A New Way of Diversifying Income on Preserved Farms

By Nicole L. Voigt, Esq., Attorney at Law

Preserved Farm Venues

Special occasion events, such as weddings and social events, may be hosted on New Jersey commercial farms as of February 3, 2023, if the farm is enrolled in the State Agriculture Development Committee’s farmland preservation program, meets certain thresholds for agricultural production, and obtains approval via an application process. This new law is intended to allow preserved farm owners to diversify their income by hosting special occasion events, which were previously not permitted.

What is a Special Occasion Event?

A “special occasion event” means a wedding, lifetime milestone event, or other cultural or social event conducted, in whole or in part, on preserved farmland on a commercial farm. These are different from private and public marketing events, which are protected under the Right to Farm Act. Marketing events permitted under the Right to Farm Act must meet certain standards that are not applicable to special occasion events. Marketing events which are eligible for Right to Farm Protection may be approved using a different process than the special occasion events application. The bottom line is that eligible commercial farms with a special occasion event approval may charge venue fees and do not need to market or sell farm products at the event.

Requirements of Special Occasion Events

The law sets forth various permissions and restrictions for special occasion events, which must be carefully reviewed prior to applying. For example, the farm must produce agricultural or horticultural products worth at least $10,000.00, annually. Up to 10 acres or 10% of the farm, whichever is less, may be used as the “occupied area” in which the special occasion event will occur. Existing buildings or tents may be used for hosting special occasion events. New structures may not be constructed for the purpose of hosting special occasion events. Most importantly, the use of the farm for special occasion events cannot interfere with the agricultural use of the preserved farm beyond minimal effects. These are only some of the requirements and restrictions.

Applications are made to either the County Agricultural Development Board or the State Agriculture Development Committee. Applications will not be approved if the farm is out of compliance with the requirements of its farmland preservation deed of easement. Applications must be made at least annually, and an annual certification must be provided after approval. In some cases, a simple application to the municipality in which the preserved farm is located must also be submitted so that the municipality may provide input. Jurisdiction over enforcement of a special occasion event approval lies with the State Agriculture Development Committee, which has not yet adopted regulations for special occasion events. Although an approval may be obtained without adoption of such regulations, farmers should be aware that regulations, once adopted, may apply to their events. However, because an agency may not change statutory law through regulations, seeking approvals prior to adoption of regulations is reasonable.

Work with a New Jersey Farm Attorney

Attorney Nicole Voigt is experienced in working with legal issues pertaining to preserved farmland, including working with the special occasion events law and applications. Ms. Voigt recommends using an experienced New Jersey farm attorney to carefully navigate the various requirements and standards involved in protected farming activities, special occasion events, and general compliance with farm preservation deeds of easement. While the special occasion event application process is intended to be a relatively simple one, the various considerations of owning or operating a preserved farm may become legally complex. Proper approvals should be in place and understood before contractually committing to host special occasion events. Various concerns, such as insurance and liability protections, should also be reviewed with legal counsel. Attorney Nicole Voigt provides representation to farmers throughout the State of New Jersey and can help navigate the special occasion event planning, application, and compliance processes.

THE INFORMATION CONTAINED HEREIN IS GENERAL INFORMATION, IS NOT LEGAL ADVICE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. YOUR SPECIFIC FACTS AND CIRCUMSTANCES MUST BE CAREFULLY REVIWED WITH A RETAINED ATTORNEY PRIOR TO REACHING LEGAL CONCLUSIONS.

You may contact Nicole at (908)801-5434 or info@nlvlegal.com. For more information, visit www.voigtlawoffice.com.