Right to Farm” Community

Right to Farm” Community

Welcome to Amherst! We are a proud “Right to Farm” Community Farming has been a part of Amherst’s history for over 250 years. We grow everything from apples to alpacas, from beef to barley, from flowers to fennel, from tomatoes to turmeric – our farms generate both traditional and brand new crops and products! With over 50 active farms and 2,000 acres of protected farmland, Amherst enjoys many benefits from its strong farm economy, and we are committed to preserving our agricultural heritage and supporting the future of farming in our community. If you are a new resident in Amherst, we hope you will appreciate and enjoy the many benefits that our farmers and farmlands offer to the whole community! What is a “Right to Farm” Bylaw? A Right‐to‐Farm Bylaw is a general bylaw that encourages the pursuit of agriculture, promotes agriculture‐based economic opportunities, and protects farmlands within the community by allowing agricultural uses and related activities to function with minimal conflict with abutters and town agencies. Why do we need a Right-to-Farm Bylaw? Over the past 30 years, as productive farmland has been converted to residential development, persons new to farming are moving into traditional agricultural areas. New rural residents may be surprised to discover that the beautiful agricultural landscape is sometimes accompanied by odors, noise from field work, and other necessary byproducts of farming operations. Many states, including Massachusetts, have adopted Right‐to‐Farm language in the state statutes to protect farmers from nuisance lawsuits from neighbors, and to create public awareness regarding the needs of local farms and farmers. How does a Right-to-Farm Bylaw work? The Right‐to‐Farm bylaw is based on Commonwealth of Massachusetts statutes and regulations that protect agricultural activities, such as MGL Chapter 40A, Section 3; Chapter 90, Section 9; Chapter 111, Section 125A and Chapter 128 Section 1A. A town right‐to‐farm bylaw or ordinance restates and republishes these rights pursuant to a town’s authority conferred by Article 89, or the “Home Rule Amendment” of the MA Constitution. Amherst adopted its Right‐to‐Farm Bylaw in April 2008. The text of Amherst’s Right‐to‐Farm Bylaw can be accessed via the Town’s website: www.amherstma.gov . (Source for some text in flyer: Pioneer Valley Planning Commission – www.pvpc.org) The Amherst Right-to-Farm Bylaw includes the following Home Buyer Disclosure Notification: “It is the policy of the Town of Amherst 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 that the property they are about to acquire 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. Purchasing, and henceforth occupying land within Amherst means that one should expect and accept such conditions as a normal and necessary aspect of living in Amherst.” .

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