4:1C-10a Shellfish commercial farm, public health, safety, nuisance, presumption against.
159 words·~1 min read·
/nj/title-4/chapter-1c/4-1c-10aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
4. In all relevant actions filed subsequent to the effective date of P.L.2023, c.20 (C.4:1C-3.2 et al.), there shall exist an irrebuttable presumption that a shellfish commercial farm's operation, activity, or structure does not pose a direct threat to public health and safety, does not constitute a public or private nuisance, and does not otherwise invade or interfere with the use and enjoyment of any other land or property, provided that the operation, activity, or structure: conforms either to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or to a specific operation or practice that has been determined by the appropriate county board, or by the committee in a county where no county board exists, to constitute a generally accepted agricultural operation or practice; and additionally conforms to all relevant federal or State statutes and rules and regulations adopted pursuant thereto.
L.2023, c.20, s.4.