Amendment #65 to H4789

Agritourism

Mr. Schmid of Westport moves to amend the bill by adding the following 4 sections:-

SECTION XXXX. Section 3 of chapter 40A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “floriculture”, in lines 6, 10, 24, 29, 31 to 32, 40 and 47, in each instance, the following words:- , agritourism.

SECTION XXXX. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by inserting, after the words “chapter 128”, in line 37, the following words:- , the word “agritourism” shall be as defined in section 1B of said chapter 128.

SECTION XXXX. Said section 3 of said chapter 40A, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph:-

Nothing in this section shall be construed to prevent any of the zoning ordinance or by-law exemptions under this section applying to land on which agritourism activities take place; provided, that the uses of this land and the structures thereon conform with the requirements of the first paragraph of this section. In considering whether land is used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, the presence or lack of agritourism activities located thereon shall not be the sole basis for granting or refusing to grant this consideration.

SECTION XXXX. Chapter 128 of the General Laws is hereby amended by inserting after section 1A the following section:-

Section 1B. (a) For the purposes of this section, the term "Agritourism" shall mean an agriculturally related educational, entertainment, historical, cultural, commercial or recreational activity that allows or invites members of the general public to observe, participate in, experience and enjoy that activity, and that primarily serves to encourage the purchase of agricultural products grown on the land where the activity takes place.

(b) Agritourism may be conducted on land primarily used for commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. Agritourism may be conducted on land not primarily used for commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture if: (i) at least 75 per cent of the acreage of said land is dedicated to agriculture; (ii) at least 50 per cent of the agricultural product produced on said land, by either gross annual sales or annual volume, is utilized in agritourism activities; (iii) at least 25 per cent of the gross annual income from all activities on the land on which the agritourism activity is located results from the sale of products that have been produced on said land and at least; and (iv) an additional 50 per cent of the gross annual income from all activities on said land results from the sale of products that have been produced on said land or on land in Massachusetts used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture.

Additional co-sponsor(s) added to Amendment #65 to H4789

Agritourism