[HISTORY: Adopted by the Annual Town Meeting of the Town
of Easton 5-21-2012 by Art. 34.
Amendments noted where applicable.]
A.
The purpose and intent of this chapter is to establish a right to farm as is supported by the Commonwealth under Article 97 of the Constitution, and 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.
This chapter encourages the pursuit of agriculture, promotes agriculture-based
economic opportunities, and protects farmlands within the Town of
Easton by allowing agricultural uses and related activities to function
with minimal conflict with abutters and town agencies. This chapter
shall apply to all lands within the Town of Easton.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory uses thereto. For the purposes of this chapter, a farm must meet the definitions contained in MGL. c. 61A, §§ 1-3; and contain at least two acres; and have annual revenues of at least $1,000. In addition to these requirements, the following shall apply:
The words "farming" or "agriculture" or their derivatives shall
include, but are not limited to, the following:
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 as a commercial enterprise; and
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.
"Farming" shall encompass activities including, but not limited
to, the following:
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 agricultural-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 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 exclusively 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.
A.
A Right to Farm is hereby recognized to exist within the Town of
Easton. The above-described agricultural activities may occur on holidays,
weekdays, and weekends by night and by day and shall include the attendant
incidental noise, odors, dust, and fumes associated with normally
accepted agricultural practices.
B.
The benefits and protections of this chapter are intended to apply
exclusively to those commercial agricultural and farming operations
and activities conducted in accordance with generally accepted agricultural
practices. The foregoing agricultural activities must be in conformance
with applicable federal, state laws and local rules and regulations,
to which reference is made as to more specific rights and obligations
of the agricultural community and the Town.
C.
Moreover, nothing in this Right to Farm By-law shall be deemed as
acquiring any interest in land, or as imposing any land use regulations,
which is properly the subject of state statute, regulation, or local
zoning law. Nothing herein may be construed to supersede the requirements
of the State Zoning Act, local Zoning Bylaws,[1] the State Wetlands Protection Act or the Easton Wetlands
Protection Bylaw.[2]
[Amended 5-20-2019 ATM by Art. 21]
Within 30 days after this chapter becomes effective, the Select
Board shall prominently post in the Town Hall and through its electronic
media outlets:
"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 and 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."
[Amended 5-20-2019 ATM by Art. 21]
A.
The following procedure is hereby encouraged to enhance early and
effective resolution of farm related issues:
(1)
Any person who seeks to complain about the operation of a farm is
encouraged to, prior to filing a formal complaint, file an informal
complaint (grievance) with the Select Board, Zoning Enforcement Officer,
Conservation Commission, 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.
(2)
The Zoning Enforcement Officer, Select Board, and/or Conservation
Commission, as the case may be, shall forward a copy of the grievance
to the Easton Agricultural Commission or its agent which/who shall
review and attempt to mediate the grievance and report its findings
and recommendations to the appropriate Town authority for further
action within an agreed upon time. 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/who
shall review and mediate the grievance, and report its recommendations
to the Board of Health within an agreed upon time.
B.
Nothing herein may be construed to decrease, diminish or otherwise
affect the statutory and/or equitable powers of the Zoning Enforcement
Officer, Conservation Commission, Board of Health or Select Board
in the enforcement or policing of the issues under their respective
jurisdictions.
If any part of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this chapter.
The Agricultural Commission may from time to time adopt regulations
and rules not inconsistent with this chapter.
