N.J. Stat. § 13:8C-37: Use of funds appropriated for farmland preservation.

37. a. Moneys appropriated from the Garden State Farmland Preservation Trust Fund to the State Agriculture Development Committee for farmland preservation purposes shall be used by the committee to:

(1) provide grants to local government units to pay up to 80 percent of the cost of acquisition of development easements on farmland, plus administrative expenses, and to qualifying tax-exempt nonprofit organizations to pay up to 50 percent of the cost of acquisition of development easements on farmland as provided in section 39 of P.L.1999, c.152 (C.13:8C-39), or to provide grants to local government units or qualifying tax-exempt nonprofit organizations to pay up to 80 percent of the cost of acquisition of development easements on woodlands, as provided in section 1 of P.L.2025, c.287 (C.4:1C-37a), plus administrative expenses. Any funds received for the transfer of a development easement shall be dedicated to the future purchase of development easements on farmland, and the State’s pro-rata share of any such funds shall be deposited in the Garden State Farmland Preservation Trust Fund to be used for the purposes of that fund, provided that the terms of any such development easement to be acquired by a qualifying tax-exempt nonprofit organization shall be approved by the committee;

(2) provide grants to local government units to pay up to 80 percent of the cost of acquisition of fee simple titles to farmland from willing sellers only, plus administrative expenses, and to qualifying tax-exempt nonprofit organizations to pay up to 50 percent of the cost of acquisition of fee simple titles to farmland from willing sellers only as provided in section 39 of P.L.1999, c.152 (C.13:8C-39), plus administrative expenses, which shall be offered for resale or lease with agricultural deed restrictions, as determined by the committee. Any proceeds received from a resale shall be dedicated for farmland preservation purposes, and the State’s pro-rata share of any such proceeds shall be deposited in the Garden State Farmland Preservation Trust Fund to be used for the purposes of that fund;

(3) pay the cost of acquisition by the State of development easements on farmland, or on woodlands, as provided in section 1 of P.L.2025, c.287 (C.4:1C-37a), provided that any funds received for the transfer of a development easement shall be deposited in the Garden State Farmland Preservation Trust Fund to be used for the purposes of that fund; and

(4) pay the cost of acquisition by the State of fee simple titles to farmland from willing sellers only, which shall be offered for resale or lease with agricultural deed restrictions, as determined by the committee, and any proceeds received from a resale or lease shall be deposited in the Garden State Farmland Preservation Trust Fund to be used for the purposes of that fund.

b. Moneys appropriated from the fund may be used to match grants, contributions, donations, or reimbursements from federal aid programs or from other public or private sources established for the same or similar purposes as the fund.

c. As used in this section, “administrative expenses” means the labor costs, not to exceed three percent of the value of the development easement or fee simple title, as applicable, of the property, incurred by a local government unit or qualifying tax-exempt nonprofit organization in organizing, negotiating, and administering the purchase of a development easement or fee simple title on farmland, including, but not limited to, outreach to potential program participants, negotiating with landowners, site visits, and document preparation, as such labor costs are reported to, and confirmed applicable and reasonable by, the State Agriculture Development Committee. This subsection shall not be construed to limit the authority of the committee to provide for the costs of acquisition pursuant to subsection a. of this section.

L.1999,c.152,s.37; amended 2025, c.287, s.3; 2025, c.385, s.2.