Model Right to Farm By-Law

Scott Soares
MA Dept. of Agricultural Resources
251 Causeway St., Suite 500
Boston, MA 02114
617-626-1772
scott.soares@state.ma.us

Model Right to Farm By-Law

July 2005

Dear Friends:

Farming in Massachusetts is a very challenging lifestyle! Success is dependant upon the weather, markets, land prices, and the ability to employ generally accepted farming practices without hindrance. All too often, concerned citizens, or well-intentioned local officials challenge a farm activity, and the need to defend the farm practices in itself is disheartening to a farmer.

In an effort to create public awareness relative to the needs of Massachusetts agriculturalists to function effectively in an increasingly suburbanized environment, the Department of Agricultural Resources has worked cooperatively with the Municipal Unit of the Massachusetts Attorney General's office to develop a model: Right to Farm" bylaw or ordinance for consideration by cities and towns.

The model bylaw contains several important components that will support the future of agricultural in Massachusetts, including:

A restatement of the protections afforded agricultural activities through the General Laws and Constitution of Massachusetts
A notification requirement so that new property owners and residents are made aware of these "Right to Farm" protections on an annual basis; and
A fining provision to ensure such notification takes place

To date, 23 Massachusetts cities and towns have adopted some adaptation of the model bylaw, and many more are exploring this possible action. We stand ready to assist any municipality interested in such action, in order that changes to the model contemplated by any municipality remain consistent with state law.

Please review the model bylaw provided. We look forward to working with you to advance the future of Massachusetts agriculture.

Sincerely,

Douglas P. Gillespie
Commissioner