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.
Middlesex County, MA
Middlesex County has no operational county government - it was abolished July 11, 1997 under M.G.L. c. 34B - so there is no countywide noise ordinance. Massa...
Middlesex County, MA
Middlesex County treats persistent barking as a nuisance. Animal control handles complaints. Dog licensing required statewide (MGL c.140 §155).
Middlesex County, MA
Middlesex County has no unified leaf blower ordinance. Regulations are set by individual cities and towns such as Cambridge, Newton, Arlington, and Lexington...
Middlesex County, MA
Middlesex County restricts commercial vehicle parking in residential zones. Weight and size limits apply. Overnight storage of heavy trucks prohibited.
Middlesex County, MA
Driveway rules are set by each Middlesex County city or town zoning bylaw. Cambridge, Somerville, Lowell, and Framingham regulate curb cuts, width, paving, a...
Middlesex County, MA
Winter parking bans are the dominant rule across Middlesex County. Most cities prohibit overnight on-street parking from November through April to allow snow...
See how Burlington's agricultural zoning protection rules stack up against other locations.
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