Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 22.00 - Agricultural Preservation Restriction Program › Section 22.02 - Definitions

Current through Register 1525, July 5, 2024
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.