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.
Fitchburg, MA
Fitchburg Code Ch. 132, Article VI (Noise Control) sets nighttime quiet hours from 11:00 p.m. to 7:00 a.m. with a 50 dBA cap; daytime limit is 70 dBA. Constr...
Fitchburg, MA
Fitchburg Zoning Ordinance §181.552 (Environmental Performance Standards) addresses construction noise. No statewide MA construction hours law; Fitchburg enf...
Fitchburg, MA
Fitchburg's general noise ordinance (Chapter 132, Article VI) covers animal-related noise. MGL c. 140, §136A defines nuisance dog including excessive barking...
Fitchburg, MA
Fitchburg Zoning Ordinance §181 — 'major recreational equipment' cannot be used for living or housekeeping purposes when stored on a residential lot. On-stre...
Fitchburg, MA
Fitchburg Zoning Ordinance §181.3264 — commercial vehicles with more than 12,500 lb manufacturer's GVW may NOT be parked on residential premises except in an...
Fitchburg, MA
MGL c. 90, §22C — abandoned vehicles on public ways tagged after 72 hours, may be towed. Fitchburg Police enforce. Snow emergencies authorize immediate towin...
See how Fitchburg'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 If you notice an error or outdated information, let us know.