[HISTORY: Adopted by the Annual Town Meeting of the Town
of Chelmsford 4-25-2011 by Art. 19. 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,[1] and all state statutes and regulations thereunder including
but not limited to MGL c. 40A, § 3, Paragraph 1; c. 90,
§ 9; c. 111, § 125A; and c. 128, § 1A.
We the citizens of the Town of Chelmsford restate and republish these
rights pursuant to the Town's authority conferred by Article 89[2] 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 farmlands within
the Town of Chelmsford 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.
Shall include any parcel or contiguous parcels of land, or
water bodies used for the primary purpose of commercial agriculture,
or accessory thereto.
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;
Composting of farm and non-farm compostable materials;
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, sale and 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 on-farm relocation of earth and the
clearing of ground for farming operations;
Burning of brush in a controlled and safe manner after issuance
and receipt of a permit issued from the Chelmsford Fire Department
that such burning shall satisfy all of the conditions of the regulations
and guidelines of the Chelmsford Fire Department and as set forth
in 310 CMR 7.07(3)(b) and (c).
Shall include, but not be limited to, the following:
Farming in all its branches and the cultivation and tillage
of the soil;
Dairying;
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, 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.
The right to farm is hereby recognized to exist within the Town
of Chelmsford. 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
commercial agricultural and farming operations and activities conducted
in accordance with generally accepted agricultural practices. Keeping
and raising of poultry, 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, shall not be governed by local animal fee bylaw.
Moreover, nothing in this Right To Farm 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.
On an annual basis notification will be printed in two local
newspapers:
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"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, dust and odors. Buyers or occupants are also informed
that the location of property within the Town may be impacted by commercial
agricultural operations including the ability to access water services
for such property under certain circumstances."
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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 6-17-2021 ATM by Art. 29]
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.
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 Chelmsford hereby declares the provisions of this bylaw
to be severable.
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{END OF CHAPTER}
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