Maybe in My Backyard? Massachusetts Right to Farm Laws

 

By SLN Attorney Jenna Ordway


The United States boasts a rich and long-standing agricultural history. The term “Agriculture” covers a broad spectrum of activities; including everything from massive corn and soybean farms to the local horse-back-riding stable to the small-scale poultry grower to Christmas tree farms. Regardless of their agricultural niche, most everyone in the agricultural industry faces a common risk: the encroachment of urban development into traditional agricultural areas by persons unfamiliar with farming, farming practices, and the common noises and smells farmers have come to know and love.

This surge in urban encroachment has brought a rise in the number of nuisance complaints against farmers. Including complaints concerning odors, flies, dust, noise from fieldwork, spraying of farm chemicals, slow moving farm machinery, and other natural byproducts of farming operations. To provide a defense against these crippling nuisance suits and to protect agricultural operations, the majority of states, Massachusetts included, have enacted Right-to-Farm statutes.

The Massachusetts Right-to-Farm statute, which emphasizes the right to farm accorded to all citizens of the Commonwealth under Article 97 of the Massachusetts Constitution, states,

No action in nuisance may be maintained against any person or entity resulting from the operation of a farm or any ancillary or related activities thereof, if said operation is an ordinary aspect of said farming operation or ancillary or related activity; provided, however, that said farm shall have been in operation for more than one year. This section shall not apply if the nuisance is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted agricultural practices. 

M.G.L. c. 243, § 6.

This statute, and other various related statutes, provides a substantial defense to farmers against neighbors uninitiated to the sights and smells of a farm. Farms located in mixed neighborhoods, or who are sitting on prime real estate, or who are essentially the “last farm standing” in their area, often face pressure from surrounding residents that cause towns to take some form of action.  Though many towns have enacted the Right-to-Farm statutes into their by-laws, many others are unfamiliar with the Right-to-Farm statute, which sets forth specific procedures for towns filing nuisance complaints. If a farm is the subject of a nuisance complaint and receives a notice to abate from their town, it is important to obtain prompt legal advice as the farm only has ten (10) days from receipt of the notice to file a petition to review with the court.

Whether you have an issue with your town or just your surrounding neighbor(s), consulting an attorney familiar with Massachusetts’ Right-to-Farm laws may save you substantial time and money down the road, especially when it comes to determining whether your property falls under the safe harbor provided by the Right-to-Farm statutes. Farming is a treasured part of our history and it’s important that we safeguard our right to farm so that it may continue as a valued part of our future.

Attorney Jenna Ordway is an associate at Smith Lee Nebanzahl, LLP and admitted to practice law in Massachusetts. Her interest in Agricultural law stems from her long-time involvement with horses. She recognized the difficulty farmers face securing representation by an attorney who understood a farm’s day-to-day operations, especially when the farm iss located close to an urban or sububan environment. In addition to practicing law, Jenna continues, with her family, to operate Althea Farm, a horse boarding facility in Sharon, Massachusetts, in existence for over 15 years.