[HISTORY: Adopted by the Annual Town Meeting of the Town of Chelmsford 4-25-2011 by Art. 19. Amendments noted where applicable.]
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; c. 90, § 9; c. 111, § 125A; and c. 128, § 1A. We the citizens of the Town of Chelmsford 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 encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Chelmsford 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.
- Shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto.
- Shall encompass activities including, but not limited to, the following:
- A. Operation and transportation of slow-moving farm equipment over roads within the Town;
- B. Control of pests, including, but not limited to, insects, weeds, predators and disease organism of plants and animals;
- C. Application of manure, fertilizers and pesticides;
- D. Composting of farm and non-farm compostable materials;
- E. 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;
- F. Processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto;
- G. Maintenance, repair, sale and 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;
- H. Burning of brush in a controlled and safe manner after issuance and receipt of a permit issued from the Chelmsford Fire Department that such burning shall satisfy all of the conditions of the regulations and guidelines of the Chelmsford Fire Department and as set forth in 310 CMR 7.07(3)(b) and (c).
- FARMING or AGRICULTURE or their derivatives
- Shall include, but not be limited to, the following:
- A. Farming in all its branches and the cultivation and tillage of the soil;
- B. Dairying;
- C. Production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities;
- D. Growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations;
- E. Raising of livestock including horses;
- F. Keeping of horses as a commercial enterprise; and
- G. 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.
The right to farm is hereby recognized to exist within the Town of Chelmsford. 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. 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, shall not be governed by local animal fee bylaw. 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.
On an annual basis notification will be printed in two local newspapers:
Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Board of Selectmen, 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 Board of Selectmen 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 is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this bylaw. The Town of Chelmsford hereby declares the provisions of this bylaw to be severable.