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.
Boston, MA
Boston has no general ordinance restricting lawn ornaments, statues, or yard decorations on private residential property. Decorations must stay within proper...
Boston, MA
Boston has no specific ordinance regulating inflatable holiday displays on private residential property. Inflatables must not encroach on sidewalks, block pu...
Boston, MA
Boston does not have a dedicated ordinance regulating holiday lighting on private residential property. General nuisance, electrical safety, and historic dis...
Boston, MA
Permanent outdoor kitchens in Boston require Inspectional Services Department permits when they include gas, plumbing, electrical, or structural work. Built-...
Boston, MA
Boston treats smokers and solid-fuel grills (wood, pellet, charcoal) the same as charcoal grills under Massachusetts Fire Code 527 CMR 1.00. Use on balconies...
Boston, MA
Boston's Fire Prevention Code (527 CMR 1.00, Massachusetts Comprehensive Fire Safety Code) prohibits the use or storage of LP-gas grills and propane cylinder...
See how Boston's agricultural zoning protection rules stack up against other locations.
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