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.
Brookline, MA
Brookline's General By-Laws and nuisance control provisions prohibit animals from creating persistent noise disturbances. Animal Control handles complaints a...
Brookline, MA
Brookline's Article 8.15 restricts construction noise activities on Saturdays, Sundays, and holidays to hours before 8:00 PM. Weekday construction hour limit...
Brookline, MA
Brookline regulates noise under General By-Laws Article 8.15 (Noise Control). The bylaw prohibits Noise Pollution, defined as sound exceeding the Background ...
Brookline, MA
Brookline prohibits parking for more than 2 hours on streets between 6 AM and 1 AM (Sunday/holiday exempt). Overnight parking of more than 1 hour is prohibit...
Brookline, MA
Brookline issues commercial parking permits for $600/year allowing parking on designated residential side streets within 1/4 mile of a commercial district. T...
Brookline, MA
Brookline residents may use private driveways for personal vehicles. The overnight street parking ban applies to those without off-street parking. Blocking a...
See how Brookline's agricultural zoning protection rules stack up against other locations.
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