Bill
Bill > S1252
NJ S1252
NJ S1252Provides that solar and photovoltaic energy facilities and structures on farmland are not inherently beneficial use, per se, for purposes of zoning approvals.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill would provide that solar and photovoltaic energy facilities or structures would not be considered per se an inherently beneficial use for purposes of zoning approvals when such facilities or structures are on farmland. Under the "Municipal Land Use Law" (MLUL), P.L.1975, c.291 (C.40:55D-1 et seq.), if a use is held to be an "inherently beneficial use," it presumptively satisfies the positive criteria for the grant of a use variance under subsection d. of section 57 of the MLUL (C.40:55D-70), which is required when the proposed use is inconsistent with the zoning plan. The MLUL defines "inherently beneficial use" to expressly include certain enumerated uses; among them are solar and photovoltaic energy facilities or structures, regardless of the type of land on which they are located. This bill would provide that solar and photovoltaic energy facilities or structures that are on farmland would not be expressly included in the definition of an "inherently beneficial use." Farmland is defined in the bill to mean land actively devoted to agricultural or horticultural use that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (54:4-23.1 et seq.), or was so valued, assessed, and taxed at any time in the two tax years preceding the tax year of submittal of the application for development.
AI Summary
This bill amends the Municipal Land Use Law (MLUL) to clarify that solar and photovoltaic energy facilities or structures located on farmland are not automatically considered "inherently beneficial uses" for zoning approval purposes. Under the MLUL, an "inherently beneficial use" is a use that is generally considered valuable to the community and promotes the public good. Currently, the law includes solar and photovoltaic energy facilities as inherently beneficial uses, regardless of their location. This bill specifically excludes solar and photovoltaic energy facilities or structures when they are situated on farmland, which is defined as land actively used for agricultural or horticultural purposes and assessed and taxed under the Farmland Assessment Act of 1964. This change means that such facilities on farmland will no longer automatically satisfy the criteria for a use variance, which is a special permission required when a proposed use doesn't align with the local zoning plan.
Committee Categories
Agriculture and Natural Resources
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S1252 |
| BillText | https://pub.njleg.gov/Bills/2026/S1500/1252_I1.HTM |
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