[HISTORY: Adopted by the Town Meeting of the Town of Sturbridge 6-7-2021 ATM by Art. 34. Amendments noted where applicable.]
A. 
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, first paragraph; MGL c. 90, § 9, MGL c. 111, § 125A and MGL c. 128, § 1A. We the citizens of the Town of Sturbridge 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 bylaw encourages the pursuit of agriculture, promotes agriculture-based economic opportunities and protects farmlands within the Town of Sturbridge 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 with the Town.
The following words and terms shall have the meaning stated below:
A. 
Farm. 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, provided that the lot is not less than five acres. Small-scale specialty operations that do not meet the five-acre requirement will be reviewed on a case-by-case basis by the Agricultural Commission.
B. 
The words "farming" or "agricultural" 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 by any other forestry or lumbering operations in accordance with the Town of Sturbridge Forestry Bylaw;[1]
[1]
Editor's Note: See Ch. 161, Forest Harvesting.
(5) 
Raising of livestock, including horses;
(6) 
Keeping of horses as a commercial enterprise; and
(7) 
Keeping and raising of poultry, 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 organisms of plants and animals;
(3) 
Application of manure, fertilizers and pesticides; organic farming is encouraged;
(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 used expressly for the purpose of propagation, processing, management or sale of the agricultural products; and
(7) 
On-farm relocation of earth and the clearly of ground for farming operations.
The right to farm is hereby recognized to exist within the Town of Sturbridge. The above-described agricultural or farming activities may occur on holidays, weekdays and weekends by day or night and shall include attendant incidental noise, odors, dust and fumes associated with normally accepted agricultural practices. It is hereby determined that the impact that may be caused to others through the normal and lawful practice of agriculture is 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 to those commercial agricultural and farming operations and other noncommercial farming activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right to Farm Bylaw shall be deemed to effectuate an acquisition of any interest in land or as the imposition of any land use regulation which is properly the subject of state statute, regulations or local zoning law.
Within 30 days after this bylaw becomes effective, the Selectmen shall prominently post within the Town limits the following disclosure: "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 may cause noise, dust and odors. Buyers or occupants are also informed that the location of property within the Town may be impacted by commercial agricultural operations."
A. 
Any person who seeks to complain about the operation of a farm or its effects may, notwithstanding any other available remedy, file a grievance with the Board of Selectmen, the Zoning Enforcement Officer, Zoning Board of Appeals, Conservation Commission or Board of Health, depending on 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 Town authority so notified shall forward a copy of the grievance to the Agricultural Commission or its agent, which may 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, especially in cases of imminent danger or public health risk, shall forward a copy of the grievance to the Agricultural Commission or its agent, which may 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 Sturbridge hereby declares the provisions of this bylaw to be severable.