Overview
A Private APR is an Agricultural Preservation Restriction in which the primary holder (and/or co-holder if applicable) are entities other than the Massachusetts Department of Agricultural Resources (“MDAR”).
APRs, as defined in Sections 31-33 of Chapter 184 of the Massachusetts General Laws, are permanent restrictions that require the approval “in the public interest” of the Commissioner of the Massachusetts Department of Agricultural Resources (MDAR). MDAR manages all reviews for APRs that will be held by charitable corporations/trusts, or municipalities.
An APR is defined by MGL Chapter184 Section 31 as “a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land appropriate to retaining land or water areas predominately in their agricultural farming or forest use, to forbid or limit any or all (a) construction or placing of buildings except for those used for agricultural purposes or for dwellings used for family living by the land owner, his immediate family or employees; (b) excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land's overall future agricultural potential; and (c) other acts or uses detrimental to such retention of the land for agricultural use. Such agricultural preservation restrictions shall be in perpetuity except as released under the provisions of section thirty-two. All other customary rights and privileges of ownership shall be retained by the owner including the right to privacy and to carry out all regular farming practices.”
Important Considerations
- Private Agricultural Preservation Restrictions (APRs) may be granted by public or private landowners to qualified organizations. The landowner granting the APR is the “Grantor”.
- Organizations qualified to hold Private APRs (the “Grantee”) include governmental units (e.g., Conservation Commissions, Conservation Districts, or Water Supply Divisions) and non-profit organizations whose purposes include the conservation of land or water (e.g., a land trust/conservancy or similar organization). APRs may be “co-held” by more than one grantee.
- The Grantor and Grantee may not be the same entity, nor may they be divisions of the same entity (e.g., a Select Board and Conservation Commission of the same town).
To Submit a Private APR For Review
- Download and complete the submission form (link below) and review guidance materials on this website.
- E-mail Section 1 of the submission form to ronald.hall@mass.gov
- Once your complete submission is received, we will email an acknowledgement.
Resources
Additional Resources and Events
Meetings and Events
Webinar - Introduction to the Private APR Process for protecting farmland in Massachusetts
Friday, November 14, 2025, 12:00pm – 1:30pm, via Teams
MDAR is hosting a webinar introduction to the new Private APR Guidance and related process. Private APRs are an important tool for protecting agricultural land. A Private APR is an Agricultural Preservation Restriction where the easement/restriction is held by (or co-held by) an entity other than MDAR. MDAR has updated its guidance on Private APRs.
The new private APR guidance has been developed to better inform partners about MDAR’s process on approving private APRs. The March 2025 update adds details on minimum size required for eligibility, clarifies that commercial forestry operations are eligible for protection and other information to address questions raised by MDAR staff and partners over the last few years.
This webinar will explain how Private APRs differ from other farmland protection tools, share stories of successful Private APRs, walk through the process and discuss next steps. There will be time for questions and answers.
This webinar is oriented towards land trusts, municipalities and other organizations with existing experience in land preservation.