[HISTORY: Adopted by the Annual Town Meeting
of the Town of Dennis 5-6-2008 by Art. 30. Amendments noted where applicable.]
GENERAL REFERENCES
Earth removal — See Ch. 84.
A.
The purpose and intent of this bylaw is to state with
emphasis the right to farm accorded to all citizens of the Commonwealth
of Massachusetts 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. We, the
citizens of Dennis, 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 Dennis 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.
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)
Keeping and 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 agritourism, 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 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 trees,
brush and ground for farming operations.
The right to farm is hereby recognized to exist
within the Town of Dennis. 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.
[Amended 10-3-2020 STM by Art. 12]
Within 30 days after this bylaw becomes effective,
the Select Board of the Town of Dennis shall prominently post in the
Town Hall and make available for distribution the following disclosure:
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"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."
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A.
Any person who seeks to complain about the operation
of a farm may, notwithstanding pursuing any other available remedy,
file grievance with the Select Board, the Zoning Enforcement Officer,
the Director for the Department of Natural Resources, or the Board
of Health, depending upon the nature of the grievance. 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 the 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 involving all
concerned parties and report its recommendations to the referring
Town authority within an agreed-upon time frame.
[Amended 10-3-2020 STM by Art. 12]
B.
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 involving all concerned parties, 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 Dennis hereby declares the
provisions of this bylaw to be severable.
