Massachusetts protects agricultural land use through MGL Chapter 40A Section 3, exempting agriculture, horticulture, and floriculture from most local zoning restrictions on parcels of five acres or more.
MGL Chapter 40A Section 3 limits municipal zoning authority over agricultural activities. The provision states no zoning ordinance or bylaw shall regulate or restrict agricultural use of land for primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture, or viticulture on parcels of more than five acres, or two acres if generating gross sales exceeding $1,000 per acre. Cities may still apply reasonable zoning to farm structures and signs but cannot prohibit agricultural use itself. The Chapter 61A current-use tax program provides additional incentives for keeping land in active agricultural use.
Local zoning ordinances purporting to ban protected agriculture on qualifying parcels are unenforceable and may be voided in court with potential attorney fee awards.
Norfolk County, MA
Norfolk County does not regulate amplified music. Each municipality requires entertainment licenses or one-day amplified sound permits under MGL c. 140 §183A...
Norfolk County, MA
Norfolk County does not handle abandoned vehicles. MGL c. 90B §2 allows police to remove abandoned vehicles after 72 hours. Quincy, Brookline, and Weymouth t...
Norfolk County, MA
Norfolk County does not regulate chickens or livestock. Each town sets its own rules via zoning and board of health regulations. Suburban towns often restric...
Bellingham, MA
Bellingham follows the Massachusetts state framework for residential fire pits: cooking-only fire pits and grills are exempt from open-burning rules, but any...
Bellingham, MA
Bellingham allows residential open burning only during the Massachusetts state burn season — January 15 through May 1 — with a daily permit from the Bellingh...
Norfolk County, MA
Brookline enacted the first MA town-wide ban on new artificial turf on town property (2023 Town Meeting Art. 14). Other Norfolk County towns allow turf resid...
See how Bellingham's agricultural zoning protection rules stack up against other locations.
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