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S 3662

Allows commercial farmer to be awarded reasonable costs and attorney fees for defending against bad faith complaints under "Right to Farm Act".

2024-2025 Regular Session Introduced by Angela McKnight and 3 co-sponsors

Allows a prevailing commercial farmer under the Right to Farm Act to recover reasonable costs and attorney fees when a nuisance complaint is found to be filed in bad faith.

Substituted by A4603
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Bill Summary · S 3662

Summary — S 3662 (2025)

Title: Allows commercial farmer to be awarded reasonable costs and attorney fees for defending against bad‑faith complaints under the "Right to Farm Act"
Status: Substituted by A4603 (6/30/2025)
Introduced: January 29, 2025
Primary sponsor: Sen. Brad Hoylman‑Sigal; cosponsor: Sen. Julia Salazar
Subject: Agriculture

Purpose / Intent

S 3662 strengthens protections for commercial agricultural operations under New Jersey’s Right to Farm Act by permitting a prevailing farmer to recover reasonable defense costs and attorney fees when a complaint challenging the farm is found to have been brought in bad faith.

Key provisions

  • Adds a remedy to the Right to Farm Act (P.L.1983, c.31) and related procedures (P.L.1998, c.48):
    • A respondent (commercial farmer) who prevails because the operation is found entitled to the Act’s irrebuttable presumption may be awarded reasonable costs and attorney fees.
    • Recovery is ordered only when the county agriculture development board or the State Agriculture Development Committee (SADC), as applicable, determines by a preponderance of the evidence that the complaint was brought in bad faith.
  • Procedure:
    • The prevailing respondent must submit an application to the county board or the SADC detailing incurred costs and attorney fees.
    • The county board or SADC reviews whether the complaint was brought in bad faith and whether the requested costs/fees (or a portion) are reasonable; if so, it issues an order requiring the complainant to pay.
  • Effective date: the act takes effect immediately upon enactment.

Relevant legal standard / background

  • The irrebuttable presumption under the Right to Farm Act shields commercial agricultural operations (or specific accepted practices) from nuisance claims when:
    1. The operation conforms to SADC‑recommended agricultural management practices or has been determined to be a generally accepted agricultural operation/practice by the county board or SADC; and
    2. The operation complies with applicable federal and State statutes/regulations and does not pose a direct threat to public health and safety.

Who is affected

  • Beneficiaries: commercial farmers and agricultural operations who successfully invoke the Right to Farm Act protections.
  • Others affected: persons or entities filing complaints (private citizens, municipalities, neighboring landowners) who could be required to pay costs if their complaint is found to be in bad faith; county agriculture development boards and SADC (administrative review and fee‑award determinations).

Procedural / legislative timeline

  • Referred to Transportation (1/29/2025); amended/recommitted and printed as 3662A (2/6/2025).
  • Reported favorably by the Senate Economic Growth Committee (6/12/2025).
  • Substituted by Assembly Bill A4603 (6/30/2025); S 3662 is therefore no longer the active vehicle, but A4603 is the companion/enacting measure to track.

Potential impacts (practical)

  • Likely to deter frivolous or bad‑faith nuisance complaints against farms by creating a financial risk for complainants.
  • Provides a cost‑recovery mechanism that may reduce the legal exposure of farmers.
  • Relies on administrative determinations (preponderance standard) by county boards or SADC; does not specify capped dollar amounts.

Compiled from official sources — confirm details with the bill’s official record.

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