New Bedford, MA Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- By-right use
- Agricultural Use (Exempt) in all 13 zoning districts
- Exemption threshold
- Parcel over 5 acres, per M.G.L. c. 40A, § 3
- Non-exempt farming
- Requires Board of Appeals/Planning Board special permit
- Animal stocking limit
- 1 head per 1,000 sq ft net lot area
- Hoofed livestock
- Barred unless use is exempt
Summary
New Bedford's Zoning Ordinance marks "Agricultural Use (Exempt)", farming on parcels over five acres that qualifies under M.G.L. c. 40A, § 3, as a permitted, by-right use in every one of the city's thirteen zoning districts, from residential to industrial. Non-exempt farming needs a special permit, and Section 2810 sets a modest stocking limit and bans hoofed livestock outside the exemption.
Agricultural Use (Exempt): Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five (5) acres in area. Agricultural Use (Nonexempt): Agricultural use of property not exempted by M.G.L. Chapter 40A, Section 3, and consistent with M.G.L. Chapter 128, Section 1A. 2813. Animals or flocks of poultry shall not exceed one animal or head of poultry per one thousand (1,000) square feet of net area of the lot. The net area shall be determined by subtracting the gross ground floor area of all buildings and structures on the lots from the gross area of the lot plus any contiguous lots owned by the same party. 2814. Hoofed farm animals are not permitted for Agricultural Use that does not qualify as an exempt use under Chapter 40A, Section 3 of the Massachusetts General Laws.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 19).
Full Breakdown
c. 40A, § 3, and defines "Agricultural Use (Nonexempt)" as farming on land that doesn't meet that carve-out. The Table of Use Regulations at Section 2230 (Appendix A) lists "Agricultural Use (Exempt)" as a "Y", permitted by right, in all thirteen zoning districts, RA, RB, RC, RAA, MUB, PB, IA, IB, IC, WI, AMC, KH-TOD and CC-TOD, while nonexempt agricultural use needs a special permit from the Board of Appeals in most districts and from the Planning Board in the overlay/industrial-adjacent districts. Section 2810 lets the city apply site-plan performance standards to agricultural uses, including that farming must follow all New Bedford Health Department rules, that production may happen outdoors, in a greenhouse, in an adapted building, in containers or vertical systems, in water enclosures, or on a rooftop for individual household use, and that agricultural production for multiple households or commercial sale that isn't exempt needs a Planning Board special permit.
Section 2813 caps animal or poultry stocking at one head per 1,000 square feet of net lot area, and Section 2814 bars hoofed farm animals entirely for any agricultural use that doesn't qualify as exempt under Chapter 40A, Section 3.
Violations & Fines
The zoning ordinance itself does not spell out a separate fine for farming without a required special permit; noncompliance is handled through the city's general zoning enforcement, where the Zoning Enforcement Officer can order a nonconforming or unpermitted use to cease and an owner can be cited for violating the special-permit requirement in Section 2812 or the stocking and livestock limits in Sections 2813 and 2814.
Frequently Asked Questions
Can I farm my property in New Bedford without a permit?
What if my farm doesn't qualify for the state exemption?
Are there limits on how many animals I can keep?
Sources & Official References
Other rules in New Bedford
Compare New Bedford to another location·View the Massachusetts right to farm overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Agricultural Zoning Protection in Nearby Cities
How other cities in Bristol County handle agricultural zoning protection.