HOUSE DOCKET, NO. 783        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 772

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Keiko M. Orrall and Paul A. Schmid, III

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to clarify allowable activities on land under an agricultural preservation restriction.

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PETITION OF:

 

Name:

District/Address:

Date Added:

Keiko M. Orrall

12th Bristol

 

Paul A. Schmid, III

8th Bristol

1/18/2013

Carolyn C. Dykema

8th Middlesex

2/1/2013

James B. Eldridge

Middlesex and Worcester

1/31/2013

Denise C. Garlick

13th Norfolk

1/29/2013

Kenneth I. Gordon

21st Middlesex

1/31/2013

Stephen Kulik

1st Franklin

1/30/2013

Sarah K. Peake

4th Barnstable

 


HOUSE DOCKET, NO. 783        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 772

By Representatives Orrall of Lakeville and Schmid of Westport, a petition (accompanied by bill, House, No. 772) of Keiko M. Orrall and others relative allowable activities on land under an agricultural preservation restriction.  Environment, Natural Resources and Agriculture.

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Thirteen

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An Act to clarify allowable activities on land under an agricultural preservation restriction.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 23 of Chapter 20 of the General Laws is hereby amended by inserting the following after section (b): (c) Movement, removal and alteration of soil which conducted on a property under an Agricultural Preservation Restriction, which is consistent with the normal maintenance and improvement of agricultural land and related to farming operations described in MGL 128 S1a shall be determined not to defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth provided: 1) all soil is kept on the site of the Agricultural Preservation Restriction; 2) soil is appropriately stabilized to prevent runoff and loss; 3) the general consistency and makeup of the soils is not degraded or significantly altered; 4) the location from which the soil is removed can be returned to or near to its previous state.  Further, such activities shall not be subject to the requirements of a special permit as described in (b) or approval by DAR, the Agricultural Lands Preservation Committee or other entity. described in (b) or approval by DAR, the Agricultural Lands Preservation Committee or other entity.