Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 18.00 - Land Use
Section 18.02 - Vacant Public Land Licensing

(a) The Department shall, with the cooperation of other state agencies, cities and towns, compile a list of all vacant land, which in the opinion of the agencies, cities and towns, can be feasibly used for gardening, arbor culture or farming.

(b) The Department shall, by letters of agreement, contract with such agencies, cities or towns for the use of said vacant land. Contracts may contain a termination date. If no date is determined, either party may terminate the contract by providing 60 days written notice; but no contract shall be terminated until the end of the harvest season. The Department shall notify the gardeners or farmers of the notice of termination.

(c) Owners of land may make available to the Department parcels of land for the purposes set forth in M.G.L. c. 128, § 7B under terms and conditions agreed upon between the owners and the Department, and the Commonwealth, the department and all of its officers, agents and employees shall be saved harmless as provided in M.G.L. c. 128, § 7B.

(a) Unless terms have been dictated by special legislation, licensing procedure shall follow the Division of Capital Asset Management and Maintenance's procedures for licensing state-owned real property.

(b) Licensing shall be for an initial period not to exceed five years and may be extended for an additional five year term.

(c) One-year permits may be issued by the Department where circumstances preclude a longer license.

(d) Application Procedures:

(e) The land use plan submitted with the application shall be incorporated into the license and the applicants must agree to maintain the land in a condition consistent with said land use plan. If the applicants fail to maintain the land according to the plan, the Department may terminate the license according to the terms.

(f) The RFP may specify the Vacant Public Land may be used for other public purposes including public access and/or use for recreation in the off season, rights of way, easements, and restrictions of record.

(g) Priority in the allotment of Vacant Public Land for Garden and Arbor purposes shall be given to Elderly persons of low income, Families of low income and children between seven and 16 years of age.

(a) All licensees shall use good agricultural/horticultural and soil conservation practices.

(b) The Department or controlling agency may require such practices as the use of cover crops, vegetative strips along waterways, wildlife cover and food strips, contouring, strip planting, and may restrict the use of fertilizers, herbicides, insecticides, or other chemicals.

(c) At the end of the permit or license period, the land shall be in at least as good condition as it was at the beginning of such period.

(a) Retail sales of farm products on the Vacant Public Land shall not be permitted except when specific permission in writing is granted by all agencies having a controlling interest in the land, and an adequate amount of liability insurance is maintained by the permit holder or lessee.

(b) Products grown in Gardens and Arbors shall not be sold.

(c) Permanent structures may be erected with prior approval of the Department and shall remain with the land.

(d) Temporary structures, including fencing, necessary to the farm operation may be erected subject to removal at the termination of the permit or license, unless otherwise agreed upon.

(e) All licensees shall indemnify and save harmless the Commonwealth, the Department of Agricultural Resources and all of its officers, agents and employees against suits and claims of liability of each name and nature arising out of, or in consequence of the use of Vacant Public Land.