Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 22.00 - Agricultural Preservation Restriction Program
Section 22.08 - Agricultural Preservation Restriction
Current through Register 1531, September 27, 2024
An APR shall serve to memorialize the agreement of an Owner and the Commonwealth, and Partner Agency or co-holder, if any, as to the future use of an APR Parcel.
(1) Form and Content. The Commissioner shall be responsible for establishing the form and content of each APR, in conjunction with the Partner Agency, if applicable.
(2) Terms and Conditions. An APR shall include such terms and conditions as the Department deems necessary to implement the purposes of St. 1977, c. 780, and Partner Agency requirements, if applicable. Such terms and conditions may include, without limitation, statement of purpose, retained rights, prohibited uses and acts, uses and acts requiring Departmental Approval, processes and procedures, affirmative covenants to farm, inspection and enforcement rights, and Option to Purchase Real Estate at Fair Market Agricultural Value.
(3) Pre-sale Conference. An APR shall additionally include a requirement for a conference, prior to a notice of intent to sell, between the Owner, Department and the proposed purchaser to discuss the requirements of the transfer or sale of an APR Parcel. The conference shall occur on the APR Parcel under consideration or in a manner and time agreed upon by the Owner, proposed purchaser of the APR Parcel and the Department Following submission of a notice of intent to sell, the Department may communicate directly with the Owner or seek an additional conference with the Owner and proposed purchaser to clarify any element of the Owner's notice of intent to sell and waiver request.
(4) Nature of APR. The APR is a binding agreement between an Owner of an APR Parcel and the Commonwealth, exists in perpetuity, runs with the land, binds all future owners of the APR Parcel, and shall be recorded at the appropriate Registry of Deeds Any inconsistency between the language of an APR and the language of a policy or regulation shall be resolved in favor of the APR.
