{"AmendmentNumber":"169","ParentBillNumber":"H5562","Bill":null,"Sponsor":{"Id":"P_M1","Name":"Paul McMurtry","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/P_M1","ResponseDate":"2026-07-06T14:37:03.307"},"Category":null,"Action":"Consolidated","RollCall":[],"Title":"Supporting locally grown produce and small farms in the Commonwealth","Branch":"House","RedraftNumber":null,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Mr. McMurtry of Dedham moves to amend the bill by inserting the following new section: SECTION XX. The first paragraph of section 3 of chapter 40A of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products; provided, that either annually or during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee at least: (i) 15 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located; and (ii) 35 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced in the commonwealth on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or fewer or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture.\r\n"}