CRANBURY, N.J. — The U.S. Department of Agriculture has issued a formal warning to the Cranbury Township Council, urging officials to delay action on a proposed plan to seize and redevelop a 21-acre property that has been farmed continuously for over 175 years.
In a letter sent Wednesday, USDA Secretary Brooke Rollins said the property, currently owned by local resident Andy Henry and his family, contains “prime farmland soils” and falls under protections provided by the Farmland Protection Policy Act. The USDA’s Natural Resources Conservation Service (NRCS) has completed an evaluation confirming the land’s designation as federally protected agricultural soil.
“Let me be clear: advancing this project without complying with federal farmland protection requirements could place your township—and any funding partners—in violation of federal law,” Rollins wrote in the letter addressed to the township council.
The USDA is currently investigating whether the redevelopment effort involves federal funds, including those administered by the U.S. Department of Housing and Urban Development (HUD) through the State of New Jersey. If federal funding is implicated, the township must submit a completed Farmland Conversion Impact Rating Form (AD-1006) to the NRCS before taking any action on the project. The USDA noted no such form has yet been submitted.
Rollins emphasized that failure to comply with the FPPA could result in enforcement measures, including the potential freezing or clawback of federal funds and disqualification from future federal assistance.
Federal protections triggered by soil designation
The USDA letter came a day before Rollins posted publicly on social media, reinforcing her department’s position and calling the land “100% prime farmland.” She added, “If federal funds are involved, this project and seizure plan is out of compliance with the law.”
The FPPA, cited in the letter, mandates that federally funded projects avoid converting prime farmland when possible. The law is triggered by specific soil designations like the one USDA assigned to the Henry property. Such a designation requires the local government to demonstrate that no viable alternative exists to taking protected farmland before any action can proceed.
The letter raises concerns that if the township acts before completing the proper federal procedures, any financial partners in the project could also face legal and financial consequences.
The 21-acre tract has been held by the Henry family for generations and is located in an area of Middlesex County known for its agricultural history. The specific purpose of the proposed redevelopment has been to build high-density affordable housing at the site.
USDA calls for delay pending compliance
“We respectfully urge you to defer action on this matter until USDA has completed its funding source review and full FPPA compliance has been documented,” the letter concluded.
The Cranbury Township Council has not issued a public response to the USDA’s warning as of Friday morning.