Right To Farm Community

Bylaw excerpts

Westhampton Bylaws 7-16-3
Right To Farm Declaration

The Right to Farm is hereby recognized to exist within the Town of Westhampton. The above-described agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The benefits and protections of this By-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right To Farm By-law shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law.

Westhampton Bylaws 7-16-4
Disclosure Notification

At the time a municipal lien certificate is issued, the Town will inform the buyer:

“It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include, but are not limited to, activities that cause noise, dust and odors, for example, manure on roadways, noise associated with forestry equipment such as sawmills or chainsaws, and stray livestock. Buyers or occupants are also informed that the location of property within the Town may be impacted by commercial agricultural operations including the ability to use water services for such property under certain circumstances.”

A copy of this disclosure notification shall be provided by the Town to landowners each fiscal year by mail.