By Miryam Ehrlich Williamson
It happens way too often: People from the city or suburbs, seeking a less expensive place to live or thinking that rural life is cool or less stressful, move to the country. Before long they find themselves offended by the sounds and smells of farming. Then they start looking for someone in authority to complain to.
When I chaired the selectboard in my tiny town, periodically I’d get a phone call from a woman offended by the unkempt looks of a working farm half a mile from her house. For sure, the sight was unattractive — a rundown barn, a rundown house, old farm equipment rusting in a field. The farm grazed cattle and raised hogs, and the farmer didn’t stir the swill often enough to prevent anaerobic bacteria from raising a stink. You had to drive up close to the hog pen to smell the rotting garbage, and it wasn’t on the way to anywhere, so I discounted the smell part of her complaint, but didn’t need to tell her that.
I didn’t blame her for wanting her town to be pretty, but I couldn’t give her much sympathy, either. The farm was there before she came. The people who lived on the farm were too busy earning their living to plant flowers in the dooryard, too poor to fix the barn as long as it did what they needed it to do, which was keep the winter’s hay dry.
I told her to call the Board of Health if she thought there was a hazard to the public health (she didn’t.) I told her I’d put her on the selectboard agenda if she wanted to come in and complain, but that I wasn’t about to summon the farmer to the meeting unless the other two board members thought there was some violation we should get involved in (knowing they wouldn’t.) Eventually she gave up. She was a nice lady, with a blind spot. She lived in a farming community and didn’t want to look at a real working farm.
Today, more than 20 Massachusetts towns have adopted Right to Farm bylaws, which have the dual benefit of protecting farmers from being harassed by people who don’t want to know about the nitty-gritty of farming, and of protecting people from buying property without knowing they’ll be living within range of a working farm.
Tonight, voters in the Massachusetts town of Westminster, 53 miles northwest of Boston with a population just over 6,000, will go to a special town meeting to consider, among other things, whether to adopt a Right to Farm bylaw. It’s article 16 on the meeting warrant (that’s New English for agenda), so if the meeting doesn’t complete work on the first 15 articles by 11 p.m., they’ll come back tomorrow night to finish.
There’s lots of legal wording to the bylaw, but here’s what reporters call the “nut graph” — the paragraph that tells you what it all means. (The paragraph that begins with “Today,” is the nut graph in this story.)
The Right to Farm is hereby recognized to exist within the Town of Westminster. The above-described agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The benefits and protections of this By-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right to Farm Bylaw shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law.
And, to protect people contemplating buying property in the town, the bylaw asks people selling property to furnish the following notice to prospective buyers:
It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform buyers that the property they are about to acquire lies within a town where farming activities occur. Such farming activities (which may occur on holidays, weekdays, and weekends by night or day) may include, but are not limited to, activities that cause noise, dust and odors. Occupying land within Westminster means that one should expect and accept such conditions as a normal and necessary aspect of living in such an area.”
Westminster, if it passes the bylaw, will only ask sellers to issue this notification. Some towns actually require it.
It’s not just in Massachusetts that Right to Farm bylaws and ordinances are being adopted. A quick search found that the Washington State counties of Snohomish, Skapit, and Kittitas have them too. I don’t doubt there are many others.
Here in my town, I’m going to see if we can get such a bylaw adopted at our annual town meeting next May. The Massachusetts agriculture department provides a sample bylaw here. The one Westminster will vote on tonight is here.
If your town has one, I’d love it if you’ll tell us about it, what it took to get it adopted, and how it’s working.
Posted on November 18th, 2008 by MiryamEhrlichWilliamson
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