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.
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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.
