[HISTORY: Adopted by the Annual Town Meeting of the Town
of Salisbury 5-17-2010 by Art. 16. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
A.
The purpose and intent of the 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, MGL c. 90, § 9, MGL c. 111, § 125A, and MGL
c. 128, § 1A. We the citizens of Salisbury 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 farmland within
the Town of Salisbury 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.
A.
The word "farm" shall include any parcel or contiguous parcel of
land, of more than five acres, or water bodies used for the primary
purpose of commercial agriculture, or accessory thereto.
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 or lumbering operations;
(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.
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 organism of plants and animals;
(3)
Application of manure, fertilizers and pesticides;
(4)
Conducting agricultural-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 clearing of ground for farming
operations.
The right to farm is hereby recognized to exist within the Town
of Salisbury. The above-described agricultural activities may occur
on holidays, weekdays, and weekends by night or day and shall include
the attendant incidental noise and odors associated with normal, generally
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
normal, generally acceptable agricultural practices. Moreover, nothing
in this Right To Farm Bylaw shall be deemed as acquiring any interest
in land, or as imposing or amending any land use regulation, which
is properly the subject of state statute, regulation, or local zoning
bylaw.
The Town will provide a copy of the following notice to Salisbury
property owners, and will include the notice and copy of the bylaw
on the Town's official website, the Town Library, Assessor's
office and Town Clerk's office. "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 and odors. Buyers or occupants are also
informed that the buyer's property within the Town may be impacted
by commercial agricultural operations."
In the event of conflict between this bylaw and federal or state
law, federal or state law shall take precedence respectively.
Dispute resolution will be the responsibility of the Board of
Selectmen, or its designee(s).
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 Salisbury hereby declares the provisions of this bylaw
to be severable.
