[HISTORY: Adopted 5-16-2005 Annual Town Meeting, Art. 12. Amendments noted where applicable.]
A.
The Town of Great Barrington finds that farming is an essential and
valued activity, which provides fresh food, clean air, economic diversity,
local employment, and open spaces to all the citizens of our Town.
This bylaw is intended to encourage the pursuit of agriculture, promote
agricultural-based economic and employment opportunities, and protect
farmland within the Town of Great Barrington. The purpose is to allow
agricultural uses and related activities to function in harmony with
the community, Town agencies and others. This bylaw shall apply to
all jurisdictional areas within the Town.
B.
This bylaw restates with emphasis the right to farm accorded to all citizens of the Commonwealth of Massachusetts as stated under the Constitution and General Laws and Regulations, including but not limited to Article 97 of the Constitution, MGL c. 40A, § 3, Paragraph 1 (the Zoning Act); MGL c. 90, § 9; MGL c. 111, § 125A; MGL c. 128, § 1A.
FARM — Shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto. Commercial shall be defined by the minimum acreage requirement or the gross sales and program payment requirement specified in MGL c. 61A, § 3, as amended. "Farm" shall include youth-related agricultural activities, such as but not limited to 4-H, irrespective of minimum acreage or gross sales and program payment requirements.
Shall include, but not be limited to the following:
Farming in all its branches and the cultivation and tillage
of the soil;
Dairying;
Orchards;
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, sheep, goats, 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 organism of plants and animals;
Application of manure, fertilizers and pesticides;
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;
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 expressly for the
purpose of propagation, processing, management, or sale of the agricultural
products;
On-farm relocation of earth and the clearing of ground for farming
operations;
Revitalizing drainage or irrigation ditches, picking stone,
erecting, repairing or maintaining fences, and clearing, rejuvenation
and maintaining pastures; and
Herding of livestock from area to area, including along roads.
The right to farm is hereby recognized to exist within the Town
of Great Barrington. 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
agricultural and farming operations and activities conducted in accordance
with generally accepted agricultural practices. For any agricultural
practice, in determining the reasonableness of the time, place, and
methodology of such practice, consideration shall be given to both
traditional customs and procedures as well as to new practices and
innovations. Moreover, nothing in this Right to Farm Bylaw shall be
deemed as acquiring any interest in land. The protections contained
in this bylaw do not replace any applicable zoning or legal restrictions
associated with agricultural operations.
A.
In order to allow prospective purchasers to make informed decisions
prior to a real estate transaction and to promote harmony between
farmers and their new neighbors after a transaction, the Town of Great
Barrington requests selling landholders and/or their agents (and assigns)
provide written notice to prospective purchasers substantially as
follows:
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"It is the policy of the Town of Great Barrington 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 that the property they are about to acquire 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. Purchasing, and henceforth occupying land within Great
Barrington means that one should expect and accept such conditions
as a norm and necessary aspect of living in Great Barrington."
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B.
Written notification may occur in one of several ways, including
but not limited to a disclosure form, addendum to a purchase and sale
agreement, and should include an acknowledgement by the buyer that
they have received notification.
C.
Within 30 days after this bylaw becomes effective, the Board of Selectmen
shall make available for use by selling landowners or their agents
(and assigns) copies of example written notifications.
D.
Within 30 days after this bylaw becomes effective the Board of Selectmen
shall prominently place in the Town Hall the above disclosure.
E.
Within 30 days after this bylaw becomes effective the Tax Collector
shall include a copy of the above disclosure with responses to requests
for municipal lien certificates.
Any person having a complaint about a farm activity or practice
is encouraged to seek an amicable resolution to the complaint, including
talking directly with the involved farmer. Such person may, notwithstanding
pursuing any other available remedy, request resolution assistance
from the Board of Selectmen. Such a request does not suspend the time
within which to pursue any other available remedies.
[Added 5-15-2006 ATM, Art. 20; amended 5-3-2010 ATM, Art. 17]
There shall be an Agricultural Commission to represent the Great
Barrington farming community. Said Commission shall serve as facilitators
for encouraging the pursuit of agriculture in Great Barrington, and
shall promote agricultural-based economic opportunities in Town. The
Commission shall consist of five members from the active farming community
of Great Barrington appointed by the Board of Selectmen. A minimum
of two members shall be primarily engaged in farming. The Board of
Selectmen shall first appoint one member for a term of three years,
one member for a term of two years, and one member for a term of one
year. All subsequent appointments shall be for terms of three years.
Up to five alternate members may also be appointed by the Board of
Selectmen, each for one-year terms.
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 Great Barrington hereby declares the provisions of this
bylaw to be severable.
