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.
Bourne, MA
Bourne follows Massachusetts state law (MGL Chapter 48, Section 13) — open-air fires require a permit from the Bourne Fire Chief and may only be set between ...
Barnstable County, MA
Massachusetts is the only U.S. state with a complete ban on consumer fireworks. Under MGL Chapter 148, Section 39, no person may sell, possess, or use any fi...
Barnstable County, MA
Barnstable County (Cape Cod) does NOT issue short-term rental permits or licenses. Under the Massachusetts Constitution, the Home Rule Amendment (Article 89)...
Barnstable County, MA
Barnstable County (Cape Cod) is a low-lying coastal peninsula with extensive Atlantic, Cape Cod Bay, and Nantucket/Vineyard Sound exposure to V/VE wave-actio...
Barnstable County, MA
Barnstable County (Cape Cod) does not enforce its own pool barrier ordinance; pool fencing across the county's 15 towns (Barnstable, Bourne, Brewster, Chatha...
Barnstable County, MA
Barnstable County does not regulate accessory dwelling units (ADUs) at the county level. Massachusetts is a home-rule state under Article 89 of the Massachus...
See how Bourne's agricultural zoning protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.