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.
Brockton, MA
Brockton enforces a Noise Control Ordinance that prohibits excessive noise disturbing the peace and quiet of residents. Nighttime noise restrictions are stri...
Brockton, MA
Brockton's Noise Control Ordinance addresses construction noise. Construction is generally permitted during daytime hours on weekdays and Saturdays, with res...
Brockton, MA
Brockton's Noise Control Ordinance specifically addresses animal and bird noises. Persistent barking dogs that disturb neighbors are considered a nuisance un...
Brockton, MA
Brockton requires driveways to be properly constructed and maintained. Parking on unpaved front yard areas is prohibited under the property maintenance code.
Brockton, MA
Brockton regulates street parking with time limits, overnight restrictions, and winter snow emergency parking bans. The city enforces parking through the Pol...
Brockton, MA
Brockton restricts parking of large commercial vehicles in residential areas. Heavy trucks and equipment must be stored at appropriately zoned locations.
See how Brockton's agricultural zoning protection rules stack up against other locations.
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