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.
Lowell, MA
Lowell applies the Massachusetts DEP 10-dB-above-ambient standard for objective measurement and uses a plainly-audible test for subjective enforcement.
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 enforces nighttime quiet hours that restrict unreasonable noise in residential areas, authorized under MGL c.40 s.21 and enforced by Lowell Police and...
Lowell, MA
Amplified music from homes, vehicles, or outdoor events in Lowell must not be plainly audible beyond 50 feet and is subject to permit rules for public venues.
Lowell, MA
Industrial operations in Lowell must keep noise within Massachusetts DEP guidelines and the local ordinance, with stricter limits at residential property lines.
See how Lowell's farm nuisance protection rules stack up against other locations.
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