Plymouth Agricultural Committee

ARTICLE 21.  To see if the Town will vote to establish the Right to Farm By-Law.

Section 1 Legislative Intent

The purpose of this Article is to restate farm protections that already exist in state law (see appendix) so they are understood and implemented at the local level.

This Right to Farm By-Law does not seek to change state laws, but to bring them together into one local by-law to enhance local understanding of the right to farm. The Right to Farm By-law also encourages the pursuit of agriculture, promotes agricultural based economic opportunities, and protects farming in the Town of Plymouth by allowing agricultural uses and related activities to function in minimal conflict with abutters and town agencies. The By-Law shall apply to all jurisdictional areas within the Town.

The benefits and protections of this By-Law are intended to apply exclusively to those agricultural operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right to Farm By-law shall be deemed as acquiring any interest in land, or as imposing any land use regulations, which is properly the subject of state statute, regulations, or local zoning law.

Section 2 Definitions

The word “farm” shall include any parcel or contiguous parcels of land or water bodies used for the primary purpose of agriculture, or accessory thereto, as defined by the Commonwealth.  The Commonwealth definition is at present that of Chapter 61A: a farm must contain at least 5 acres.

The words “farming” and “agriculture” or their derivatives shall include, but not be limited to, the following:

• 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;

• The raising and keeping of horses

• Raising and keeping of livestock including poultry, swine, cattle, ratites (such as emus and ostriches) and camelids (such as llamas and camels) and other domesticated animals for food and other agricultural purposes, including bees and furbearing animals

“Farming” shall encompass activities including but not limited to:

• 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 farmers’ 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; and

• On-farm relocation of earth and the clearing of ground for farming operations

Section 3 Right to Farm Declaration

The Right to Farm is hereby recognized to exist within the Town of Plymouth. 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.

Section 4 Disclosure Notification

Within 30 days after this by-law becomes effective, the Board of Selectmen shall prominently post in the Town Hall, on the official Town Website, and make available for distribution the following disclosure:

“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 agricultural operations including the ability to access water for such property under certain circumstances.”

Section 5 Resolution of Disputes

Early and effective resolution of farm related issues is strongly encouraged by the establishment of an Agricultural Committee.  Any person who seeks to complain about the operation of a farm may notwithstanding pursuing any other available remedy, file a written grievance with the Agricultural Committee.

The Board of Selectmen may forward a copy of a grievance that they receive to the Agricultural Committee.

The Board of Health, except in cases of imminent danger or public health risk, may also forward a copy of a grievance to the Agricultural Committee.

The Agricultural Committee shall review and facilitate the resolution of the grievance, and report its written recommendations to the referring town authority within an agreed upon time with all involved parties.

Section 6  Severability Clause

If any part of this By-law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of the By-law. The Town of Plymouth hereby declares the provisions of this By-law to be severable.

Or take any other action relative thereto

THE TOWN OF PLYMOUTH OPEN SPACE COMMITTEE

Appendix to Article 21

1. Article 97 of the Massachusetts Constitution ensures “the protection of the people in their right to the conservation, development and utilization of the agricultural and other natural resources”

1. Mass. General Laws Chapter 40A, section 3, paragraph 2 furthers this goal by stating that no local zoning bylaw may prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of agriculture

1. Other state laws such as Chapter 111, Section 125A provide additional protection and incentives for agriculture.

1. The Right to Farm By-law and the Agricultural Committee will improve the opportunity for state funding for many projects in Plymouth by adding points to Plymouth’s Commonwealth Capital score (3 points for the Right to Farm By-law and 3 points for the Agricultural Committee), for example: 

For fiscal year 2010 the Commonwealth Capital policy will apply to the following grant and loan programs offered by the Executive Offices of Administration and Finance, Energy and Environmental Affairs, Housing and Economic Development, and Transportation and Public Works.  All municipalities seeking funding from these programs will need to submit a Commonwealth Capital application in order to receive points associated with their smart growth / smart energy consistency: 

1. Public Works Economic Development Program (EOTPW)
2. Transit Oriented Development Bond Program (EOTPW)
3. Water Transportation Capital Funding Program- (EOTPW)
4. Small Town Road Assistance Program- (EOTPW)
5. Community Development Action Grant Program (EOHED-DHCD)
6. Massachusetts Opportunity Relocation and Expansion (MORE) Jobs Capital Program- (EOHED-MOBD)
7. State Revolving Fund (EOEEA - DEP)
8. LAND (formerly Self-Help) Program (EOEEA- DCS)
9. PARC (formerly Urban Self-Help Program) (EOEEA - DCS)
10. Drinking Water Supply Protection Grant Program (EOEEA)
11. Coastal Pollutant Remediation Grant Program (EOEEA - CZM)
12. Alternative Energy Property Program- (EOEEA  - DOER)
13. Municipal Sustainability Grant Program (formerly the Solid Waste Management & Recycling Technical Assistance & Regulatory Development Program) - (EOEEA- DEP)
14. Off-Street Parking Program (EOAF)

http://www.mass.gov/Agov3/docs/smart_growth/commcap_summary_fy10.rtf

http://www.mass.gov/Agov3/docs/smart_growth/commcap_application_fy10.rtf

ARTICLE 22.  To see if the Town will vote to establish an Agricultural Committee.

For the purpose of this Article, agriculture shall include but shall not be limited to the production of crops, livestock, horticulture, aquaculture, the keeping and boarding of horses or livestock for personal or commercial purposes, forestry, nurseries, greenhouses, and related activities.

The Agricultural Committee shall

• Serve as facilitators for encouraging the pursuit of agriculture in Plymouth

• Promote agricultural based economic opportunities

• Act as advocates, educators and/or negotiators on agricultural issues

• Work for the preservation of agricultural lands

• Pursue all initiatives appropriate to creating a sustainable agricultural community

• Encourage early and effective resolution of farm related disputes

The following procedure is hereby encouraged to enhance early and effective resolution of farm related issues:

Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a written grievance with the Agricultural Committee.

The Board of Selectmen may forward a copy of a grievance that they receive to the Agricultural Committee.

The Board of Health, except in cases of imminent danger or public health risk, may also forward a copy of a grievance to the Agricultural Committee.

The Agricultural Committee shall review and facilitate the resolution of the grievance, and report its written recommendations to the referring town authority within an agreed upon time with all involved parties.

The Committee shall consist of seven members appointed by the Board of Selectmen. Four members shall be actively engaged in farming, and three members shall be at-large. Members shall serve staggered three-year terms, with two of the initial members serving three-year terms, two serving two-year terms, and three serving a one-year term.

Or take any other action relative thereto

TOWN OF PLYMOUTH OPEN SPACE COMMITTEE