HOUSE DOCKET, NO. 628 FILED ON: 1/26/2021
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul A. Schmid, III
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the use of Department of Conservation and Recreation property for farmers
markets and community gardens.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS: DATE ADDED:
Paul A. Schmid, III 8th Bristol 1/26/2021
1 of 1
 HOUSE DOCKET, NO. 628 FILED ON: 1/26/2021
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 871 OF 2019-2020.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
An Act relative to the use of Department of Conservation and Recreation property for farmers
markets and community gardens.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 132A of the General Laws is hereby amended by inserting after
2 section 2D, the following 2 sections:-
3 Section 2E. (a) The commissioner of the department of conservation and recreation shall
4 establish a program to provide for the use of designated lands in state-owned department parks
5 and reservations throughout the commonwealth for community gardens. Lands so designated
6 shall be restricted to noncommercial horticultural uses of growing and harvesting food crops by
7 inhabitants of local communities.
8 Community gardens shall be established as authorized by the commissioner, in open
9 spaces that are suitable for such recreational gardening activities which are accessible to the
1 of 5
10 public. Improvements to community garden lands shall to the extent as is practicable, preserve
11 the natural state of such park and reservation areas.
12 Under the program, specific planting areas that are available within designated
13 community garden sites shall be allotted for personal use on a seasonal basis by special permits
14 issued to qualifying individual gardeners.
15 The department shall evaluate, identify and map community garden lands, and post
16 relevant information about the sites and potential sites on the department’s public website.
17 (b) The commissioner shall be authorized to license cities or towns to, establish, improve,
18 maintain, operate and access local community gardens on designated department land. Said
19 licenses shall be granted for no fee, upon such terms, restrictions and agreements, and for such
20 period of years, not exceeding 10, as the commissioner may deem appropriate; provided, that the
21 land licensed is utilized for the purposes of the department’s community garden program
22 consistent with the applicable rules and regulations of the department, and provided further, that
23 under said licenses, cities and towns may be responsible for their costs and expenses, or portion
24 thereof, to establish, improve, maintain and operate community gardens.
25 Cities and towns applying for a license to use department lands under the community
26 garden program shall submit a plan related to said use, which shall be subject to approval by the
27 commissioner.
28 (c) The commissioner shall be authorized to license qualified non-profit organizations to,
29 establish, improve, maintain, operate and access community gardens on designated department
30 land. Said licenses shall be granted, upon such terms, restrictions and agreements, and for such
31 period of years, not exceeding 5, as the commissioner may deem appropriate; provided, that the
2 of 5
32 land is used for the purposes of the department’s community garden program consistent with the
33 applicable rules and regulations of the department; and provided further, said licenses are granted
34 based on a competitive application and proposal process. Notwithstanding, no license shall be
35 granted to a non-profit organization for designated land unless, the commissioner has first
36 provided the city or town where the available land is located, the option to be granted a license
37 for such community garden site.
38 (d) Cities and towns, and non-profit organizations as part of the terms of said licenses,
39 shall abide by the rules and regulations adopted by the department relating to the use and
40 operation of community garden lands.
41 Licenses granted for community garden lands under this section, shall be revocable at any
42 time by the commissioner for the failure of recipient municipalities or non-profit organizations to
43 comply with such license terms, restrictions and agreements.
44 In no event shall the granting of said licenses be construed to create in such
45 municipalities or non-profit organizations, any title, right to acquire title, or ownership interest in
46 licensed lands. The provisions of this subsection shall not prohibit the commissioner from
47 leasing such lands to municipalities or qualified non-profit organizations under applicable law,
48 for the purposes of the community garden program.
49 (e) The department or its employees shall not be liable for injuries or death to persons, or
50 damage to property, resulting from any conduct related to the operation and use of community
51 gardens on department lands, in the absence of willful, wanton, or reckless conduct on the part of
52 said department or employees; provided, the community garden where such injury or death
53 occurred, is enclosed by suitable fencing of not less than 4 feet in height and conspicuous
3 of 5
54 signage warning of such limitation of liability is posted on, or near such fence at garden
55 entryways.
56 (f) The department shall adopt rules and regulations related to the establishment, use and
57 operation of community gardens under the department’s community garden program.
58 Section 2F. The commissioner of the department of conservation and recreation shall
59 establish a program to provide for the seasonal use of areas in department parks and reservations
60 by farmers for public market places. Such public markets shall be limited mainly to the vending
61 of food and other agricultural products that are grown, raised or produced on Massachusetts
62 farms.
63 The temporary establishment of said public markets as approved by the commissioner
64 shall be at suitable land and parking areas accessible by the public, and, at appropriate times
65 during daylight hours. Under the program, the commissioner shall be authorized to issue special
66 seasonal permits to farmer vendors, which shall be restricted to specific approved public market
67 sites and times, upon such terms and conditions as the commissioner may deem appropriate. As a
68 condition of the issuance of a permit, a farmer vendor shall be required to comply with any laws
69 and regulations applicable to the vending of food and agricultural products at said public
70 markets.
71 Special permits issued by the commissioner shall, be based on a competitive application
72 and proposal process, and be subject to revocation by the commissioner at any time.
73 The commissioner, in consultation with the commissioner of the department of
74 agricultural resources, shall adopt rules and regulations for said public markets.
4 of 5
75 Farmers’ markets allowed pursuant to this section shall not be subject to the commercial
76 limitations under section 2B of chapter 132A.
5 of 5