Town of Orleans, MA Chapter 140 Right to Farm and Fish

[HISTORY: Adopted by the 5-13-2013 Annual Town Meeting, Art. 32. Amendments noted where applicable.]

§ 140-1 Legislative purpose and intent.

[Amended 10-31-2020 STM by Art. 31[1]

A. The purpose and intent of this bylaw is to state with emphasis the right to farm accorded to all citizens of the commonwealth under Article 97 of the Constitution, and all state statutes and regulations thereunder, including but not limited to MGL c. 40A, § 3, paragraph 1; MGL c. 90, § 9, MGL c. 111, § 125A and MGL c. 128, § 1A. This bylaw includes the right to fish commercially in accordance with applicable federal, state, and local regulations. We the citizens of Orleans restate and republish these rights pursuant to the Town's authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution ("Home Rule Amendment").

B. This general bylaw encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Orleans; this bylaw also protects the Town’s historical agricultural and maritime heritage and traditional employment by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies. This bylaw shall apply to all jurisdictional areas within the Town.

[1] Editor's Note: This article also amended the title of this chapter, formerly "Right to Farm."

§ 140-2 Definitions.

A. The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto.

B. The words "farming" or "agriculture" or their derivatives shall include, but not be limited to, the following:

1) Farming in all its branches and the cultivation and tillage of the soil;

2) Dairying;

3) Production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities;

4) Growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations;

5) Raising of livestock, including horses;

6) Keeping of horses as a commercial enterprise; and

7) Keeping and raising of poultry, swine, cattle, ratites (such as emus, ostriches and rheas) and camelids (such as llamas and camels), and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals.

C. "Farming" shall encompass activities including, but not limited to, the following:

1) Operation and transportation of slow-moving farm equipment over roads within the Town;

2) Control of pests, including, but not limited to, insects, weeds, predators and disease organism of plants and animals;

3) Application of manure, fertilizers and pesticides;

4) Conducting agriculture-related educational and farm-based recreational activities, including agri-tourism, provided that the activities are related to marketing the agricultural output or services of the farm;

5) Processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto;

6) Maintenance, repair, or storage of seasonal equipment, or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing, management, or sale of the agricultural products; and

7) On-farm relocation of earth and the clearing of ground for farming operations.

8) Commercial fishing and other activities necessary thereto.

[Added 10-31-2020 STM by Art. 31]

§ 140-3 Right to farm and fish declaration.

[Amended 10-31-2020 STM by Art. 31]

The right to farm is hereby recognized to exist within the Town of Orleans. The above-described agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice is more than offset by the benefits of farming and fishing to the neighborhood, community, and society in general. The benefits and protections of this bylaw are intended to apply exclusively to those commercial or non-commercial agricultural, aquacultural and fishing operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this bylaw shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law.

§ 140-4 Disclosure notification.

Copies of the disclosure notification shall be prepared by the Town and included on a one-time basis with the mail out of Town real estate tax bills. Following the initial mail out, copies of the disclosure notification will be included on a continuing basis with the mail out of municipal lien certificates.

DISCLOSURE NOTIFICATION: [Amended 10-31-2020 STM by Art. 31]

It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural, aquacultural, and fishing resources. 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 attendant incidental noise, dust and odors associated with normally accepted agricultural practices. Buyers or occupants are also informed that any property within the Town may be impacted by commercial or non-commercial agriculture, aquiculture, and fishing activities.

§ 140-5 Resolution of disputes.

[Amended 10-31-2020 STM by Art. 31]

Any person who seeks to complain about any farming or fishing operation may, notwithstanding pursuing any other available remedy, file a grievance with the Agricultural Advisory Council or the Shellfish & Waterways Committee which will review and facilitate the resolution of the grievance and report its recommendations to the appropriate Town authority.

§ 140-6 Severability clause.

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 Orleans hereby declares the provisions of this bylaw to be severable.

§ 140-7 Relationship to existing Bylaws, rules and regulations.

Notwithstanding anything contained herein to the contrary, nothing in this bylaw shall supersede any existing Town bylaw, zoning bylaw, rule or regulation and all such existing bylaws, rules and regulations shall continue in full force and effect.