Section 22.09 - Departmental ApprovalsIn accordance with the terms of the APR, certain activities, uses, and improvements require Departmental Approval. Such approvals are issued in the form of a Certificate of Approval (COA) or Special Permit by the Department, with or without conditions, pursuant to the following:
(1)Certificate of Approval. While generally accepted agricultural practices are generally allowed by right in the APR, the terms of an APR may require an approval for certain agricultural Structures, activities, practices, uses, and improvements. The Department may, by issuing a COA, authorize those Structures, activities, practices, uses, and improvements that the Department finds to be consistent with APR, Massachusetts law, and regulations of the Department. (a) Unless otherwise provided, a COA shall be subject, at a minimum, to the following thresholds: 1. The activity will not result in the APR Parcel having Impervious Surfaces greater than five acres or 5% of the Parcel, whichever is less, or unless the APR provides a more stringent threshold;2. The activity will minimize, to the fullest extent possible, the loss of quality agricultural soils; and3. The activity will not interfere with or lead to the likelihood of future interference with agricultural operations and will preserve, maximize, and realize the agricultural potential of the parcel, and in addition will enhance or lead to the likelihood of enhancing future agricultural operations.(b) Actions requiring a COA may include, but are not limited to:1. Construction of a Farm Stand;2. Construction of Housing for Farm Labor;3. Construction of residential dwellings;4. Construction of an alternative energy system;5. Construction of other agriculturally related structures;(2)Procedures for Requesting a COA. (a)Application. An Owner shall submit to the Department an Application, signed by the Owner on a form prescribed by the Department describing the proposed use, act, or Structure requiring a COA.(b)Review and Recommendation. Within 90 days of receipt of a completed Application, the Department shall review the Application and may inspect the APR Parcel.(c)Certificate of Approval. If an Application is approved, the Department shall issue a COA in recordable form A COA may require specific conditions including, but not limited to, requiring an Owner to post a bond or other security. A COA may be transferable to a subsequent owner of the APR Parcel only with approval of the Department.(d)Certificate of Approval Denial. If an Application for a COA is denied, the Department shall notify the Owner in writing of the denial. The notification of denial shall contain a notice of a right to request a hearing before the ALPC, and the Department may specify a time limit to request a hearing, not to exceed the timing provided for in M.G.L. c. 20, § 23(c).(3)APR Parcel Owner Responsibilities.(a)Performance of the COA Activities. Owner shall commence the approved COA activities within one year of receipt of the COA. As to a COA approving construction or excavation activities, the Owner must, in addition, complete those approved activities within two years of the date of receipt of the COA.(b)Interruption of the COA Activities. If unforeseen circumstances or other factors prevent the Owner from complying with the provisions of the COA, the Owner shall immediately notify the Department in writing and immediately cease all further work or activity.(c)Nonconforming Work. If the performance of the COA activities fails to conform to the COA, the Owner shall, take all action necessary to end the nonconformity including, but not limited to, restoring the APR Parcel to its prior condition, removing any Structure, or ceasing work immediately.(d)Notice of Completion of the COA Activities. The Owner shall, within 30 days of the completion of the COA activities, notify the Department in writing.(4)Department Responsibilities. Upon satisfactory completion of the COA activities, the Department may perform the following: (a)Inspection of the COA Activities. The Department may, within a reasonable period of time, inspect the completed COA activities to determine compliance with the terms of the COA.(b)Certificate of Completion (COC). The Department may within a reasonable period of time after its inspection, if the COA activities conform to the COA, issue a COC, if required, in recordable form and provide a copy to the Owner.(5)Special Permit. A Special Permit is a Departmental Approval that permits a certain non-agricultural activity or use that does not Defeat or Derogate from the Intent of St. 1977, c. 780. All applicable provisions of M.G.L. c. 20, § 23(b) and of other applicable statutes, unless otherwise provided by the applicable APR, shall govern the granting of a Special Permit. In connection with the Special Permit, the following specific provisions are applicable: (a) An Application for Special Permit shall be granted only after the Department applies the Agricultural Preservation Restriction Program Guidelines - Requests for a Special Permit to Conduct Non-agricultural Activities or Uses on APR Land in effect at the time of the Application;(b) However, at a minimum, the Department may grant a Special Permit if: 1. The APR Parcel is being actively utilized for full-time commercial Agriculture;2. The activity is minor, ancillary and subordinate to the Agricultural use of the APR Parcel;3. Such uses and activities are not inconsistent with the purpose of the APR and shall not defeat nor derogate from the purpose of this Restriction; and4. The request is limited to uses and activities requiring no new construction.(c) An Owner who is granted a Special Permit shall commence Special Permit activity within one year of issuance of a Special Permit; and(d) A Special Permit shall have a maximum term of five years and may be renewed only at the request of the Owner and with the approval of the Department.(6)Procedures for a Special Permit.(a)Application. For all activities or uses requiring a Special Permit, an Owner shall sign and submit to the Department an Application, on a form prescribed by the Department, describing all proposed non-agricultural activities or uses.(b)Review and Recommendation. Within 90 days of receipt of a completed Application, the Department shall review the Application, and may inspect the APR Parcel.(c)Issuance of Special Permit. If an Application is approved, the Department shall, within a reasonable amount of time, issue a Special Permit in recordable form. A Special Permit may require an APR Parcel Owner, among other conditions, to post a bond or other security satisfactory to the Department for completion of the activities required.(d)Denial of Special Permit. If an Application is denied, the Department shall notify the Owner in writing of the denial. The notification of denial shall contain a notice of a right to request a hearing before the ALPC, and the Department may specify a time limit to request a hearing, not to exceed the timing provided for in M.G.L. c. 20, § 23(c).(7)APR Parcel Owner Responsibilities. The Special Permit shall set forth, at a minimum, the following specific obligations to be met by the Owner: (a)Registry Recording. The Owner may record it with the appropriate Registry of Deeds at Owners' own expense and provide the Department with a copy of the recorded document.(b)Unforeseen Circumstances. If unforeseen circumstances or other factors prevent the Owner from complying with the terms of the Special Permit, the Owner shall immediately notify the Department in writing.(c)Nonconformity with Special Permit. If the Owner fails to comply with the terms of the Special Permit, the Owner shall take such remedial action to end the nonconformity, including, but not limited to, bringing the activity into compliance with the Special Permit, and restoring the APR Parcel to its prior condition.(8)Other Department Rights. At any time during the initial or renewed term the Department may, in its discretion, conduct an inspection to ascertain compliance with the Special Permit.Amended by Mass Register Issue 1340, eff. 6/2/2017.Amended by Mass Register Issue 1396, eff. 7/26/2019.