Massachusetts Right to Farm Nuisance Protection (M.G.L. c. 243 § 6)

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.

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.