The right to farm is hereby recognized to exist within the Town
of Salisbury. The above-described agricultural activities may occur
on holidays, weekdays, and weekends by night or day and shall include
the attendant incidental noise and odors associated with normal, generally
accepted agricultural practices. It is hereby determined that whatever
impact may be caused to others through the normal practice of agriculture
is more than offset by the benefits of farming to the neighborhood,
community, and society in general. The benefits and protections of
this bylaw are intended to apply exclusively to those commercial agricultural
and farming operations and activities conducted in accordance with
normal, generally acceptable agricultural practices. Moreover, nothing
in this Right To Farm Bylaw shall be deemed as acquiring any interest
in land, or as imposing or amending any land use regulation, which
is properly the subject of state statute, regulation, or local zoning
bylaw.
The Town will provide a copy of the following notice to Salisbury
property owners, and will include the notice and copy of the bylaw
on the Town's official website, the Town Library, Assessor's
office and Town Clerk's office. "It is the policy of this community
to conserve, protect and encourage the maintenance and improvement
of agricultural land for the production of food, and other agricultural
products, and also for its natural and ecological value. This disclosure
notification is to inform buyers or occupants that the property they
are about to acquire or occupy lies within a town where farming activities
occur. Such farming activities may include, but are not limited to,
activities that cause noise and odors. Buyers or occupants are also
informed that the buyer's property within the Town may be impacted
by commercial agricultural operations."
In the event of conflict between this bylaw and federal or state
law, federal or state law shall take precedence respectively.
Dispute resolution will be the responsibility of the Board of
Selectmen, or its designee(s).
If any part of this bylaw is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this bylaw.
The Town of Salisbury hereby declares the provisions of this bylaw
to be severable.