[HISTORY: Adopted by the Town of Bolton 5-7-2012 ATM by Art. 10 (5-7-2007 ATM by Art. 7; Section 1.21 of the Town Bylaws). Amendments noted where applicable.]
A. 
The purpose and intent of this bylaw is to state with emphasis the right to farm granted 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 Bolton, 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 Bolton 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.
As used in this bylaw, the following terms shall have the meanings indicated:
AGRICULTURE or FARMING
Or their derivatives shall include, but not be limited to, the following:
A. 
Farming in all its branches and the cultivation and tillage of the soil;
B. 
Dairying;
C. 
Production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities;
D. 
Growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations;
E. 
4-H or the national FFA organization projects; and
F. 
Keeping and/or raising of livestock which includes but is not limited to horses, poultry, swine, cattle, sheep, goats, ratites (such as emus, ostriches and rheas), camelids (such as llamas and alpacas), and other domesticated animals, including bees and fur-bearing animals.
FARM
Includes any parcel or contiguous parcels of land or water bodies used for the purpose of agriculture, or accessory thereto.
FARMING
Shall encompass activities including, but not limited to, the following:
A. 
Operation and transportation of slow-moving farm equipment over roads within the Town;
B. 
Control of pests, including, but not limited to, insects, weeds, predators and disease organisms of plants and animals;
C. 
Application of manure, fertilizers and pesticides;
D. 
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;
E. 
Processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand, including signage thereto;
F. 
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
G. 
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 Bolton. 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 to those agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this bylaw shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law.[1]
[1]
Editor's Note: See Ch. 250, Zoning.
A. 
For the furtherance of the goals of this bylaw, there is hereby established an Agricultural Commission, to consist of five members, appointed by the Select Board, at least three of whom shall be representative of the Bolton farming community and one from the nonfarming, residential community. The term of appointment shall be for three years, timed to coincide with the Town's fiscal year. At the time said Commission is first appointed, one member shall be appointed for a term of one year, two members for a term of two years, and two members for a term of three years; all subsequent appointments shall be made for terms of three years. The appointing authority shall fill any occurring vacancy based on the unexpired term being vacated.
[Amended 5-3-2021 ATM by Art. 10]
B. 
The Agricultural Commission shall be authorized:
(1) 
To act as a spokesperson for the Bolton farming community.
(2) 
To present written or oral testimony in the context of public hearings before any Town board or committee.
(3) 
On its own initiative, to advise any Town board or committee on matters pertinent to the particular area of jurisdiction of that board or committee, insofar as the issue relates to the interests of agriculture.
(4) 
To advise the Select Board and/or any other Town board on any Town-wide issues relating to agriculture which, in the opinion of the Agricultural Commission, require a concerted Town action or response.
[Amended 5-3-2021 ATM by Art. 10]
(5) 
To respond to any request for information or advice from any Town board or committee.
(6) 
To provide public information or public education services regarding agriculture and the practice of agriculture in Bolton, or in general.
(7) 
To provide education and information for farmers in residential areas on how to minimize their impact on their neighbors.
(8) 
To serve, at the written request of any Town officer, board, or committee, as an arbitrator or negotiator in the resolution of disputes relating to agricultural issues, provided that no order or decision on the particular matter in question has already been issued by any Town entity legally authorized to do so; and that any resulting decision or recommendation shall be strictly advisory, and shall have no legal standing or definitive nature beyond the voluntary agreement of the parties to abide by it.
(9) 
To promote farming business and agriculture in Town, to create awareness through education, and the promotion of agriculture and its benefits to Bolton.
C. 
The Agricultural Commission, per se, is specifically not authorized:
(1) 
To acquire or hold property, real or personal.
(2) 
To act as an agent or representative of any individual or entity in any matter pending before any Town or state agency.
(3) 
To interfere with, litigate, or serve in any way as a conduit, agent, or forum for appeals relating to any decision made by a legally authorized Town officer or agency.
A. 
Right to farm notification: "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 residents that Bolton is a Right to Farm community where farming activities occur. Such farming activities may include, but are not limited to, activities that cause noise, dust and odors. Residents and property owners are also informed that the location of their property within the Town may be impacted by agricultural operations, including the ability to access water services for such property under certain circumstances."
B. 
A copy of this disclosure notification shall be posted by the Town to residents and property owners each fiscal year by mail in the Town census and in one or more of the following forms: Annual Report, official Town website, transfer station, or library.
A. 
Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Select Board, the Zoning Enforcement Officer, or the 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. The Zoning Enforcement Officer or Select Board may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance and report its recommendations to the referring Town authority within an agreed-upon time frame.
[Amended 5-3-2021 ATM by Art. 10]
B. 
The Board of Health, except in cases of imminent danger or public health risk, may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health within an agreed-upon time frame.
In the event that any part of this bylaw is, for any reason, held to be unconstitutional, invalid, or void by any court or agency of competent jurisdiction, it shall not be construed to affect the validity or the continuation and implementation of all other elements of this bylaw.