Framingham, MA Right to Farm: Agricultural Zoning Protection (2026)

Framingham's agricultural preservation development ordinance, City Code § 435-40, applies only to parcels meeting the code's definition of an active farm and located in an R-3 or R-4 Single-Family Residential Zoning District. To qualify for the special permit, the land must not have been subdivided, including through an approval-not-required plan, within the five years before the application is filed. The applicant first files a preliminary plan with the Planning Board that conforms to the subdivision regulations in Chapter 530 and the Massachusetts Wetlands Protection Act, identifying wetlands, other resource areas and slopes over 15%; the Conservation Commission reviews that plan and makes a recommendation before the Planning Board acts.

At least 70% of the active farm becomes the 'preserved area,' held under an agriculture preservation restriction and kept in the private ownership of the active farmer, while up to 30% becomes the 'buildable parcel' available for residential development. On top of that split, the Planning Board can grant a unit density bonus of up to 20% more buildable lots than the preliminary plan would otherwise allow, weighing the quality of the preserved land, its wetlands, vernal pools and slopes over 15%, and any need for septic systems or wells.

Dimensional standards for the buildable parcel include a 150-foot lot frontage, a 100-foot vegetated buffer against the active farm and a 75-foot buffer against other land uses, a 30-foot front setback, 50-foot side and 75-foot rear building separation, a cap of three attached units per building, and a maximum height of three stories or 35 feet; the Planning Board may waive any of these by a four-fifths vote to improve design or resource protection.