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.
New Bedford, MA
New Bedford regulates noise through its general ordinance provisions and MassDEP 310 CMR 7.10. Habitual barking or noise that disturbs a neighborhood is decl...
New Bedford, MA
New Bedford declares habitual barking dogs a public nuisance under the city ordinance. The keeping of any dog which by habitual howling, yelping, barking or ...
New Bedford, MA
New Bedford regulates construction noise under its general ordinance provisions. Construction activities that create excessive noise and disturb the neighbor...
New Bedford, MA
New Bedford enforces snow emergency parking bans during winter storms under Chapter 23 of the Code of Ordinances. During a snow ban, parking is allowed on th...
New Bedford, MA
New Bedford restricts heavy traffic and commercial vehicle parking in designated zones under §23-23 of the Code of Ordinances. Commercial vehicles must compl...
New Bedford, MA
New Bedford's zoning ordinance Chapter 9 regulates off-street parking and driveways. Parking in front of public or private driveways is prohibited. Off-stree...
See how New Bedford's agricultural zoning protection rules stack up against other locations.
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