2017-03-08 BOS Packet - Released

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DRAFT RIGHT TO FARM BY-LAW Lexington, Massachusetts 2017 Annual Town Meeting Section 1 Legislative Purpose and Intent This "Right to Farm" By-law establishes a process by which the Town of Lexington will provide information to all present and future residents regarding existing state law pertaining to agriculture. The mechanism for providing notice is to be determined by the town. This By-law provides no new benefits or protections beyond those already contained in the Massachusetts State laws. The purpose and intent of this By-law is to embrace and explain the rights to farm accorded to all citizens of the Commonwealth under Article 97, of the Articles of Amendment of the Constitution, and all state statutes and regulations thereunder including but not limited to Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9; Chapter 111, Section 125A; and Chapter 128, Section IA. We the citizens of Lexington 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 By-law shall apply to all jurisdictional areas within the Town. 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. The words "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; •Farmers markets, CSA programs; •Growing and harvesting of forest products upon forest land, 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 bees, fiber, fur- bearing animals, and any forestry and lumbering operations; •Preparations for market, delivery to storage or to market or to carriers for transport to market. Farming in Lexington may encompass activities including, but not limited to, the following: •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; •Storage and application of manure, fertilizers and pesticides;