[Massplanners] Any Planners in a Right to Farm community that can help with Special Permit ?s

[Bryon Clemence]

An interesting question, Frank. Hopefully someone has specific experience with this. Here are my initial thoughts.

 

Generally, I would say reconditioning soil is a standard farming practice and is exempt. Also, your bylaw specifically covers on-farm relocation of soil, and what you describe seems similar. 

 

However, I would want to know more about what they're doing. You say that truckloads of soil have entered and exited the farm. Reconditioning soil typically involves adding soil amendments, but not soil itself. It would not involve removing soil from the property. 

 

If they are, in fact, removing soil, or other materials, from the property, I would look closely at that. 

 

I hope this helps.  

 

Thanks, 

Bryon 

 

Bryon Clemence, P.E. 

Farmer, environmental engineer, member Boxborough Agricultural Commission and Water Resources Committee 

Boxborough MA 

 

On Sat, Jun 14, 2025, 3:27 PM Frank O'Connor via MassPlanners <massplanners at masscptc.org <mailto:massplanners at masscptc.org> > wrote:

Hello, Planners ~ hope all is well.

 

If you were a Planner in a Right To Farm Community, past or present, would you please help us with a situation of Soil Export & Importation on a Farm?

 

Georgetown is working with a farming family that has 61-A status and more that 20 acres.  There is produce being grown and some animal husbandry.  It is a farm.

 

 

The challenge is that Georgetown is a Right to Farm community and the farmers are working to recondition the soil for an organic farm.  However, there are truck loads of soil that have entered and exited the farm, which would require a Special Permit.   There is no local exemption for a farm from the bylaw that requires the Soil Export / Import permit.  My reading of the State’s Right to Farm law leads me to think that the farmers can condition the soil as they see best.

 

I am sharing with you the links to the Right to Farm State Law: https://mfbf.net/file/14/RIGHT-TO-FARM-LAWS11.pdf   as well as the Local Georgetown Right to Farm bylaw: https://ecode360.com/GE1475/laws/LF2145803.pdf  

 

Have any of you come across a similar scenario where the Farmers believe they do not need the Local Special Permit because the State Law does not require it?

 

Any help (or sharing a decision) would be appreciated.

 

 

All the best,

Frank O’Connor, Jr.

Planning Dept.

One Library St. <https://www.google.com/maps/search/Library+St.+%0D%0A+Georgetown,+MA++01833-2052?entry=gmail&source=g> 

Georgetown, MA  <https://www.google.com/maps/search/Library+St.+%0D%0A+Georgetown,+MA++01833-2052?entry=gmail&source=g>  01833-2052 <https://www.google.com/maps/search/Library+St.+%0D%0A+Georgetown,+MA++01833-2052?entry=gmail&source=g> 

 

978-352-5713  Economic Development Hotline

 

 

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