Legislation Permits Renewable Energy Facilities on Preserved Farmland

July 28th, 2010 | Posted by: Christopher DeGrezia 1| comments:

Agricultural PictureBy Joseph J. Whitney, Esq.

On January 16, 2010, the New Jersey legislature adopted a bundle of laws to promote renewable energy development in New Jersey.  Among the laws adopted was an amendment to the Agricultural Retention and Development Act (the “Act”) to permit the installation and operation of biomass, solar or wind energy generation facilities on preserved farmland.  A preserved farmland is a farm in which the landowner has conveyed a development easement to the State Agricultural Development Committee (“SADC”) or other governmental instrumentality, such as a county, or to a private not-for-profit entity, such as a land trust.  By conveying a development easement to the SADC or such other entity, the landowner covenants that the preserved farm will only be used for agricultural purposes.  This restriction runs with the land and is binding on all future owners of the property. » Read the rest of this entry «

New Legislation Allows Wind and Solar Facilities in Industrial Zones

April 9th, 2009 | Posted by: Christopher DeGrezia 0| comments:

Wind PowerThe Legislature has adopted a Bill (A 2550/ S 1299) that permits certain renewable energy facilities in areas zoned for industrial use.  A “renewable energy facility” is defined as a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies or wind energy. Specifically, the Bill provides that a renewable energy facility is deemed to be a permitted use in industrial districts on land comprising 20 or more contiguous acres.  Click here to view the Pamphlet Law.

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