Proposed Farm Animal Regulations

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Proposed Farm Animal Regulations

The Board of Health will have a hearing on the proposed Farm Animal/Barn Regulations on September 5, 2013.

The Templeton Agricultural Committee meeting will be held on August 15, 2013 at 6:40 p.m. One agenda item is to discuss the proposed regulations of farm animals.

The proposed regulations in draft format are below:  

TEMPLETON BOARD OF HEALTH REGULATION

Minimum Standards for the Keeping of Farm Animals   DRAFT

A. Purpose: The Templeton Board of Health is responsible for the protection of the public health and welfare in the Town of Templeton. In an effort to protect the health and safety of the public and farm animals in the town, the following regulations are promulgated.

B. Authority: These regulations are adopted in accordance with the provisions of Massachusetts General Laws, Chapter 111, Sections 31 and 155.

C. Definitions:

Farm Animal: shall include, but not be limited to, any horse, donkey, pony,

mule, goat, swine, sheep, or any other animal except household pets.

Corral or Paddock: shall mean a fenced area designed to allow for the free roaming of animals.

Household Pets: shall mean animals that are normally kept inside a residential dwelling including but not limited to dogs, cats, ferrets, fish, domestic or exotic birds, or other small rodents.

Lot: a contiguous area of land, under one ownership, with definite boundaries.

Manure Management Plan (MMP): shall mean a plan for the handling of manure and other wastes. MMP shall address cleaning, composting, storage, utilization and removal of manure and other wastes.

Stable: shall mean a building or enclosure used to house or confine one or more animals and to store the food supplies normally associated with the keeping of animals.

D. Permit Required: No person shall keep any farm animal without first obtaining a permit from the Board of Health, nor shall any person, firm or corporation owning or responsible for the custody of a farm animal within the limits of this town, for the purpose of stabling such animal, use or occupy any building, shed or other structure which does not conform to the requirements of these regulations. All permits issued for the stabling of animals prior to the adoption of these regulations shall be valid and may be renewed subject to the regulations in effect prior to the adoption of these new regulations providing conditions contained in the original application have not changed and that no conditions exist that would be injurious to public health, or restrict the normal use and enjoyment of contiguous property.

E. Minimum Land Requirements: No permit shall be issued to keep a farm animal on any lot of land containing less than one (1) acre. Additional farm animals up to a total of four (4) shall not be permitted unless the lot contains a minimum of two-thirds (2/3) of an acre per each additional animal. More than four farm animals may be permitted to be kept on lots containing more than three (3) acres provided that lot dimensions are acceptable to the Board of Health, and provided that the granting of such permit will not adversely affect the public health, safety, and welfare.

F. Applications: All permits required by these regulations shall be made to the Board of Health. Each application shall state the name of the applicant and the location of the premises to be used, and each application shall specify the area and the location of the premises for which a permit is requested and shall specify the number and type of farm animals which are to be kept therein. Such permits shall cover only one location. Each application shall also contain a certified plot plan noting location of dwelling, stable, corral, dwellings located on abutting property including locations of any on-site sewage disposal systems and private drinking water wells within 200-feet of the proposed stable and corral area. Said plan shall note all distances between each structure, sewage system, and well. The Board may require additional information upon review of the permit application.

G. Permit Renewal: All permits shall expire on December 31 of each year but may be renewed annually on application, provided that the applicant is then qualified to receive a permit and the premises for which a renewal is sought are suitable for such purpose.

H. Minimum Square Footage: No person shall erect, occupy, or use for a stable any building in the Town of Templeton unless such use is approved by the Board of Health. Each stall shall contain a minimum of 100 square feet for the first animal and at least 60 additional square feet for each additional animal. Property barriers, such as appropriate fencing or closely planted trees, shall be installed, or other appropriate measures taken, on lots where it is necessary to discourage neighborhood children from wandering into the area of the stable, or on lots where the location of the stable will ordinarily interfere with the comfortable enjoyment of an abutter’s property.

I. Building Requirements: Any person who proposes to remodel a building or a portion thereof which is being used as a stable or who proposes to construct a new building which is to be used in whole or in part as a stable shall, prior to such remodeling, renovation or constructing, submit plans in duplicate to the Board of Health for approval. Such construction must begin within 90 days of date of approval. Stable shall not be occupied until the Building Inspector issues a certificate of occupancy. A private stable shall not be used for human habitation except with written permission from the Board of Health. If so permitted, such quarters shall meet the requirements of the Mass. Sanitary Code Article II (Fitness for human habitation).

J. Fencing: All premises used for the keeping or stabling of farm animals shall be adequately fenced so as to prevent the escape of the animals there from. At no time will animals be allowed to roam unattended. The corral shall be adequately fenced. Fencing may be of wood, smooth woven wire with an opening no greater than 4 inches, charged electric wire, or other suitable material accepted by the industry. Barbed wire shall not be used. If the fence is charged, there shall be at least one warning label where the fence is located on street frontage and at 50-foot intervals if the frontage exceeds 100 feet. The top barrier of the fence shall be at least 4 feet high.

K. Zoning Limitations: No such permit shall be issued which would involve a violation of the zoning or protective bylaw of the town.

L. Sanitary requirements:

1. Each stable shall be furnished with a frost free supply of potable water and shall be available at or near the stable for feeding, cleaning, and fire protection purposes. All horses shall be maintained in a clean and healthy condition. In addition, all horses shall be required to have a certificate of inoculation against equine encephalitis and tetanus provided by a licensed veterinarian, and such other immunizations as required by the Division of Animal Health, Department of Agriculture, and Commonwealth of Massachusetts. Said certificate or copy shall be filed with registration of the horse.

2. Animal feed shall be stored in sealed, moisture-proof, and vermin-proof containers.

3. Each stall in the stable shall be provided with adequate drainage so as to remain dry and clean, in a manner satisfactory to the Board of Health.

4. Bedding shall consist of straw, hay or like substances but shall not contain in whole or in part any wool waste.

5. All manure must be removed from the stalls at least once each day and not allowed to accumulate in corrals or other areas on the property. Manure shall be collected at a single location, carefully chosen to maximize the distance from abutting properties and watercourses.

6. Provisions should be made for the disposal of manure with sufficient frequency and in such a manner as to be satisfactory to the Board of Health and in such a manner as to prevent the creation of objectionable conditions.

7. Location of manure pits must be approved by the Board of Health. In fly- breeding seasons, manure shall be periodically treated with chemicals for fly control. Any chemical approved by the United States Department of Agriculture shall suffice. Insect control techniques should be practiced with particular attention to the interior and exterior walls, ceilings, and stall areas and to the exterior of the stable building in order to control fly populations. Space sprays and resin strips impregnated with insecticide may also be used, as well as non- insecticidal methods.

8. Manure shall not be stockpiled between April 15 and October 15.

9. Floors shall consist of any material acceptable to the Board of Health, such as a thin layer of sand and clay over a gravel base or crushed stone.

10.For ventilation purposes, each stable shall have an effective window area of at least 10% of the total floor area.

11.Each stable shall be located on land with good drainage and not susceptible to flooding.

12.Each stable and corral or paddock shall be located on a lot not less than:

a. 25-feet from an abutting property line

b. 100-feet from any swamp, stream, pond or drainage easement

c. 100-feet from any abutting dwelling

d. 100-feet from any private drinking water well

These requirements may be enlarged or increased in any particular case at the discretion of the Board of Health.

13.The corral shall be adequately fenced. If corral is not grassed, dust control measures shall be taken. All animals maintained under the terms of this license must be kept under control at all times.

14.The remains of a dead horse shall not be buried at the stable except in a hole,

a. the bottom of which shall be minimum of four feet above high water;

b. covered with at least six feet of compact dirt, and(iii)located at least fifteen feet from any lot line and 100 feet from any wetland or well. The Board of Health must be notified of the death of the animal and of the proposed burial site in advance, except that if unable to contact the Board of Health in a timely manner on weekends and holidays, then the remains may be buried in accordance with the restrictions outlined above and the Board of Health notified on the first working day following. The remains may be disposed of off-stable in compliance with applicable laws.

M. Fees: Permit cost shall be set by the Board. [See Fee Schedule]

N. Inspections: Any property used to house farm animals shall be subject to inspection by the Inspector of Animals, the Board, or its Agent, at any reasonable time. Failure to allow an inspection upon request shall be cause for permit revocation. The Board or its agent may revoke a permit for cause without a public hearing if a condition exists which may endanger the health, safety, or welfare of the animals or the general public, or which is a nuisance. The Board maintains the authority to hold a public hearing to consider the revocation of a permit. Any person aggrieved shall have the right to appeal such revocation at a public hearing of the Board of Health.

O. Inalienability: A permit to stable or keep farm animals on property in the Town of Templeton is not transferable.

P. Variance Procedure: Any request for a variance from the regulations contained in § 201-11 must be submitted in writing to the Board. The Board shall within 21 days of receipt of the request for variance hold a public meeting, at which time the applicant must demonstrate to the Board, by clear and convincing evidence, that there will be no adverse effect on the public health by the granting of the variance request. All decisions rendered by the Board shall be made in writing and shall be kept on file in the office of the Board of Health.

Q. Enforcement: Whoever violates any of these rules and regulations may be fined from five ($5.00) dollars but not exceeding one hundred ($100.00) dollars per day as set by the Board of Health, depending on the severity of the violation, and may also be subject to suspension or revocation of stable permit, when the Board of Health finds such suspension or revocation necessary to protect public health. Punishment shall be prescribed under M.G.L. Ch. 111, sec. 157, and any amendments or additions thereto or any other applicable statute.