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S 3418

Relates to building new one-family residential construction

2025 Regular Session Introduced by George Borrello

The law allows limited use of recently built permanent structures on preserved farmland for special occasion events, with strict documentation, annual reviews, and audits to protec

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Bill Summary · S 3418

Summary — S.3418 (P.L.2025, c.83)

Status: Enacted (P.L.2025, c.83). Introduced: June 10, 2024. Sponsor: Sen. James Beach (primary). Companion: A4556 / A7437.

Purpose / Intent

Amends the 2023 special-occasion-events law (P.L.2023, c.9; C.4:1C-32.15 et seq.) to allow limited use of recently constructed permanent structures on preserved farmland for special occasion events (SOEs). The bill seeks to expand agritourism and supplemental farm/winery revenue while preserving the primary agricultural purpose of preserved lands by establishing narrow exceptions, documentation requirements, and oversight tools.

Key provisions and changes

  • Narrow exception to five-year rule: A permanent structure constructed fewer than five years before a SOE application (previously barred from SOE use) may be used for SOEs only if one of two conditions is met:
    1. Winery primary-use exception — The structure was constructed and is used by a winery (as governed by the Right to Farm Act) primarily to facilitate tasting, sale, consumption, production, packaging, or marketing of wine, wine-related, or farm-related products, as determined by the grantee; or
    2. Revenue-limit exception — Total revenue from all SOEs approved on the farm in the calendar year will not exceed 10% of the farm’s total annual revenues.
  • Application and approval:
    • The farm owner/operator must obtain written approval from the grantee (the entity holding the development easement: SADC, county or municipal board, or qualifying nonprofit) before holding SOEs.
    • Applicants must certify and provide documentation supporting satisfaction of the winery primary‑use or 10% revenue test; grantees must confirm satisfactory evidence in approval notices.
    • If applicant is an operator (not owner), a notarized affidavit from the owner is required.
    • Grantees develop application processes and may approve on an annual basis (consistent with amendments adding annual review requirements in certain cases).
  • Compliance, limits and conditions (existing law retained and clarified):
    • SOEs limited to two consecutive calendar days if marketed as a single event.
    • Occupied area for SOE ≤ lesser of 10 acres or 10% of preserved farmland.
    • Tents/temporary structures permitted Apr 1–Nov 30 (must meet building/fire code).
    • No extension of gas/sewer lines for SOEs; electric and water allowed.
    • Municipal applications possible (fee cap $50) when local impacts are anticipated.
  • Oversight and audits:
    • County agriculture development boards or the State Agriculture Development Committee (SADC) may order independent CPA audits to verify compliance with the 10% revenue test; audit costs are borne by the farm; audit reports submitted to the board and committee.
    • Audits limited to once per year absent demonstrated good cause.
  • Enforcement: The enacted bill incorporates procedural safeguards (annual reviews, construction completion/final approvals before SOE approval for new structures, and audit authority) recommended by the Governor and SADC to ensure preserved farmland remains primarily used for agriculture.

Who is affected

  • Preserved-farmland owners/operators (especially wineries and farms using newer buildings)
  • Grantees holding development easements (SADC, county boards, municipalities, qualified nonprofits)
  • Municipalities for local permitting/inspection responsibilities
  • Local communities where preserved farms host SOEs

Timeline / Legislative action

  • Reported by Senate Economic Growth Committee with amendments: 12/12/2024
  • Passed both houses and amended with Governor’s recommendations: passed Senate 6/30/2025 (38–0), Assembly concurrence 6/30/2025
  • Approved and enacted as P.L.2025, c.83: July 1, 2025

Practical impact

The law permits limited, documented use of recently built permanent structures for SOEs—expanding agritourism and revenue opportunities for wineries/farms—while adding documentation, annual review, and audit mechanisms to protect the farmland‑preservation purpose and prevent construction solely intended for events.

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

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