[HISTORY: Adopted by the Town of Lancaster 5-4-2009 ATM by Art.
16. Amendments noted where applicable.]
A.
The purpose and intent of the this general 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
hereunder, 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 Lancaster 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 Lancaster by allowing agricultural uses and related activities
to function with minimal conflict with abutters and Town agencies.
This chapter 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 thereof.
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 and 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 alpacas), 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 organisms of plants and animals;
(3)
Application of manure, fertilizers, and pesticides;
(4)
Composting for sale or use, as part of an agricultural activity;
(5)
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;
(6)
Processing and packaging of the agricultural output of the farm and
the operation of a farmer's market or farm stand, including signage
thereto;
(7)
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
(8)
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 Lancaster. 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 recognized that
agricultural practices may impact others; however, the benefits of
farming to the neighboring community and society more than offsets
such impact. 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
good agricultural practices. Moreover, nothing in this Right to Farm
Bylaw shall be deemed as acquiring any interest in land or imposing
any land use regulation, which is properly the subject of state statute,
regulation, or local zoning law.
A copy of this disclosure notification shall be posted by the
Town to residents and property owners via the official Town website
and available at the Town Hall:
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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. Buyers or occupants are also informed
that the buyers' property within the Town may be impacted by
commercial agricultural operations, including the ability to access
water services for such property under certain circumstances, as per
the Water Management Act."
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In the event of conflict between this bylaw and federal or state
law, federal or state law shall take precedence respectively.
A.
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 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.
B.
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, where feasible and
appropriate, facilitate the resolution of the grievance, and report
its recommendation 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 the bylaw.
The Town of Lancaster hereby declares the provisions of the bylaw
to be severable.
