HOUSE DOCKET, NO. 453        FILED ON: 1/22/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 859

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Natalie M. Blais

_________________

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 modernize certain provisions of the agricultural preservation restriction program.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Natalie M. Blais

1st Franklin

1/22/2021

Steven S. Howitt

4th Bristol

2/25/2021

Mathew J. Muratore

1st Plymouth

2/26/2021

David F. DeCoste

5th Plymouth

2/26/2021

Susan Williams Gifford

2nd Plymouth

2/26/2021

Paul McMurtry

11th Norfolk

2/26/2021

Joan B. Lovely

Second Essex

3/22/2021

Norman J. Orrall

12th Bristol

3/31/2021

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

4/20/2021


HOUSE DOCKET, NO. 453        FILED ON: 1/22/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 859

By Ms. Blais of Sunderland, a petition (accompanied by bill, House, No. 859) of Natalie M. Blais and others relative to certain provisions of the agricultural preservation restriction program.  Environment, Natural Resources and Agriculture.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act to modernize certain provisions of the agricultural preservation restriction program.

 

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

SECTION 1. Section 23 of chapter 20 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 84, the words “a maximum of 5 years duration” and inserting in place thereof the following words:- a period of at least 1 year.

SECTION 2. Subsection (b) of said section 23 of said chapter 20, as so appearing, is hereby amended by adding the following 3 sentences:- Notwithstanding the foregoing, the department may approve a special permit for a trial period of 1 year to evaluate a proposal for nonagricultural activities. If a special permit is issued to a permit holder for a 1-year trial period under this subsection, the department shall notify the permit holder of the department’s decision to renew, revoke or amend the permit within 1 year of the date of issuance. If the department fails to notify the permit holder within 1 year of the date of issuance of a special permit of its decision to renew, revoke or amend the special permit, the special permit shall automatically be renewed for a period of 5 years.”.

SECTION 3. Said section 23 of said chapter 20, as so appearing, is hereby further amended by striking out, in line 112, the words “for a special permit authorized in subsection (b)” and inserting in place thereof the following words:- any landowner of land subject to an agricultural preservation restriction who is subject to and aggrieved by a decision of the department relative to a special permit authorized under subsection (b), including a decision regarding the renewal, revocation, amendment to or length of a special permit”.