Product No.: 11048
Date Published: 04/2011
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This publication assesses the planning and legal circumstances of adopting agricultural zoning to protect a municipality’s agricultural industry and its preserved farms. An overview of farmland preservation efforts made by East Windsor Township in Mercer County, New Jersey, is presented. The degree of the township’s vulnerability to legal challenge, if East Windsor decides to rezone its agricultural preservation area, is examined fully, with the evaluation including discussion of key issues in downzoning controversies and necessary planning requirements as a basis for downzoning. Two New Jersey court cases – New Jersey Farm Bureau v. Township of East Amwell and Bailes v. Township of East Brunswick are summarized and analyzed in detail and lessons are drawn from their differing outcomes upon appeal. Specific recommendations are made that will reduce the threat of legal challenge or the cost of defending such a challenge in East Windsor Township, drawing upon the guidance of the lead attorney for the East Amwell case. Other recommendations are made about strengthening the understanding of farm value for the community and involving farmers in economic planning for the township.Geographic Area Covered: East Windsor Township, Mercer County, New Jersey
Key Words: Agriculture, agricultural zoning, Bailes v. Township of East Brunswick, conservation, downzoning, East Windsor Township, environment, farming industry, farmland, farmland preservation, land preservation, master planning, Mercer County, municipal planning, New Jersey Farm Bureau v. Township of East Amwell.
Staff Contact(s)
- Patricia L. Elkis, PP, AICP (pelkis@dvrpc.org)
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