New Jersey Statutes 4:1C-10a. Shellfish commercial farm, public health, safety, nuisance, presumption against
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Terms Used In New Jersey Statutes 4:1C-10a
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
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.