[HISTORY: Adopted by the Town Meeting of the Town of Barre
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-22-2008 STM, Art. 7]
The purpose and intent of this bylaw/ordinance 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 there under 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. We the citizens of Barre 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"). This general bylaw/ordinance encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town/City of Barre by allowing agricultural uses and related activities to function with minimal conflict with abutters and local agencies. This bylaw/ordinance shall apply to all jurisdictional areas within the Town of Barre.
The word "farm" shall include any parcel or contiguous parcels
of land, or water bodies used for the primary purpose of agriculture,
or accessory thereto. The words "farming" or "agriculture" or their
derivatives shall include, but not be limited to the following:
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Farming in all its branches and the cultivation and tillage
of the soil; dairying; production, cultivation, growing, and harvesting
of any agricultural, aquacultural, floricultural, viticultural, or
horticultural commodities; growing and harvesting of forest products
upon forest land, and any other forestry or lumbering operations;
raising of livestock including horses; keeping of horses; and keeping
and raising of poultry, swine, cattle, sheep, 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. "Farming" shall encompass
activities including, but not limited to, the following:
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Operation and transportation of slow-moving farm equipment over
roads within the Town; control of pests, including, but not limited
to, insects, weeds, predators and disease organisms of plants and
animals; application of manure, fertilizers and pesticides; 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; processing,
slaughtering and packaging of the agricultural output of the farm
and the operation of a farmer's market or farm stand including signage
thereto; 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 on-farm relocation of earth and the
clearing of ground for farming operations.
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The right to farm is hereby recognized to exist within the Town/City
of Barre. 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/ordinance are intended to apply exclusively
to those agricultural and farming operations and activities conducted
in accordance with generally accepted agricultural practices. Moreover,
nothing in this right to farm bylaw/ordinance 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 6-15-2021 ATM, Art. 20]
Not later than 21 days after the purchase and sale contract
is entered into, or prior to the sale or exchange of real property
if no purchase and sale agreement exists, for the purchase or exchange
of real property, or prior to the acquisition of a leasehold interest
or other possessor interest in real property, located in the Town
of Barre, the landowner shall present the buyer or occupant with a
disclosure notification which states the following:
"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 community 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 agricultural operations including the ability to access
water services for such property under certain circumstances."
A copy of the disclosure notification shall be given on a form
prepared by the Town Collector and shall be signed by the landowner
prior to the sale, purchase, exchange or occupancy of such real property.
A copy of the disclosure notification must be filed with the Select
Board or its designee prior to the sale, purchase, exchange or occupancy
of such real property. In addition to the above, a copy of this disclosure
notification shall be provided by the Town to landowners each fiscal
year by report to the Annual Report or Town website.
The Town of Barre shall cause signage to be posted and maintained
on major thoroughfares informing entering motorists that the Town
of Barre is a right to farm community, pending available funds.
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. 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 may 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, may 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/ordinance is for any reason held to
be unconstitutional or invalid, such decision shall not affect the
remainder of this bylaw/ordinance. The Town of Barre hereby declares
the provisions of this bylaw/ordinance to be severable.
In the event of conflict between this bylaw and all other Town
regulations, this bylaw shall take precedence. In the event of conflict
between this bylaw and federal or state law, federal or state law
shall take precedence respectively.
