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.
Newton, MA
Industrial and commercial noise in Newton must meet property-line decibel limits by zoning district, with mechanical equipment, HVAC, and loading docks close...
Newton, MA
Newton follows the state stretch energy code requiring EV-ready wiring in new construction. Residential Level 2 chargers need electrical permits; commercial ...
Newton, MA
Under MGL c.90 s.22D, Newton can tow vehicles left on public ways for more than 72 hours. Unregistered or inoperable vehicles on private property must be sto...
Newton, MA
Newton requires curb cut permits from DPW for new driveways, with maximum widths of 20 feet for single-family homes. Impervious surface coverage is limited b...
Newton, MA
Massachusetts MGL Chapter 49 governs boundary fences between neighbors, establishing shared maintenance where fences are mutual and providing fence viewer pr...
Newton, MA
Retaining walls in Newton over 4 feet in height measured from footing to top require a building permit and engineered design per 780 CMR.
See how Newton's farm nuisance protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.