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.
See how Swampscott's farm nuisance protection rules stack up against other locations.
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