NJ S3662

Commercial farmers who successfully defend against complaints under the "Right to Farm Act" may be awarded reasonable costs and attorney fees if the complaint is determined to have been brought in bad faith

Recovery requires two findings: the farmer must be entitled to the irrebuttable presumption under the Right to Farm Act, and a preponderance of evidence must show the complaint was filed in bad faith

Farmers seeking cost recovery must submit an application to the county agriculture development board or State Agriculture Development Committee detailing their defense expenses

The county board or committee determines whether the costs and attorney fees are reasonable and issues an order requiring the bad faith complainant to pay

The bill supplements existing Right to Farm Act protections, which shield commercial agricultural operations from nuisance claims when they conform to approved agricultural management practices