Massachusetts Statewide Rule
Massachusetts Right to Farm Nuisance Protection (M.G.L. c. 243 § 6)
Key Facts
- Statute
- M.G.L. c. 243 § 6
- Operation threshold
- More than one year
- Standard
- Generally accepted agricultural practices
- Local bylaws
- Supplement state protection
- Covers
- Noise, odor, dust complaints
Summary
Massachusetts protects farms from nuisance lawsuits under M.G.L. c. 243 § 6: a farm operating more than one year using generally accepted agricultural practices cannot be found a nuisance for ordinary farm activities such as noise, odor, and dust.
No action in nuisance may be maintained against any person or entity resulting from the operation of a farm or any ancillary or related activities thereof, if said operation is an ordinary aspect of said farming operation or ancillary or related activity; provided, however, that said farm shall have been in operation for more than one year. This section shall not apply if the nuisance is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted agricultural practices. For the purposes of this section, ''agriculture'' and ''farming'' shall be as defined in section one A of chapter one hundred and twenty-eight.
Full Breakdown
M.G.L. c. 243 § 6 is Massachusetts' core Right to Farm protection. It provides that no nuisance action may be maintained against a farm for an ordinary aspect of its operation, provided the farm has operated for more than one year and the condition does not result from negligence or from practices inconsistent with generally accepted agricultural standards. A related provision, c. 111 § 125A, governs judicial review of a board of health order declaring a farm a nuisance. Most cities and towns have also adopted local Right to Farm bylaws that add dispute-resolution steps before litigation.
Violations & Penalties
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.
Frequently Asked Questions
Are Massachusetts farms protected from nuisance complaints?
Do Massachusetts towns have Right to Farm bylaws?
Sources
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