Bill Text: MA H3477 | 2009-2010 | 186th General Court | Introduced
Bill Title: Regulate restrictions on land used for farming under the public health law
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-07-14 - Read second and ordered to a third reading [H3477 Detail]
Download: Massachusetts-2009-H3477-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Stephen Kulik
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to protect farm viability.
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PETITION OF:
|
Name: |
District/Address: |
|
Stephen Kulik |
1st Franklin |
|
John W. Scibak |
2nd Hampshire |
|
Anne M. Gobi |
5th Worcester |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
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An Act to protect farm viability.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Chapter 111 of the General Laws is hereby amended by inserting after section 32A the following section:—
Section 32B. No ordinance, by-law, or regulation shall prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, except that all such activities may be limited to parcels of 5 acres or more in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No ordinance, by-law, or regulation shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term "agriculture'' shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof. Said nursery stock shall be considered to be produced by the owner or lessee of the land if it is nourished, maintained and managed while on the premises.
