certain preserved farms into smaller parcels under specific conditions. The bill permits landowners whose properties have development easements held by the State Agriculture Development Committee (SADC) to subdivide their land, allowing for the sale or conveyance of the subdivided parcels. It ensures that such subdivisions maintain agriculturally viable characteristics, thereby supporting ongoing agricultural use and preventing the land from being repurposed for non-agricultural development.

Contention

Notably, there are concerns regarding potential conflicts between state regulations and local municipal authorities when it comes to property subdivision approvals. Critics argue that the bill could weaken local control over land use decisions, as the SADC’s authority over these preserved lands may overshadow local governance, potentially leading to disputes on how preserved lands can be developed or subdivided. Additionally, some stakeholders may be apprehensive that increased subdividing could lead to a dilution of the overarching goals of farmland preservation.

Implementation

The provisions of A2742 allow subdivided parcels to be sold again or further subdivided, as long as they comply with the requirements of the farmland preservation program. The SADC has the authority to impose restrictions on these activities for a limited duration of up to five years post-acquisition of the subdivided land. This structured approach aims to ensure that the agricultural integrity of these lands is upheld while providing some business flexibility for landowners.