[HISTORY: Adopted by the Annual Town Meeting of the Town
of Nantucket 4-2-2016 by Art. 65. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 139.
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 Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128 Section 1A.
B.
We, the citizens of Nantucket, 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").
C.
This general bylaw encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within
the Town of Nantucket by allowing agricultural uses and related activities
to function with minimal conflict with abutters and Town agencies.
D.
This bylaw shall apply to all jurisdictional areas within the Town
of Nantucket.
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, 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.
The right to farm is hereby recognized to exist within the Town
of Nantucket. 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
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 generally accepted agricultural practices. Moreover,
nothing in this Right to Farm 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.
The Town of Nantucket shall provide the following disclosure
notification to landowners each fiscal year by mail: "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, dust
and odors. Buyers or occupants are also informed that the location
of property within the Town may be impacted by commercial agricultural
operations, including the ability to access water services for such
property under certain circumstances." In addition to the above, a
copy of said disclosure notification shall be posted on the Town of
Nantucket's website in an area or areas utilized by homeowners and/or
pertaining to land use.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
Any person who seeks to complain about the operation of a farm
may, notwithstanding pursuing any other available remedy, file a grievance
with the Select Board, the Zoning Enforcement Officer, or the Board
of Health, depending upon the nature of the grievance. A copy of any
grievance shall be submitted to the above-named board and officer
regardless of the entity to which it was originally submitted. The
filing of the grievance does not suspend the time within which to
pursue any other available remedies that the aggrieved may have. The
Zoning Enforcement Officer or Select Board shall forward a copy of
the grievance to the Agricultural Commission or its agent, which shall
review and facilitate the resolution of the grievance, and report
its recommendations to the referring Town authority within an agreed-upon
time frame. The Board of Health, except in cases of imminent danger
or public health risk, shall forward a copy of the grievance to the
Agricultural Commission or its agent, which shall review and facilitate
the resolution of the grievance, and report its recommendations to
the Board of Health within an agreed-upon time frame.
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 Nantucket hereby declares the provisions of this bylaw
to be severable.
