Massachusetts protects commercial agriculture from nuisance lawsuits under MGL Chapter 111 Section 125A, recognizing farms operating consistent with generally accepted practices as not constituting a nuisance.
MGL Chapter 111 Section 125A establishes Massachusetts Right to Farm protections. The statute provides that no farm operation conducted for at least one year shall become a public or private nuisance due to changing conditions in or around its locality, provided the operation does not violate state and federal law and uses generally accepted agricultural practices. Most Massachusetts cities and towns have also adopted local Right to Farm bylaws that provide additional protections and require dispute resolution before litigation. The law shields against complaints related to noise, odor, dust, and operating hours typical of farm work.
Cities or neighbors attempting to enforce nuisance claims against protected farm operations may have actions dismissed and may face attorney fee awards in some circumstances.
Fitchburg, MA
Fitchburg Code Ch. 132, Article VI (Noise Control) sets nighttime quiet hours from 11:00 p.m. to 7:00 a.m. with a 50 dBA cap; daytime limit is 70 dBA. Constr...
Fitchburg, MA
Fitchburg Zoning Ordinance §181.552 (Environmental Performance Standards) addresses construction noise. No statewide MA construction hours law; Fitchburg enf...
Fitchburg, MA
Fitchburg's general noise ordinance (Chapter 132, Article VI) covers animal-related noise. MGL c. 140, §136A defines nuisance dog including excessive barking...
Fitchburg, MA
Fitchburg Zoning Ordinance §181 — 'major recreational equipment' cannot be used for living or housekeeping purposes when stored on a residential lot. On-stre...
Fitchburg, MA
Fitchburg Zoning Ordinance §181.3264 — commercial vehicles with more than 12,500 lb manufacturer's GVW may NOT be parked on residential premises except in an...
Fitchburg, MA
MGL c. 90, §22C — abandoned vehicles on public ways tagged after 72 hours, may be towed. Fitchburg Police enforce. Snow emergencies authorize immediate towin...
See how Fitchburg's farm nuisance protection rules stack up against other locations.
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