Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 22.00 - Agricultural Preservation Restriction Program
Section 22.07 - Criteria Applicable in Evaluation of Projects
Universal Citation: 330 MA Code of Regs 330.22
Current through Register 1531, September 27, 2024
(1) In evaluating a Project, the ALPC shall consider the following as priority criteria to best fulfill the purposes of the APR Program, as established by St. 1977, c. 780:
(a) The degree to which the Project would
serve to preserve and enhance the agricultural resource base of the
Commonwealth of Massachusetts;
(b)
The suitability of land as to soil classification and other criteria for
agricultural use; and
(c) The Fair
Market Value of such land and the Fair Market Value of such land when used for
agricultural purposes as determined by the independent appraisal obtained by
the Department pursuant to
330
CMR 22.06(2)(e).
(2) In addition, the ALPC may consider additional criteria including, but not limited to, the following:
(a) Contribution of the Project in the
development of a continuing program of acquiring multiple APRs within a defined
geographical area or areas;
(b)
Degree to which a Municipality where a Project is located is prepared to
provide assistance to the Commonwealth for purchase of an APR by providing
funds, legal, and enforcement services or other assistance satisfactory to the
ALPC, pursuant to M.G.L. c. 20, § 23;
(c) Opportunities for individual and family
farm ownership and for employment through farm related processing, storage,
transportation, and marketing of farm products; and
(d) Degree of threat from any cause to the
continuation of Agriculture on the Project.
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