Massachusetts General Laws

Mass. Gen. Laws ch. 61A, § 1 (2026)

Land in agricultural use defined

✓ current as of July 2026

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Section 1. 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.

Notes of Decisions

Cited in 5 cases, 1982–1997 · leading case: Bldg. Inspector of Mansfield v. Curvin, 494 N.E.2d 42 (Mass. App. Ct. 1986).

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Bldg. Inspector of Mansfield v. Curvin, 494 N.E.2d 42 (Mass. App. Ct. 1986). “40A, the Legislature had in mind the Massachusetts decisions just mentioned, or that G.L.c. 61A, § 1; c. 111, § 1; and c. 128, § 1A, had been amended or enacted, respectively, in 1973, 1966, and 1960 to include in the term "agriculture" the keeping of swine, although that term…”

Steege v. Bd. of Appeals, 527 N.E.2d 1176 (Mass. App. Ct. 1988). “are so interrelated that they comprise agricultural use as defined in G. L. c. 61A, §§ 1 and 3, and G. L. c. 128, *971 § 1, and are therefore exempt from the requirements of the Stow zoning by-law.”

Mann v. Bd. of Assessors, 438 N.E.2d 826 (Mass. 1982). “This Act establishes detailed requirements for the classification of land as agricultural or horticultural (see generally G. L. c. 61A, §§ 1 through 7), and provides that a board of assessors shall disallow an application for such classification if, in its judgment, the land…”

Modern Cont'l Constr. Co. v. Bldg. Inspector, 674 N.E.2d 247 (Mass. App. Ct. 1997). “, G. L. c. 61A, § 1; G. L. c. 111, § 1; G. L.”

Nashawena Trust v. Bd. of Assessors, 501 N.E.2d 506 (Mass. 1986). · cites it 4× “For fiscal year 1984, the trust applied to the assessors to classify 630 acres of land on Nashawena as actively devoted to agricultural use under G. L. c. 61A, § 1. 1 For fiscal year 1985, the trust sought the same classification for 645 acres.”

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