Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 22.00 - Agricultural Preservation Restriction Program
Section 22.02 - Definitions
As used in 330 CMR 22.00 the following words shall have the following meanings, unless the applicable Agricultural Preservation Restriction provides a different definition, in which case the definition in the Agricultural Preservation Restriction controls:
Adjudicatory Hearing means an informal hearing under M.G.L. c. 30A where parties may present evidence on issues of fact, and argument on issues of law and fact prior to the ALPC issuing a written final decision.
Agricultural Lands Preservation Committee (ALPC) means a committee in the Department of Agricultural Resources whose membership, powers, duties, and statutory grant of authority are set forth in M.G.L. c. 20, §§ 23 and 24.
Agricultural Preservation Restriction (APR) means a perpetual restriction to retain land or water areas predominately in their agricultural, farming, or forest use, and forbids or limits certain property development rights and uses.
Agriculture means the uses of land enumerated in M.G.L. c. 61A, §§ 1 and 2.
Applicant means the record owner(s) of land who submit an Application for a Project.
Application means a written request submitted by a record owner of land seeking an APR or a Departmental Approval.
APR Parcel means the land and improvements encumbered by an APR.
APR Value means the difference between the Fair Market Value and the Fair Market Agricultural Land Value as determined by the appraisal obtained by the Department pursuant to 330 CMR 22.06(2)(e).
Beginning Farmer means an individual or entity who has less than two years experience managing or owning a Farm.
Certificate of Approval (COA) means a certificate, in recordable form, that allows a Structure, improvement, activity, or use for agricultural purposes on an APR Parcel with or without conditions, for all instances requiring Departmental Approval pursuant to the APR.
Certificate of Completion (COC) means a certificate, in recordable form, that attests that the conditions of a COA were completed to the satisfaction of the Department.
Chair means the Commissioner as he or she presides over the Agricultural Lands Preservation Committee.
Commissioner means the Commissioner of the Massachusetts Department of Agricultural Resources.
Defeat or Derogate from the Intent of St. 1977, c. 780 means to annul or to adversely affect the retention of land for commercial Agriculture in perpetuity and the preservation of the natural agricultural resources of the Commonwealth.
Department means the Massachusetts Department of Agricultural Resources.
Departmental Approval means approval by the Department, with or without conditions, that allows a Structure, improvement, excavation, use or activity for Agriculture purposes on an APR Parcel.
Farm means the land on which an agricultural use occurs in accordance with those uses defined in M.G.L. c. 61A, §§ 1 and 2 and as listed here: The land shall be deemed to be in agricultural use when primarily and directly used in raising animals including, but not limited to, dairy cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats, bees and fur-bearing animals, for the purpose of selling such animals or a product derived from such animals in the regular course of business; or when primarily and directly used in a related manner which is incidental thereto and represents a customary and necessary use in raising such animals and preparing them or the products derived therefrom for market. Also agricultural use shall include horticultural use when primarily and directly used in raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flower, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs for the purpose of selling these products in the regular course of business; or when primarily and directly used in raising forest products under a certified forest management plan, approved by and subject to procedures established by the state forester, designed to improve the quantity and quality of a continuous crop for the purpose of selling these products in the regular course of business; or when primarily and directly used in a related manner which is incidental to those uses and represents a customary and necessary use in raising these products and preparing them for market.
Farmer means an individual, corporation, limited liability company, or partnership that provides documents to demonstrate it:
(a) owns and operates a farm business; or
(b) is employed full time on a Farm for a minimum of two years.
The types of documents the Department will accept to demonstrate the definition of Farmer is met include, but are not limited to, property deed, written lease, employment contract, articles of incorporation, partnership agreement, tax return schedule F, or current or previous year's approved M.G.L. c. 61A application.
Farm Business Plan means a demonstration of how a Potential Purchaser will continue to engage in commercial agriculture to retain and use the land primarily and directly for agricultural purposes pursuant to M.G.L. c. 61A, §§ 1 and 2 and preserve the natural agricultural resources for a period of not less than five years after the date of sale and including at a minimum: Potential Purchaser's commercial Farm experience, identification of all land uses on the APR Parcel, production information and products to be sold for example, crops to be grown, acreage for each crop, livestock to be raised, pasture acreage, use of existing structures on APR Parcel (if applicable), and need for additional structures or capital improvements (if applicable), a description of markets and personnel information (number of employees in existence vs need to be hired), how the APR Parcel will operate in conjunction with other farm land owned or leased by the Prospective Purchaser (if applicable).
Fair Market Agricultural Business Value (FMABV) means the value based upon the ongoing agricultural business including agricultural buildings, infrastructure, goodwill and other related agricultural business factors. Fair Market Agricultural Business Value is relevant only upon the subsequent sale of the APR Parcel and is not applicable at the time of original purchase of the APR. The Fair Market Agricultural Business Value appraisal includes agricultural business potential and is based upon activities and circumstances existing at the time of the sale of the APR Parcel.
Fair Market Agricultural Land Value (FMALV) means the value based upon the highest and best use of the land for agricultural purposes. The Fair Market Agricultural Land Value may rise and fall commensurate with market conditions, inflation, or other valuation factors.
Fair Market Agricultural Value (FMAV) means the combined total of the following components of an APR Parcel, as applicable: Fair Market Agricultural Land Value; Fair Market Agricultural Business Value; and Fair Market Dwelling Value.
Fair Market Dwelling Value (FMDV) means the appraised replacement value of a dwelling(s) on the restricted land.
Fair Market Value (FMV) means the most probable price that a parcel would bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably and assuming the price is not affected by undue stimulus.
Farm Stand means an agricultural Structure utilized for the sale of agricultural products not inconsistent with M.G.L c. 40A, § 3.
Final Vote means a vote of the ALPC approving or rejecting a Project that had previously received a Vote of Interest.
Financial Plan means a plan, whether narrative or otherwise, that demonstrates the Potential Purchaser can support the operation of the Premises without adversely affecting long term viability of the Premises. Such a plan should, at a minimum, include: an estimate of start-up costs, income statement with budget estimates, and expense projections.
Housing for Farm Labor means a Structure, whether a new Structure or conversion of an existing Structure, for use only by seasonal agricultural employees of the Owner. Depending upon the agricultural use of the land, the season may be year-round, for example a dairy operation has a year-round season.
Impervious Surface means a material that does not allow water to percolate into the soil on the APR Parcel; this includes, but is not limited to, surfaces upon which are located Structures for Housing for Farm Labor, agricultural Structures (with and without flooring), and paved areas or roads. Impervious surfaces include permanent, non-seasonal rooftops, concrete and asphalt surfaces.
Minor means past violations that have been resolved to the Department's satisfaction without involving legal action by those with a legal right to enforce, or current violations that either are easily resolved, or constitute non-resource based violations that do not affect the overall viability of the APR Parcel.
Municipality means the city or town in which a Project is located.
Option to Purchase Real Estate at Fair Market Agricultural Value means the option of the Department to purchase an APR Parcel at its Fair Market Agricultural Value prior to the Owner selling the APR Parcel to a third party.
Owner means APR Parcel record title owner(s).
Partner Agency means an agency which is partnering with the Department in purchasing, holding or enforcing the terms of the APR.
Potential Assignee means the person or entity who responded to the Department's Request for Statement of Interest and has expressed interest in being assigned the Department's Option to Purchase Real Estate at Agricultural Value or Right of First Refusal. If the entity is a corporation or limited liability company, it must provide the Department the articles of incorporation demonstrating that the corporation or limited liability company was formed for the purpose of owning and operating a Farm, or meets the definition of Farmer. If the entity is a partnership, the Department must be provided a partnership agreement which evidences the partnership was formed for the purpose of owning and operating a Farm, or meets the definition of Farmer.
Potential Purchaser means the person or entity who has entered into a bona fide purchase and sale agreement with the Owner.
Program means the Department's Agricultural Preservation Restriction Program.
Project means an area of land for which an Application for an APR has been submitted.
Purchase Price means the price listed for the APR Parcel in the purchase and sale agreement by and between the Owner and the Potential Purchaser.
Right of First Refusal means the right of the Department to purchase an APR Parcel according to specific terms set by the Owner prior to the Owner selling the APR Parcel to a third party.
Special Permit means a Departmental Approval in the form of a certificate in recordable form that permits a temporary non-agricultural activity or use on an APR Parcel, subject to all requirements and conditions in the applicable APR, to all provisions of M.G.L. c. 20, § 23 and to any conditions contained in the Special Permit.
Statement of Interest means the Potential Assignee's written response that it desires to receive the Department's assignment and providing proof the Potential Assignee is qualified to receive the assignment.
Structure means a combination of materials assembled at a fixed location to give support or shelter, whether or not it requires a footing or foundation.
Vote of Interest means a vote by the ALPC indicating an interest in purchasing an APR on the identified Project, subject to available funding.
Waiver means a document in recordable form issued by the Department that waives the Department's Right of First Refusal, Option to Purchase Real Estate at Fair Market Agricultural Value or other similar right to purchase or assign the right to purchase the APR Parcel.
