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.
Somerville, MA
Somerville restricts amplified music through its noise ordinance and entertainment licensing, with plainly-audible standards at property lines and stricter c...
Somerville, MA
Somerville limits construction noise to daytime and early-evening weekday hours with shorter Saturday windows and a full Sunday and holiday prohibition, refl...
Somerville, MA
Overnight street parking in Somerville requires a resident permit citywide. Snow emergencies trigger odd-even or posted-side bans.
Somerville, MA
Commercial vehicles over 2.5 tons cannot park overnight on Somerville residential streets. Loading zones are time-limited and signed by block.
Somerville, MA
Most Somerville streets are resident-permit zones. Non-residents are limited to 2 hours on posted blocks from 8 AM to 8 PM daily including weekends.
Somerville, MA
Somerville requires a building permit for most fence installations, with historic districts adding a Historic Preservation Commission review step for visible...
See how Somerville's agricultural zoning protection rules stack up against other locations.
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