Bill > S3419

Introduced Session

This bill would amend existing State law, at P.L.2023, c.9 (C.4:1C-32.15 et seq.), which authorizes the holding of certain limited special occasion events on preserved farms, in order to clarify the circumstances under which certain newly constructed or erected permanent structures may be used for such special occasion events. The law currently prohibits any new, permanent structures from being constructed or erected on preserved farmland for the purpose of holding a special occasion event thereon, and it further prohibits the improvement of any existing structures, for such purposes, except when such improvements are limited to the minimum required for the protection of health and safety. This bill would establish a limited exception to these general statutory prohibitions, which would authorize certain new and permanent structures, currently existing or proposed to be newly constructed or erected on a preserved farm, to be used for the purposes of holding special occasion events thereon. Specifically, the bill would provide that, commencing on its effective date and retroactive to February 3, 2023 (i.e., the effective date of P.L.2023, c.9 (C.4:1C-32.15 et seq.)), any new and permanent structure existing, or proposed to be newly constructed or erected on, preserved farmland, may be used for the purposes of holding special occasion events thereon, provided that: (1) the new and permanent structure either: was constructed or erected on or after the February 3, 2023 effective date of P.L.2023, c.9 (C.4:1C-32.15 et seq.) and within the 24-month period immediately preceding submission of the application; or will be constructed or erected in the same calendar year in which, but prior to the date on which, the special occasion events necessitating the use thereof are approved to be held; (2) the construction or erection of the new and permanent structure is or was demonstrably necessary both: to effectuate the applicant's functional ability to hold special occasion events on the preserved farm, in accordance with existing law; and to prepare or rehabilitate the grounds, on the farm, which are to be used for special occasion event purposes; (3) the new and permanent structure is not solely functional or formally designated as an entertainment or events venue and has a primary farm-related function other than serving as a space for the holding of special occasion events; and (4) the new and permanent structure satisfies all siting and construction requirements applicable to the construction of facilities and buildings on preserved farmland. The farm owner or operator would be required, in the application to the grantee submitted pursuant to the law, to certify and provide supporting documentation to establish that any such new and permanent structure meets the standards established by the bill.

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Jim Beach (D)*, 

Introduced in the Senate, Referred to Senate Economic Growth Committee (on 06/10/2024)

Official Document