Mass. Gen. Laws » Part I Title XVI Chapter 111
Massachusetts General Laws

Mass. Gen. Laws ch. 111, § 125A (2026)

Review of order adjudging the operation of a farm to be a nuisance

✓ current as of July 2026
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Section 125A. If, in the opinion of the board of health, a farm or the operation thereof constitutes a nuisance, any action taken by said board to abate or cause to be abated said nuisance under sections one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five shall, notwithstanding any provisions thereof to the contrary, be subject to the provisions of this section; provided, however, that the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not be deemed to constitute a nuisance.

In the case of any such nuisance a written notice of an order to abate the same within ten days after receipt of such notice shall first be given as provided in section one hundred and twenty-four. If no petition for review is filed as herein provided, or upon final order of the court, said board may then proceed as provided in said sections one hundred and twenty-two, one hundred and twenty-three and one hundred and twenty-five, or in the order of the court. If the owner or operator of said farm within said ten days shall file a petition for a review of such order in the district court for the district in which the farm lies, the operation of said order shall be suspended, pending the order of the court. Upon the filing of such petition the court shall give notice thereof to said board, shall hear all pertinent evidence and determine the facts, and upon the facts as so determined review said order and affirm, annul, alter or modify the same as justice may require. The parties shall have the same rights of appeal on questions of law as in other civil cases in the district courts.

Notes of Decisions
Cited in 4 cases, 1961–2012 · leading case: Bd. of Health of Franklin v. Hass, 173 N.E.2d 808 (Mass. 1961).
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Bd. of Health of Franklin v. Hass, 173 N.E.2d 808 (Mass. 1961). “The lessees and Garelick somewhat vaguely argue that the interpretation of § 143 and §§ 146-150 should be modified by reason of the enactment of G. L. c. 111, § 125A, inserted by St. 1958, c.”
Tanque v. Bd. of Health, 47 Mass. App. Dec. 69 (Mass. Dist. Ct., App. Div. 1971). “This is a petition for review brought under G.L.c.111, §125A which provides for a review in the District Court of an order of a Board of Health that adjudges the operation of a farm to be a nuisance.”
Velda J. Shore v. Maple Lane Farms, LLC (Tenn. Ct. App. 2012). “§ 5-308; Massachusetts, Mass. Gen. Laws Ann. ch. 111, § 125A; Michigan, Mich.”
Francisco Cranberries LLC v. Gibney, 1999 Mass. App. Div. 223 (Mass. Dist. Ct., App. Div. 1999). “*224 This matter was brought before the Court on plaintiffs complaint under Massachusetts G.Lc. 111, §125A. Under the statute an evidentiary hearing shall be held to determine the facts and to review the order of the Board of Health and affirm, annul, alter or modify the same as…”
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