New Jersey Farmland Preservation Program – Sale of Development Easements

Through the Farmland Preservation Program, landowners who want to continue farming can sell their development easements — selling the rights to develop the land for anything other than agriculture while retaining ownership. The deed restrictions run with the land in perpetuity. Administered by the State Agriculture Development Committee (SADC), which coordinates with County Agriculture Development Boards, municipalities, and nonprofits. Participants may also apply for cost-sharing grants for soil-and-water conservation projects.

Land is eligible if it meets the SADC's minimum criteria, qualifies for farmland tax assessment, and is part of an agricultural development area. For lands greater than 10 acres, at least 50% of the land or a minimum of 25 acres (whichever is less) must be tillable with soils that support agricultural production; for lands 10 acres or less, the land must produce at least $2,500 in agricultural products annually and be at least 75% tillable (or a 5-acre minimum). The municipal zoning must allow additional development for the appraisal.

The sale price is based on the difference between what a developer would pay for the land and what it is worth for agriculture. Preserved farms are permanently protected for agricultural use; deed restrictions run with the land and bind future owners. Landowners may still sell their land at any time. The public has no right to access a deed-restricted farm without the landowner's consent.

Most applications start with the County Agriculture Development Board, which reviews, approves, and forwards them to the SADC. The easement value is established through two independent appraisals; once a value is agreed upon and the application approved, the sale proceeds.