PART
TITLE
VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 40L. AGRICULTURAL
INCENTIVE AREAS
Chapter 40L: Section 1. Definitions
Section 1. Definitions.—as used in this chapter the
following words shall, unless the context clearly indicates otherwise, have the
following meaning:—
“Agricultural land”, land suitable for agricultural or
horticultural use, including land rated by the United States Department of
Agriculture Soil Conservation Service as Class 1 through Class IV, unique, or
of statewide or local area importance.
“Agricultural lands preservation committee”, committee established under the
provisions of section eleven B of chapter one hundred and thirty-two A.
“Commissioner”, commissioner of the department of food and
agriculture.
“Committee”, municipal agricultural incentive areas committee established
pursuant to section two.
“Department”, the department of food and agriculture.
“Land in agricultural or horticultural use”, land which meets the
requirements for such land for classification under chapter sixty-one A,
whether or not such land is so classified.
Chapter 40L: Section 2. Agricultural incentive area
committee
Section 2. The board of selectmen in a town or the
mayor of a city with approval of the city council may establish an agricultural
incentive area committee for the purpose of investigating, delineating, and
establishing an agricultural incentive area in the municipality, hereinafter
called area.
Said committee shall consist of seven members appointed by the board of
selectmen or by the mayor with the approval of the city council. Said members
shall include one member of the board of selectmen or city council, one member
of the planning board, one member of the conservation commission, three
residents of the municipality whose principal occupation is agriculture or
horticulture and one person from the public at large.
Each member shall serve for a term of three years, except that in the
initial appointments two members shall serve for a term of one year, three
members shall serve for a term of two years and two members shall serve for a
term of three years.
Any member of said committee so appointed may, after a public hearing if
requested, be removed for cause and a new member appointed by the appointing
authority.
All members of the committee shall serve without compensation.
The committee shall elect annually a chairman and vice-chairman from its own members and a secretary who need not be a member of
the committee. The committee shall hold an annual meeting in March and from
time to time at the call of the chairman or upon the request of any two
members. Four members of the committee shall constitute a quorum. The committee
may, by a vote of a majority of its members then in office, adopt rules and
regulations for the conduct of its business. Rules and regulations adopted may
be amended or repealed by a two-thirds vote of its members.
Chapter 40L: Section 3. Location of agricultural or
horticultural land; informational meetings
Section 3. The committee shall locate and map all
land in agricultural or horticultural use within the town or city showing such
soil classification information as is available from the United States
Department of Agriculture Soil Conservation Service. Such map or maps shall
indicate property boundaries, the owner of the land, and the present zoning
classification of said land. Conservation districts as established pursuant to
the provisions of chapter twenty-one, regional planning districts as
established pursuant to the provisions of chapter forty B, and the department
of food and agriculture shall make available to the committee such maps, data,
and other available information as is pertinent to the work of the committee.
The committee shall make available in one or more public places, the
aforementioned maps, and provide printed information to all affected
landowners. Said committee shall hold one or more public informational meetings
in order to explain the purposes and requirements of such agricultural
incentive areas. Notice of said meetings shall be given by registered mail to
all affected or abutting landowners and by publication.
Chapter 40L: Section 4. Establishment of agricultural
incentive areas; procedure
Section 4. Upon completion of the requirements of
section three, the committee shall formulate its recommendations for the
formation of an agricultural incentive area within the town or city. Such areas
shall be composed principally of agricultural land, land in agricultural or
horticultural use, and certain lands contiguous thereto. The committee shall
submit said recommendations to local conservation commissions, planning boards,
selectmen, or mayor or city manager, and city council, the area conservation
district and the regional planning district for their review, and comment
within thirty days from receipt thereof. Within the next sixty days following
the above mentioned review period, the committee may make such revisions as are
in their opinion indicated by said comments and shall hold a public hearing
within the municipality. Following the public hearing, the committee may adopt
as a plan the proposal or any revisions thereto it deems appropriate; provided,
however, that no land may be included in an agricultural incentive area plan
pursuant to this section unless the owner of the land has approved in writing
the inclusion of his land in the area. The committee shall act to adopt or
reject the proposed agricultural incentive area no later than thirty days from
the time of the public hearing. The adoption of an agricultural incentive area
plan shall be by a two-thirds vote of the committee. The committee shall submit
the area plan to the commissioner of food and agriculture for certification by
the agricultural lands preservation committee.
The agricultural lands preservation committee shall have sixty days after
receipt of the area plan within which to certify to the committee whether the
proposed plan is eligible, whether the area to be included consists primarily
of suitable agricultural land, and whether the plan of the proposed area
appears feasible. If the agricultural lands preservation committee disapproves
the area plan, it shall state its reasons for such disapproval in writing
together with such suggestions as it deems appropriate. If the agricultural
lands preservation committee fails to certify the area plan, the agricultural incentive
area committee may resubmit such plan only after the committee has held another
public hearing at which hearing any modifications proposed by the agricultural
lands preservation committee shall be considered.
Upon certification of an area plan by the agricultural lands preservation
committee, the agricultural incentive area committee shall submit the plan to
the selectmen or mayor. Approval of the area plan shall require a two-thirds
vote of the city council in a city or town meeting in a town. If approved, the
area shall be in effect sixty days from the date of approval.
If the area plan is approved by the city or town, the committee shall file a
description of the area and a map thereof with the chairman of the planning
board, the clerk of the municipality, and the commissioner. The selectmen,
mayor or city manager shall file such plan in the public restriction tract
index established pursuant to the provisions of section thirty-three of chapter
one hundred and eighty-four, of the appropriate registry of deeds.
Chapter 40L: Section 5.
Section 5. Land within an agricultural incentive
area shall not be sold for or converted to residential, industrial or
commercial use or removed from the area unless the city or town in which such
land is located and the department of food and agriculture on behalf of the
state has been notified of the intent to sell or convert to such other use or
remove said land from the area; provided, however, that the discontinuance of
the use of such land for agricultural or horticultural purposes shall not be
deemed a conversion to another use. Specific use of land for a residence for
the owner or a parent, grandparent, child, grandchild, or brother or sister of
the owner, or the surviving husband or wife of any deceased such relative, or
for living quarters for any person actively employed full time in the
agricultural or horticultural use of such land, shall not be deemed a
conversion to another use for the purposes of this section, and a certificate
of the board of assessors, recorded at the appropriate registry of deeds or
land registration office, shall conclusively establish that a particular use is
such use. Such notice of intent shall be sent by the landowner by registered
mail, return receipt requested, to the mayor and city council of a city, or to
the board of selectmen of a town, to its planning board and conservation
commission, and to the commissioner of the department of food and agriculture.
For a period of sixty days subsequent to the mailing of such notice, the city
or town, or the commonwealth shall have, in the case of intended sale, a first
refusal option to meet a bona fide offer to purchase said land or, in the case
of intended conversion to residential, commercial or industrial use not
involving sale and not specifically exempted herein, an option to purchase said
land at full and fair market value to be determined by impartial appraisal in
accordance with recognized professional standards. No sale or conversion to
another use of such land shall occur until either said option period shall have
expired or the landowner shall have been notified in writing by the mayor or board
of selectmen of the city or town in question, and by the commissioner that said
option will not be exercised. Such option shall be exercised by written notice
signed by the mayor or board of selectmen or by the commissioner mailed within
the option period to the landowner by registered mail at such address as may be
specified in his notice of intent and recorded with the appropriate registry of
deeds or land registration office. Such option may only be exercised by the
municipality or the department upon a showing that there are sufficient funds
available to exercise said option.
The notice of intent, notice of exercise of the option and notice of nonexercise of the option, shall contain the name of the
record owner of the land and a description of the premises so to be sold or
converted adequate for identification thereof.
The option to purchase may be exercised by the commissioner, or municipality
acting jointly or individually in one or more of the following ways; provided,
however, that a determination has made made in
writing that such purchase will likely result in the land remaining actively
devoted to agricultural, horticultural, or agricultural and horticultural use
as defined in sections one to five, inclusive, of chapter sixty-one A:
(a) purchase of all or part of the property in fee;
provided, however, that there is a purchaser for the remaining property.
(b) purchase of an agricultural preservation
restriction on all or part of the property pursuant to the provisions of
section eleven A to eleven D, inclusive, of chapter one hundred and thirty-two
A; provided however, that there is a purchaser for the remaining property and
the residual agricultural interest in the property under the above restriction.
(c) purchase of all or part of the property by a private land trust or other
charitable corporation which has received authorization from the commissioner
to exercise such option on behalf of the department of food and agriculture for
the purpose of acquiring an agricultural preservation restriction on the
agricultural land provided, however that such trust or charitable corporation
has been established at least twelve months prior to such notice of intent.
If the municipality or the commissioner does not exercise said option to
purchase, said land shall be removed from the area.
The provisions of this section shall not be applicable with respect to a
mortgage foreclosure sale, except that the holder of a mortgage shall, at least
thirty days before a foreclosure sale, send written notice, by registered mail,
of the time and place of such sale, to the parties and in the manner provided
for in this section for notice of intent to sell or convert.
Notwithstanding the aforesaid provisions, a landowner may notify the
committee by registered mail, return receipt requested, of his intent to
withdraw from an agricultural incentive area. Said withdrawal shall be
effective two years from the date of said notification.
Chapter 40L: Section 6. Property tax; assessment
Section 6. Land in an agricultural incentive area,
determined by the local assessor to be actively devoted to agricultural,
horticultural, or agricultural and horticultural use as defined in sections one
to five, inclusive, of chapter sixty-one A, shall be assessed for general
property tax purposes at values no greater than those determined by the methods
and provisions of section ten of said chapter sixty-one A.
Chapter 40L: Section 7. Special or betterment assessments
Section 7. Land in an agricultural incentive area,
determined by the local assessor to be actively devoted to agricultural,
horticultural, or agricultural and horticultural use as defined in sections one
to five, inclusive, of chapter sixty-one A and which is subject to special
assessments or betterment assessments shall be so assessed as provided under
section eighteen of said chapter sixty-one A.
Chapter 40L: Section 8. Eligibility of area for purchase
of agricultural preservation restrictions; priority
Section 8. Land in an agricultural incentive area
shall receive priority for a determination of eligibility for the purchase of
agricultural preservation restrictions by the commonwealth pursuant to the
program established by section eleven A to eleven D, inclusive, of chapter one
hundred and thirty-two A.
Chapter 40L: Section 9. Rules and regulations
Section 9. The commissioner of the department of
food and agriculture is hereby empowered to promulgate such rules and
regulations and to prescribe such forms as he shall deem necessary to
effectuate the purposes of this chapter.
Chapter 40L: Section 10. Local acceptance of chapter
Section 10. The provisions of this chapter shall
apply in a city after acceptance by a majority vote of the city council with
the approval of the mayor, in the case of a city with a Plan A, Plan B or Plan
F charter; by a majority vote of the city council, in the case of a city with a
Plan C, Plan D or Plan E charter; by a majority vote of the annual town meeting
or a special town meeting called for the purpose, in the case of a municipality
with a town meeting form of government; or by a majority vote of the town
council, in the case of a municipality with a town council form of government.