Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 22.00 - Agricultural Preservation Restriction Program
Section 22.12 - Release of an Agricultural Preservation Restriction

Universal Citation: 330 MA Code of Regs 330.22

Current through Register 1531, September 27, 2024

(1) An APR is a restriction in perpetuity An APR may only be released, in whole or in part, in accordance with M.G.L. c. 184, § 32 and the Articles of Amendment to the Constitution of the Commonwealth, Article 97 and applicable policies of the Department.

(2) Pursuant to M.G.L. c. 184, § 32, the Department may be requested to deem the APR Parcel or a portion thereof is no longer suitable for Agriculture. In making this determination the Department may consider the present use, nature, quality, and other attributes of the agricultural land proposed for release, including soil quality.

(3) An Owner may file with the Department a written request that the Department deem the APR Parcel or a portion thereof no longer suitable for Agriculture. The request shall be on a form prescribed by the Department and shall include a detailed statement of the consideration that the Owner proposes in exchange for the release and an appraisal determining the value of the land proposed to be released.

(4) Prior to a release, by the General Court in accordance with M.G.L. c. 184, § 32 and the Articles of Amendment to the Constitution, Article 97, the Commissioner may be requested to determine:

(a) the current market value of the interest of the Commonwealth to be released, which shall take into account any increase in value of the enlarged unrestricted land, owned or controlled by the Owner resulting from the addition of the parcel released, whether or not contiguous to the parcel; and

(b) any diminution in the value of the remaining APR Parcel.

(5) To determine compliance with any applicable Land Disposition Policy of the Executive Office of Energy and Environmental Affairs, the Commissioner may be asked to determine if other land of the Owner not restricted by an APR, and proposed to be placed under an APR is:

(a) of equal or greater area;

(b) of equal or greater agricultural quality, including soil and other agricultural attributes, meeting all APR Program requirements; and

(c) of equal or greater value to the total value of 330 CMR 22.12(4).

(6) The Commissioner may require, at the sole expense of the Owner, work to be performed including, but not limited to, engineering, surveys, appraisals, title services, and document preparation related to any assessment requested under 330 CMR 22.12.

(7) Prior to a release, a 2/3 vote of both houses of the General Court shall be required in accordance with M.G.L. c. 184, § 32 and the approval of any co-holder of the APR.

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