N.J. Admin. Code § 2:76-2A.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 2:76-2A.10 - Agricultural management practice for equine activities on commercial farms

(a) This agricultural management practice sets forth standards for equine operations and activities, with which farm operations must be in compliance to receive the protections of the Right to Farm Act, 4:1C-1 et seq.

(b) As used in this section, the following words and terms shall have the following meanings:

"Drylot" means an area with less than 70 percent vegetative cover used for turnout of horses.

"Stocking rate" means the amount of land area allocated to each horse for a specific period of time.

"Turnout" means the practice of turning horses loose in an area for all or part of the day.

(c) The standards for farm stocking rates are as follows:

1. The following categories of horse management schemes shall constitute the basis for determining the stocking rate for an individual farm, as set forth in (c)2 through 3 below:

i. Pasture regime: Farms that use pasture as a substantial source of nutrition for horses and/or for regular turnout as the horses' primary source of exercise;

ii. Drylot regime: Farms that provide nutrition to horses primarily through purchased or farm-grown feed, and regularly turnout horses on a drylot; and

iii. No regular turnout regime: Farms that provide nutrition to horses solely with purchased or farm-grown feed and that utilize equitation programs for exercise instead of regular turnout.

2. The standards for pasture regime are as follows:

i. Where pasture provides a significant source of nutrition and exercise, at least 70 percent vegetative cover in the pasture shall be maintained by restricting the number of horses and time allowed for turnout, and through pasture management.

ii. Stocking rates for pasture regimes shall be determined on a case-by-case basis using the following factors:

(1) The size of the horse;

(2) The length of turnout time each day;

(3) The yield potential of the pasture;

(4) Pasture management (mowing, irrigating, fertilizing, seeding, and pasture rotation);

(5) Drainage;

(6) Soil type; and

(7) Weather conditions and season.

3. For drylot regime and no regular turnout regime, stocking rates for farms which utilize a drylot regime or no regular turnout regime shall be determined on a case-by-case basis by an evaluation of the farm's manure management and dust management practices, pursuant to (d) and (e) below.

(d) The standards for manure management are as follows:

1. General provisions concerning manure management are as follows:

i. Manure management includes the storage, removal, disposal and composting of manure generated on the farm.

ii. Manure management, including the siting and size of storage areas and composting facilities, shall comply with:

(1) All relevant State and Federal statutes, rules and regulations; and

(2) A farm conservation plan approved by the local soil conservation district pursuant to N.J.A.C. 2:90 and prepared in accordance with the Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ.

iii. Equine operations that are deemed concentrated animal feeding operations (CAFO), as defined in 7:14A-1.2, shall comply with all relevant State and Federal rules and regulations.

iv. The primary goal of manure management is to minimize odor at storage and application sites, as odors can never be completely eliminated.

2. The standards for manure disposal are as follows:

i. Manure may be disposed of by:

(1) Spreading on the farm;

(2) Removal for off-farm use; and/or

(3) Composting, in conformance with 2:76-2A.8.

ii. Manure shall be spread in accordance with relevant State and Federal rules and regulations, the NRCS FOTG, incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ, and the Penn State Agronomy Guide, 2007-2008, incorporated herein by reference, as amended and supplemented and available at http://agguide.agronomy.psu.edu/.

iii. The standards for short-term storage of manure are as follows:

(1) If a farm operator disposes of manure by selling or giving it away for off-farm use, he may store the manure for periods no longer than three months.

i. Storage for longer periods may be permitted based on weather conditions and cropping systems of the land where the manure is intended to be applied.

(2) Manure shall be stored in dumpsters or other receptacles and situated on a concrete pad or other surface that complies with NRCS recommendations based on the FOTG, incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ.

(3) Manure shall be kept as dry as possible to minimize the breeding of flies, vectors, and other fomites.

iv. The standards for long-term storage of manure are as follows:

(1) If a farmer stores manure for the purpose of holding it until he can spread it on his farm, the storage areas shall conform with the standards contained in the NRCS FOTG, incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ, or a farm conservation plan prepared in accordance with the NRCS FOTG and approved by the local soil conservation district pursuant to N.J.A.C. 2:90.

(2) Farmers shall make reasonable efforts to minimize the breeding of flies, vectors, and other fomites.

3. Manure storage and composting facilities, and dumpsters containing manure that is to be removed from the farm, shall be located at least 50 feet from property lines, 200 feet from residences on adjacent properties, and 100 feet away from waters of the State.

(e) The standards for riding and training areas are as follows:

1. Riding and training areas include, but are not limited to, indoor and outdoor arenas, racetracks, training tracks.

2. Riding and training areas shall be located in a well-drained area of the farm.

3. Arenas shall be maintained as follows:

i. Manure, shavings and straw shall not be placed in arenas, as these materials can increase the amount of dust in the arena and serve as a breeding area for flies, vectors, and other fomites.

ii. The arena surface, and the area immediately outside the arena, shall be maintained to prevent weeds, unmowed grass, and an accumulation of debris, which can impede the flow of rainwater out of the arena, and serve as habitat for insects and rodents.

4. Dust management requirements shall be as follows:

i. The goal of dust management shall be to minimize dust, as dust can never be completely eliminated.

ii. Farm operators shall take all reasonable and economically feasible measures to minimize dust production and dissemination, including, but not limited to, applying water, applying other recommended products in accordance with manufacturer guidelines, and establishing and maintaining vegetative buffers or windbreaks.

iii. Water application standards are as follows:

(1) Water is the most effective dust control and bonding agent in indoor and outdoor arenas.

(2) The frequency of watering shall depend upon weather conditions, the type of arena footing, and the intensity of arena use.

(3) Water shall be applied to riding and training areas and driveways in the evening, as it allows a deeper absorption of water, and less water is lost due to wind and evaporation.

(4) If dust is a persistent problem, water shall be applied additional times during the day.

iv. Waste oil shall not be used to control dust.

(f) Fencing standards are as follows:

1. Horse fences may be constructed and maintained around pastures, exercise areas, equine facilities, water bodies, and areas that can pose a danger to people or horses.

2. Fences shall be set back from property lines at a distance that is sufficient to:

i. Prevent horses from causing damage to trees and shrubs on neighboring properties;

ii. Facilitate fence repair;

iii. Facilitate mowing; and

iv. Prevent neighbors from having impermissible access to the horses.

3. For non-electric fences, the fence height shall not be less than four feet nor greater than eight feet.

4. The standards for fencing materials are as follows:

i. Fencing can be constructed of wood, wire mesh, high tensile wire, metal pipe, or other suitable material.

ii. If electric fences, tapes or wire are used, appropriate warning signs shall be posted to alert persons on the farm and on neighboring properties of the fence and its potential hazards.

iii. Barbed wire fencing is not recommended, but if used, risk to horses shall be minimized.

5. Fencing to control wildlife shall conform to 2:76-2A.9, Fencing installation agricultural management practice for wildlife control.

(g) If the Board or Committee determines that this section does not completely address an agricultural activity being considered for protection under the Right to Farm Act, 4:1C-1 et seq., the Board or Committee shall decide whether those aspects of the activity comply with generally accepted agricultural operations or practices.

N.J. Admin. Code § 2:76-2A.10

New Rule, R.2008 d.229, effective 8/4/2008.
See: 39 N.J.R. 2561(a), 40 N.J.R. 4503(a).
Section was "Reserved".