ASHFIELD RIGHT TO FARM BYLAW
Town Meeting Certified Vote
I, Maryellen Cranston, hereby certify that I hold the Office of Town Clerk, of the Town of Ashfield in the County of Franklin and Commonwealth of Massachusetts; that the following is a true copy of the vote taken at the Annual Town Meeting held May 6, 2006.
ARTICLE 23: Motion was made, and seconded, that the Town vote to approve the Right To Farm Bylaw upon approval of the Attorney General.
Section 1 – Legislative Purpose and Intent
The purpose and intent of this Bylaw is to reaffirm the Right to Farm accorded to all citizens of the Commonwealth under Article 97, of the Constitution, and all state statutes and regulations thereunder, including but not limited to Massachusetts General Laws, Chapter 40A, Section 3, Paragraph I; Chapter 90; Section 9, Chapter 111, Section 125A; and Chapter 128, Section 1A. We, the citizens of Ashfield, restate and republish these rights pursuant to the Town’s authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution (“Home Rule Amendment”).
This General Bylaw encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects and conserves farmlands within the Town of Ashfield by allowing agricultural uses and related activities to function with minimal conflict with abutters and local agencies. This Bylaw shall apply to all jurisdictional areas within the Town of Ashfield.
Section 2 – Definitions
A farm shall include any parcel or contiguous parcels of land or water bodies used for the primary purpose of commercial agriculture, or accessory thereto. The operator of a commercial farm must be able to demonstrate commercial intent, such as with a farm business plan, Schedule F IRS form, sales tax I.D. number, or other means. Farming or agriculture, or their derivatives shall include, but not be limited to, the following:
- farming in all its branches and the 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 Christmas trees;
- cultivation of sugar maple trees for the production of maple products;
- growing and harvesting of forest products and any other forestry or lumbering operations; raising of livestock, including horses;
- keeping of horses as a commercial enterprise;
- keeping and raising of poultry, swine, cattle, sheep, rabbits, ratites, camelids and other domesticated animals for food and other agricultural purposes, including fiber and fur-bearing animals;
- · keeping of honey bees.