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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Lowell, MA
Lowell Code Section 204-4C(1)-(4) declares unlawful any unnecessary motor noise (backfiring, racing, tire-screeching), improper horn/signaling-device use, di...
Lowell, MA
Lowell Code Section 204-3 sets a full district-by-time dBA table (residential 40-50 dB(A), industrial up to 70 dB(A) daytime), measured at the property bound...
Lowell, MA
Lowell restricts gas-powered leaf blower use to daytime hours; no outright ban exists, but decibel and hour limits apply under the general noise ordinance.
Lowell, MA
Outdoor music at restaurants, breweries, and event venues in Lowell requires an entertainment license and must end by 10 p.m. in residential zones.
Lowell, MA
Lowell Code Chapter 204, Section 204-3 sets district-based dBA limits keyed to time of day. In single- and two-family residential districts the limit drops t...
Lowell, MA
Lowell Code Section 204-4C(12) makes it unlawful to operate any radio, stereo, loudspeaker, instrument or other sound-reproducing device so as to disturb a r...
See how Lowell's agricultural zoning protection rules stack up against other locations.
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