Bill
Bill > A4033
NJ A4033
NJ A4033Expands definition of "qualifying land" to include certain deeds of easement excluding certain portions of farm from preservation.
summary
Introduced
02/12/2026
02/12/2026
In Committee
02/12/2026
02/12/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill amends the definition of "qualifying land" under P.L.2005, c.314 (C.4:1C-32.1 et seq.) to include farms on which a portion of the farm was excluded from preservation in the deed of easement due to encroachment of neighboring property or an area of clouded title, or for the purposes or benefit of a third party other than the landowner, including purposes or benefits such as a road right-of-way, or utility easement. For example, if a portion of a preserved farm is excluded from preservation because the farm behind the preserved farm requires the deed of easement to have an access road through the preserved farm, which the owner of the preserved farm does not require, the owner of the portion of the preserved farm on which the deed of easement is imposed for this reason should not be disqualified from applying for a special permit for a rural microenterprise activity. A rural microenterprise, by definition under the law, is a small-scale business or activity that: (1) is fully compatible with agricultural use and production on the premises; (2) does not, at any time, detract from, diminish, or interfere with the agricultural use of the premises; and (3) is incidental to the agricultural use of the premises. Being able to operate a rural microenterprise is crucial for many farmers who are struggling to keep their farming operations viable in a challenging economy.
AI Summary
This bill expands the definition of "qualifying land" for farmers seeking to operate a rural microenterprise, which is a small business compatible with and incidental to farming that doesn't interfere with agricultural use. Previously, if any part of a farm was excluded from preservation in a deed of easement, the entire farm might be disqualified from this special permit. Now, farms will still qualify if a portion was excluded from preservation due to issues like neighboring property encroachment or title problems, or if it was excluded for the benefit of a third party, such as for a road or utility easement. This change is important because it allows more farmers, who may be struggling financially, to diversify their income by operating these small businesses on their land without losing their eligibility for permits.
Committee Categories
Agriculture and Natural Resources
Sponsors (1)
Last Action
Introduced, Referred to Assembly Agriculture and Natural Resources Committee (on 02/12/2026)
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/A4033 |
| BillText | https://pub.njleg.gov/Bills/2026/A4500/4033_I1.HTM |
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