[Amended 12-10-2018; 1-7-2019; 3-4-2019; 11-4-2019; 12-7-2020; 9-13-2021; 3-7-2022]
These regulations are adopted under the authority of MGL c. 111, § 31, as reasonable health regulations designed to protect the health and quality of life of those who reside within the Town of Chelmsford, the control of disease, the abatement of nuisances, the promotion of sanitary living conditions, and the protection of the environment from damage and pollution. These regulations shall take effect as of the date of their approval as indicated below. These regulations are not intended to apply to any parcel or parcels of land used for the primary purpose of commercial agriculture, or accessory thereto, the use of which is governed by the provisions of Chapter 127, Right to Farm, of the Town of Chelmsford Bylaws. Nothing herein shall obligate the Chelmsford Board of Health to enforce any provision of the Chelmsford Zoning Bylaws.
A.
No person shall keep a domestic animal, as defined herein, within
the limits of the Town of Chelmsford, in any commercial structure
or residential dwelling or on any parcel of land of which he/she is
the owner, lessee, tenant or occupant, (hereinafter the "premises")
without annually obtaining a permit for the keeping of domestic animals
(hereinafter the "permit") from the Board of Health. Said permit shall
not be transferable as to other animals nor assignable for the use
of other persons, nor for use at other premises.
B.
In order to be granted a permit, each of the following requirements
must be met at the time of the filing of the initial application;
and at the time of each annual refiling of an application as may be
required hereinafter:
(1)
The premises must be a single-family residential dwelling.
(2)
A fully completed application in form to be provided by the
Board of Health to be filed together with:
(a)
At the time of the filing of an initial application, a site
plan [from Middlesex (Northern District) Registry of Deeds or from
Town of Chelmsford GIS mapping website] showing the location of the
proposed structures, and which confirms lot size and property lines,
the location of any drains and wells providing potable water to the
premises or any other property and compliance with these regulations
of the location upon said premises of the facility, as hereinafter
defined to be used for the keeping or restraining of any domestic
animal for which a permit is being sought. Upon completion of construction
of the structure, an on-site inspection will be performed to confirm
the structure was constructed in the location shown on the site plan.
At the time of each renewal of the permit, the applicant will be required
to certify the continuing accuracy of such site plan, which site plan
and subsequent certification shall be an integral part of the application
and will be relied upon by the Board of Health in the granting of
the permit. On a case-by-case basis, the Board of Health for good
cause may require an updated or more detailed site plan from any applicant;
(b)
A written maintenance plan detailing the facility cleaning schedule,
rodent, pest and predator control measures, manner of the systematic
collection, storage and disposal of animal solid waste, manner of
the storage and disposal of feed and nuisance prevention measures.
At a minimum, rodent control measures must provide for the inspection
of the premises for potential rodent infestation at regular intervals.
At the time of each renewal of the permit, the applicant will be required
to certify continuing compliance with such maintenance plan; which
written maintenance plan and subsequent certification shall be an
integral part of the application and will be relied upon by the Board
of Health in the granting of the permit. On a case-by-case basis,
the Board of Health for good cause may require an updated or more
detailed written maintenance plan from any applicant;
(c)
Correspondence of the Chelmsford Building Department confirming compliance of the premises to the minimum lot size required by § 195-6E, Animals Accessory to Dwellings, or any successor section thereto, of the Bylaws of the Town of Chelmsford at such time;
(d)
Certification by the Chelmsford Conservation Commission of the
location of wetlands upon or adjacent to the premises;
(e)
Such licensing fee as the Board of Health may establish from
year to year; and
(f)
Such additional information or substantiation as the Board of
Health may deem necessary or appropriate in the evaluation of each
application.
(3)
Permits shall expire on March 31 of each year, unless sooner
suspended or revoked by the Board of Health upon violation of any
of the provisions of these regulations.
C.
These regulations may be enforced by the use of the noncriminal disposition
pursuant to MGL c. 40, § 21D. If enforced by means of noncriminal
disposition, fines shall be $50 for the first violation, $100 for
the second violation and $150 for the third violation and any subsequent
violation. Each day of noncompliance shall constitute a separate and
new offense.
D.
Persons who have had a permit denied, suspended or revoked shall
be ordered to remove all unlicensed animals from the premises within
a timeframe determined by the Board of Health.
E.
Permits shall be posted at all times in a conspicuous and public
area of the facility.
F.
The maximum numbered of permitted domestic animals per premises shall
be 20.
G.
It shall be the sole responsibility of the applicant prior to the filing of an application to ensure that all applicable building permits are obtained for construction of a facility and to verify that all applicable zoning laws are adhered to, including without limitation § 195-6E of the Chelmsford Zoning Bylaws.
A.
At the time of the filing of any application for a permit, the Board
of Health, its agent or representative, with or without prior notice
to the applicant, may enter upon the applicant's premises without
hindrance to confirm the accuracy of the applicant's application.
B.
The premises of any individual granted a permit pursuant to these
regulations shall be open at all times for inspection by the Board
of Health, its agent or representative, and, with or without prior
notice to the individual, the Board of Health, its agent or representative,
may enter upon such premises without hindrance or delay to confirm
compliance of the individual to these regulations or to respond to
a complaint filed with the Board of Health concerning the keeping
of domestic animals upon such premises. Except in situations of a
public health emergency, such inspections shall be conducted during
normal business hours.
As used in this Chapter 201, the following terms shall have the meanings indicated:
The owners or tenants of property which adjoins the premises
upon which domestic animals are to be kept whether or not said properties
are separated by a public way.
The appropriate and legally designated health authority of
the Town of Chelmsford or its authorized agent or representative,
having the usual powers and duties of a Board of Health within the
Commonwealth of Massachusetts.
All kinds of domesticated ruminates such as but not limited
to sheep, goats, and bovine animals.
A structure for the keeping or housing of poultry, pigeons,
or other types of fowl, sometimes referred to herein as a henhouse.
A pen or enclosure for confining animals.
Any animal, including but not limited to poultry, bird, reptile,
hog, cow, horse, ponies, goats, swine, cattle, sheep, turkeys, ducks,
geese, pigeons, rabbits, game birds, donkeys, llamas, alpacas, and
mules, but excluding typical household pets which are housed primarily
inside a residential dwelling.
All animals of the equine family such as but not limited
to horses, mules, and donkeys.
Any corral, building, dry lot, enclosure, run, shed, stable,
stall, coop, pen, or structure used for the keeping or restraining
of any domestic animal except such of those that are subject to regulation
under the provisions of:
Section 2B of Chapter 128 of the General Laws pertaining to
commercial riding stables;
Section 39A of Chapter 129 of the General Laws pertaining to pet shops;
Sections 136A through 175 of Chapter 140 of the General Laws
pertaining to dogs; and
Chapter 127, Right to Farm, of the Town of Chelmsford Bylaws.
A food mixture or preparation used for consumption by domestic
animals kept at a facility.
An unpleasant or offensive odor.
Animals that include but are not limited to feral animals.
Every person who alone, or jointly, or severally with others:
Has a legal title to any permitted premises; or
Has care, charge, or control of any permitted premises as agent,
executor, executrix, administrator, trustee, lessee, or guardian of
the estate of the holder of legal title. Each such person thus representing
the holder of legal title is bound to comply with the provisions of
these regulations as if he were the owner.
Any individual, partnership, corporation, firm, association,
or group, including a city, town, county, or other governmental unit,
owning property or carrying on activities subject to these regulations.
A plot of land used for grazing and/or feeding of animals.
A structure for the keeping or housing of one or more animals.
All domesticated or semi-domesticated edible birds such as,
but not limited to, chickens, turkeys, ducks, guinea fowl, pheasants,
and pigeons.
Any animal of the order of Rodentia such as, but not limited
to, rabbits, guinea pigs, hamsters, chinchillas, squirrels, rats,
mice, and gerbils.
An adult male chicken.
The fenced or enclosed outdoor space adjacent to a chicken
coop or henhouse.
Any liquid, from any source, that flows over the surface
of the ground.
A plan showing the entire property (including all property
lines) with the existing and proposed structures accurately plotted
thereon.
A building or structure in which animals are sheltered and/or
fed.
A compartment in a stable used for the keeping of one or
more animals.
Any hoofed mammal of the porcine species.
The state of being of a facility, or the area adjacent to
a facility, which, in the opinion of the Board of Health, is conducive
to or results in breeding of flies; creation of malodors; vermin infestation;
liquid effluent; runoff; disease carriers; and/or noise in such concentrations
and of such duration as to cause a nuisance; be injurious or, on the
basis of current information, potentially injurious to human health;
or an unreasonable interference with the comfortable enjoyment of
life and property by the owner or an abutter.
Any of various destructive insects, or small animals including
but not limited to flies, mosquitoes, lice, mice, and rats.
Any jurisdictional wetland as defined by MGL c. 131, § 40
and/or the Chelmsford Wetlands Bylaw.
A.
No person, firm, or corporation shall exhibit, raise, board, train, or keep within the limits of the Town of Chelmsford, in any building, or on any premises on which he may be the owner, lessee, tenant, or occupant, any cattle, equine, swine, poultry or other animal as defined in § 201-3.5 above without a permit.
B.
The permit shall specify the maximum number of domestic animals which
may be kept on any premises. No animals in excess of the number specified
in the permit shall be kept therein even temporarily. Currently the
maximum number of domestic animals per premises is 20.
C.
No person shall maintain equines or cattle anywhere within the Town of Chelmsford without providing approved facilities as described in § 201-3.7 hereinafter of these regulations.
D.
The procedure for obtaining a permit for a stable in accordance with these regulations pertains to adherence with relevant state sanitary codes and conditions only. It shall be the sole responsibility of the applicant to ensure that all applicable building permits are obtained for construction of any stable or other structure and to verify that all applicable zoning laws are adhered to (including § 195-6E of the Chelmsford Zoning Bylaws).
E.
No person shall keep an animal in the Town of Chelmsford except in
compliance with these requirements. Animals not normally found or
kept as domesticated animals (such as but not limited to feral animals,
reptiles and wildlife) shall not be permitted within the Town of Chelmsford.
A.
The minimum requirement for a facility shall be an open shed with
proper drainage provided, offering maximum protection with a weatherproof
room, excepting henhouses, and at least three sides, enough head room
for the animal to be housed and floored with material that can be
kept clean and dry.
B.
The owner or other person or persons having control of any existing
building or buildings hereafter erected or converted into a facility
for the keeping of domestic animals shall maintain said facility in
a clean and sanitary condition and in accordance with the written
maintenance plan on file with the Board of Health, free from decaying
food, vermin, feces, and stagnant water.
C.
It shall be the responsibility of the owner or person or persons
having control of the facility to rodent proof the facility which
requires that the facility be built and maintained in such a manner
as to deny access by rodents and eliminate the conditions that make
rodents comfortable and provide shelter for rodents. Routine inspection
and treatment by a commercial pest company is recommended and may
be required as a condition of the granting of a permit at the discretion
of the Board of Health.
D.
A corral shall be dry, well-drained, kept clean and fenced. A pasture
must also be adequately fenced to contain the animals therein. Fencing
may be of wood, smooth woven wire, or charge electric wire. In the
case of the use of charge electric wire, there shall be at least one
warning label where the fence is located on street frontage, and at
fifty-foot intervals if the frontage exceeds 100 feet. All fencing
shall be high enough to discourage dumping or reaching over by third
parties. If corral is not grassed, dust control measures shall be
implemented.
E.
To minimize the opportunity for injury to third parties, property
barriers such as fencing or closely planted trees or shrubs shall
be installed, or other necessary or appropriate measures taken, to
discourage third parties, particularly unaccompanied minor children,
from entering into the area of the facility.
F.
Property barriers such as fencing or closely planted trees or shrubs
shall be installed, or other appropriate screening measures taken,
on lots where the location of the facility will ordinarily interfere
with the comfortable and uninterrupted enjoyment by an abutter of
his property.
G.
An adequate supply of potable water shall be available at or near
the facility for feeding, cleaning, and fire protection purposes.
A.
No owner or person or persons having control of the facility shall
willfully or through negligence, cause, suffer, allow or permit:
(1)
The floor and/or the ground of the facility to be designed,
constructed and/or maintained so as to cause or contribute to unsanitary
conditions at said facility.
(2)
Permit or facilitate the drainage or liquid effluent containing
urine and/or fecal matter from any animal kept at the facility to
be discharged in runoff, or to flow over the surface of the ground
onto abutting property, public ways, or wetlands.
B.
Management and disposal of manure and soiled bedding shall be such
as to minimize odors, rodents and breeding of flies. Without limitation:
(1)
The owner shall provide a pit constructed of cement or other
impermeable material for the reception of manure and other refuse
and by-products of the domestic animals. The Board of Health may accept
alternative storage options proposed by an owner at its discretion,
provided such option provides equal protection against discharge in
runoff, or any flow over the surface of the ground onto abutting property,
public ways, or wetlands.
(2)
Manure shall not be stockpiled between the period of April 15
and October 15.
(3)
During warm weather, manure shall be treated with lime or superphosphate
or other appropriate material to minimize odors and shall be treated
with approved insecticides or other means for fly control.
(4)
The dimensions, topography and/or drainage conditions of any
particular premises may, in the opinion of the Board of Health, require
off-premises disposal of the manure. In such cases it shall be the
responsibility of the owner to dispose of the manure in a safe and
sanitary manner. The manure shall not be put out for general Town
trash collection.
(5)
Manure shall be stored not less than 50 feet from abutting front,
side and rear property lines.
C.
Animals shall be maintained in a clean and healthy condition. The
animals shall be protected from vermin such as but not limited to
sucking insects which may transmit diseases to humans.
D.
Any feed that is stored on, at, or proximate to the facility shall
be stored in closed and secured, moisture, vermin and rodent resistant
containers such as galvanized steel.
E.
No owner of a facility shall, willfully or through negligence, cause,
suffer, allow, or permit an infestation of vermin at said facility.
The owner or person or persons having control of the facility may
be held responsible for expenses incurred by the Town of Chelmsford,
abutters or third parties upon the failure of such owner or person
or persons to vermin-proof the facility.
F.
Dead animals shall be buried, incinerated, or otherwise disposed
of in such a way as to prevent the attraction of flies and prevent
odors. If buried, the animal shall be put in a hole, the bottom of
which shall be a minimum of four feet above high water and covered
with at least four feet of compacted dirt. The burial site shall be
at least 15 feet from any lot line and 100 feet from any wetland and
must have prior written approval of the Board of Health. In an emergency
situation, an owner may bury an animal prior to written approval by
the Board of Health, but must notify the Board of Health within 48
hours that such has occurred and must confirm that the burial site
meets these requirements.
G.
Proximity to wetlands and potable water.
(1)
No portion of a facility shall be located within 50 feet of
a wetland area, nor less than 200 feet upstream from the high-water
mark of any known source of drinking water supply nor less than 100
feet from any well providing potable water for human consumption or
within Zone 1 of a public water supply.
(2)
No manure storage area shall be located within 100 feet of a
wetland area, nor less than 200 feet upstream from the high-water
mark of any known source of drinking water supply nor less than 100
feet from any well providing potable water for human consumption or
within Zone 1 of a public water supply.
H.
The maintenance of a facility in an unsanitary condition as defined in this § 201-3.8 may result in a fine and/or the revocation or suspension of the permit.
I.
Upon revocation of a permit by the Board of Health, the owner shall
not be obligated to remove the facility but may repurpose the facility
in compliance with the then Zoning Bylaws and Building Code of the
Town of Chelmsford.
J.
No domestic animal as herein defined shall be housed within any part
of a residential dwelling.
A.
No permit shall be issued to keep a horse, sheep, goat, cow (or other
bovine animals) unless the usable area, drainage conditions and dimensions
of the lot are acceptable to the Board of Health and the Chelmsford
Animal Control Officer.
B.
Under no circumstances shall a horse, sheep, goat, cow (or other
bovine animal) be allowed to roam free; nor should it be left tethered,
unless attended by a responsible person. Repeated violation of these
regulations will result in revocation or suspension of the permit.
C.
No horse, sheep, goat, cow (or other bovine animal) shall be kept
in the Town of Chelmsford without having the necessary immunization
certificate as required by the Division of Animal Health, Department
of Agriculture, Commonwealth of Massachusetts.
A.
No permit shall be issued to keep poultry unless the usable area,
drainage conditions and dimensions of the lot are acceptable to the
Board of Health. The Board of Health Agent shall notify the Animal
Control Officer of all permits issued.
B.
No poultry shall be allowed to forage, stray or roam unrestricted
at the premises or elsewhere; hens must at all times be confined to
the coop/henhouse and run.
C.
No rooster shall knowingly be kept except on a parcel of land defined as a farm by any local, state, or federal law or regulation including without limitation the provisions of Chapter 127, Right to Farm, of the Town of Chelmsford Bylaws. Once a rooster is identified in a flock, the Board of Health shall be immediately so advised in writing and the rooster must be permanently removed for within the Town of Chelmsford.
D.
The number of hens per a single premises shall not exceed six per
lot, except that an additional two hens may be added per every five
feet of additional setback provided, up to a maximum of 20 hens.
E.
Perceptible noise from chickens at the premises boundary must conform
to all existing bylaws.
F.
Odors from chickens, chicken manure, or other chicken related substances
shall not be perceptible at the premises boundaries.
G.
Henhouses and runs shall be maintained in such a manner as to prevent
the spread of infectious or contagious diseases, and shall be kept
in a clean and sanitary condition, free from decaying food, filth,
feces, vermin infestation and stagnant water. Henhouses and runs must
be routinely cleaned pursuant to the written maintenance plan on file
with the Board of Health or more frequently as may be required to
prevent odor and disease.
H.
The location of the henhouse and run must conform to all relevant
lot area and setback and other zoning requirements. In an instance
of a conflict between these regulations and a Zoning Bylaw, the more
restrictive shall control.
I.
Hens must be enclosed and segregated from wild migratory fowl.
J.
All henhouses and runs shall be located not less than 50 feet of
any wetland area as defined in the Massachusetts Wetlands Protection
Act, MGL c. 131, § 40 and/or the Chelmsford Wetlands Bylaws.
K.
Henhouses and runs.
(1)
All henhouses and runs shall be located not less than 25 feet
from any side abutting property lot line of a residentially used lot
and not less than 30 feet from any rear abutting property lot line
of a residentially used lot, and not less than 40 feet from the front
lot line.
(2)
Reasonable efforts shall be made to screen the henhouse and
runs from street view and the Board of Health may in its discretion
require fencing or screening as part of its permitting process.
(3)
Except as otherwise herein provided, henhouses and runs shall
not be situated in the front or side yards of the premises. Henhouses
and runs situated in the side yard of a premises, which are otherwise
in compliance with these regulations, may be permitted, provided the
henhouse and run were situated in the side yard in 2018 and further
provided the owner of the premises had been issued a permit for domestic
animals in 2018. The opportunity to retain the henhouse and run in
the side yard of a premises shall lapse should the Board of Health
determine that the applicant is at any time in violation of these
regulations and shall not be transferable to any subsequent owner
of the premises.
(4)
For lots with frontage on multiple streets, front yards shall
be determined based upon the legal address for the premises, unless
in the Board of Health in its discretion determines that the front
yard should be based upon another street.
L.
The Board of Health or its agents may order the removal of the chickens
upon a determination that the chickens pose a health risk to the owner,
his/her family or the residents of Chelmsford.
M.
Deceased chickens shall be disposed of by incineration or burial
or otherwise in compliance with applicable law and best practices,
within a reasonable time but in no event more than 48 hours after
death.
N.
The owner of the facility shall comply with all applicable provisions
of MGL c. 129 regarding livestock disease control.
O.
Feed shall be disbursed to the hens only within the confines of the
henhouse and run. Any spillage of food outside of the henhouse and
run shall be immediately cleaned up.
P.
Section 201-4.2 shall not only apply to chickens but shall also
apply to all species within the poultry family.
The keeping of swine is not allowed except on a parcel of land defined as a farm by any local, state, or federal law or regulation, regulation including without limitation the provisions of Chapter 127, Right to Farm, of the Town of Chelmsford Bylaws.
A.
The Board of Health, following a public hearing and upon written notice to all abutters, may award a nonconforming preexisting permit to an owner with a lot size not conforming to the provisions of § 195-6E of the Chelmsford Zoning Bylaws; provided such owner had been issued a permit for domestic animals in 2018, but only if the Board of Health determines:
(1)
That unnecessary hardship would result from the strict application of the provisions of § 195-6E of the Chelmsford Zoning Bylaws to the applicant;
(2)
That the applicant had been issued a permit in 2018 and that
the permit in 2018 had been issued in error; and
(3)
That there has been no change in owners or the size or configuration
of the applicant's lot since the date of the issuance of the 2018
permit.
B.
The applicant must demonstrate that issuance of a nonconforming preexisting
permit is not otherwise in conflict with any other regulation or bylaw
of the Town of Chelmsford, is consistent with the intent of and is
otherwise in compliance with these regulations and that granting of
a nonconforming preexisting permit shall not be burdensome or detrimental
to the neighborhood or abutters.
C.
Special conditions may be imposed by the Board of Health as a prerequisite
to the issuance of a nonconforming preexisting permit and may include,
without exception, the exclusion of certain domestic animals, the
limitation of the number of domestic animals to be permitted, routine
commercial pest control inspections and reporting to the Board of
Health, and fencing and screening requirements.
D.
Timely application for a nonconforming preexisting permit must be
requested each consecutive year commencing 2019, failing which the
opportunity to request a nonconforming preexisting permit shall lapse.
The opportunity to request a nonconforming preexisting permit shall
also lapse should the Board of Health determine that the applicant
is at any time in violation of these regulations.
E.
The opportunity to request such nonconforming preexisting permit
shall not be transferable to any subsequent owner of the premises.
F.
The applicant for such nonconforming preexisting permit shall pay
the cost of all publications and mailings and shall have timely filed
an application for a permit as required by the terms hereof, and shall
have been denied a permit solely by reason of the size of the applicant's
lot.
A.
Any previously validly issued permits, meaning permits meeting all applicable Board of Health regulations and the provisions of § 195-6E of the Chelmsford Zoning Bylaws when issued, may be renewed annually, provided neither the owners, conditions, and agreements contained in the original application nor the size or configuration of the applicant's lot have not changed. All other requirements must be met.
B.
All other individuals requesting permits in 2019 and thereafter must
comply with these regulations in totality.
C.
All renewal of permits subsequent to the adoption of these regulations
shall be subject to the adopted schedule of fees.
A.
Each section of these rules and regulations shall be construed as
separate to the end that if any section, item, sentence, clause or
phrase shall be held invalid for any reason the remainder of these
rules and regulations shall continue in full force and effect.
B.
These regulations or any portions thereof may be amended, supplemented
or repealed from time to time by the Board of Health, as provided
by law and applicable regulations.
A.
These regulations were accepted and approved by vote of the Chelmsford
Board of Health, at a regularly scheduled meeting held on December
10, 2018, and were revised at a regularly scheduled meeting held on
January 7, 2019. A public hearing was held on December 3, 2018, and
another public hearing was held on January 7, 2019, for the further
revisions. These regulations are to be in full force and effect retroactive
to January 1, 2019 (and shall thus be applicable to all permit applications
for 2019) and shall be available in the office of the Chelmsford Board
of Health and the Town Clerk.
B.
These regulations were amended, accepted and approved by vote of
the Chelmsford Board of Health, at a regularly scheduled meeting held
on March 4, 2019. These regulations are to be in full force and effect
retroactive to January 1, 2019 (and shall thus be applicable to all
permits applications for 2019), and shall be available in the office
of the Chelmsford Board of Health and the Town Clerk.
C.
At a regularly scheduled Board of Health meeting on November 4, 2019, § 201-5.2 of the regulation was amended, accepted, and approved by majority vote, to change dates from 2019 to 2020, and 2020 to 2021. The remainder of the existing regulation remains in full force and effect.
E.
This regulation has been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on September 13,
2021, and will go into effect on September 13, 2021. The changes approved
at the Board of Health's September 13, 2021, meeting consisted of
administrative renumbering; no substantive changes to the regulation
were made at this time.
F.
This
regulation has been amended, voted on, and unanimously approved at
a regularly scheduled Board of Health meeting on March 7, 2022, and
will go into effect on March 7, 2022. The changes approved at the
Board of Health's March 7, 2022, meeting consisted of an administrative
correction.
