Pursuant to N.J.A.C. 4:1C-9, notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm is permitted to conduct agricultural activities listed in the Act, provided that the farm meets the following eligibility criteria:
- the farm is located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or the farm is in operation as of July 2, 1998;
- the commercial farm operation conforms to agricultural management practices recommended by the SADC and adopted pursuant to the provisions of the Administrative Procedure Act, or the specific commercial farm operation has been determined to constitute a generally accepted agricultural operation or practice by the appropriate County Agriculture Development Board (CADB), or by the SADC, in a county where no county board exists; and
- the commercial farm operation is in conformance with all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and does not pose a direct threat to public health and safety.