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.
Fall River, MA
Fall River prohibits all noises that menace health or interrupt sleep between 10 PM and 7 AM on weekdays and 10 PM to 8 AM on Sundays. The city's noise regul...
Fall River, MA
Fall River addresses barking and nuisance dogs under MGL Ch. 140 §157. A dog that is a habitual barker or creates a nuisance may result in a citation with a ...
Fall River, MA
Fall River regulates construction noise under its general noise ordinance provisions. Construction activities that create excessive noise are prohibited duri...
Fall River, MA
Fall River's zoning code Ch. 86 §86-441 requires parking areas to be set back at least 10 feet from front lot lines and from abutting residential property li...
Fall River, MA
Fall River regulates the parking of trailers, semitrailers, and large vehicles on city streets under §70-320. Commercial buses designed to carry 7+ persons m...
Fall River, MA
Fall River enforces street parking regulations under Ch. 70 of the Revised Ordinances. A winter parking ban is declared when 3+ inches of snow are predicted,...
See how Fall River's agricultural zoning protection rules stack up against other locations.
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