N.J. Admin. Code § 2:76-25.4 - Exemptions

(a) The following agricultural practices shall not constitute soil disturbance for purposes of determining compliance with the soil disturbance limitation set forth at N.J.A.C. 2:76-25.5, and shall be considered exempt agricultural practices:

1. Cranberry bogs/beds;

2. Deep tillage;

3. Preexisting open ditches, as reflected on the Nearmap Spring 2023 Vertical Imagery;

4. Preexisting agricultural water impoundments, as reflected on the Nearmap Spring 2023 Vertical Imagery;

5. Geotextile fields;

6. Hoophouses, including those placed on geotextile fields, without soil alteration, soil surfacing, or soil compaction;

7. Normal tillage;

8. Nominal smoothing;

9. Nominal tents;

10. On-farm utilities;

11. Organic mulch;

12. Rehabilitated soils;

13. Solar panels;

14. Storage of naturally derived materials produced on the premises, or required for use on the premises within a 12-month period, and which is not otherwise associated with soil alteration, soil surfacing, or soil compaction. "Naturally derived materials" include, but are not limited to, hay bales, lime, silage, compost, wood chips, and manure;

15. Temporary geomembranes;

16. Temporary ground protection mats;

17. Temporary movable structures;

18. Temporary parking areas;

19. Temporary storage areas;

20. Temporary tents;

21. Topsoil stockpiles;

22. Underground drainage systems;

23. Unimproved livestock areas; and

24. Unimproved travel lanes.

(b) Conservation practices meeting the criteria in this subsection shall not constitute soil disturbance for the purpose of determining compliance with the soil disturbance limitation set forth at N.J.A.C. 2:76-25.5, when the conservation practice:

1. Is required to address runoff or erosion resulting from normal tillage;

2. Is planned and installed in accordance with the planning criteria and conservation practice standards developed by the NRCS;

3. Has a positive conservation effect under section 5 of the FOTG for one or more of the following resource concerns:

i. Sheet and rill erosion;

ii. Wind erosion;

iii. Ephemeral gully erosion;

iv. Classic gully erosion;

v. Bank erosion from streams, shorelines, or water conveyance channels; or

vi. Compaction;

4. Is designed to minimize excavation, cuts, and fills;

5. Ensures that all topsoil shall be stripped and reapplied in accordance with the topsoil stockpiling standard at N.J.A.C. 2:76-25A.5;

6. Does not utilize suspended surfaces or ground-level surfaces and maintains minimum vegetative cover;

7. Is included in a farm conservation plan approved by the local soil conservation district and NRCS prior to installation;

8. Is installed under the supervision of a licensed professional engineer, the Committee, a technical service provider, or NRCS; and

9. Is subject to the submission of an as-built design certifying the conservation practice, as implemented, which meets or exceeds NRCS standards, and which is provided to the Committee and the grantee.

(c) A conservation practice may also be considered exempt, if the Committee finds that the water and erosion control measure meets the criteria at (b)2, 3, 4, 5, 7, 8, and 9 above, and is necessitated by factors beyond the control of the grantor including, but not limited to, natural weather conditions or drainage coming from off the premises, such as stormwater from public roads and/or adjacent properties.

(d) Conservation practices, including stormwater management facilities, required to address runoff or erosion resulting from soil disturbance activities or from exempt agricultural practices set forth at this section, excluding normal tillage, shall not be considered exempt from the soil disturbance limitations at N.J.A.C. 2.76-25.5.

(e) The Committee, on its own, or at the request of a grantor or grantee, may designate additional exempt agricultural practices by rule.

1. In considering the adoption of additional exempt agricultural practices, the Committee may consult with the following agencies, organizations, or persons:

i. The New Jersey Department of Agriculture;

ii. The New Jersey Agricultural Experiment Station, including appropriate county agents;

iii. County agriculture development boards;

iv. The State Soil Conservation Committee;

v. Any other states' departments of agriculture, land grant institutions, or agricultural experiment stations;

vi. The United States Department of Agriculture, or any other Federal governmental entity; or

vii. Any other organization or person that may provide expertise concerning the particular practice.

(f) Exempt agricultural practices shall not violate any other provision of the deed of easement.

(g) Soil disturbance created solely as a result of other property interests in the premises superior in title to the farmland preservation easement, such as utility easements and road rights-of-way, shall not constitute soil disturbance for the purposes of determining compliance with the soil disturbance limitations set forth at N.J.A.C. 2:76-25.5.

Notes

N.J. Admin. Code § 2:76-25.4

Adopted by 57 N.J.R. 345(a), effective 2/18/2025