An Act regulating the use of fertilizer in the town of Wellfleet

194th Legislature (2025-2026) Introduced by Hadley Luddy

Prohibits applying nitrogen- or phosphorus-containing fertilizers in Wellfleet to cut nutrient runoff and improve water quality, with limited exceptions for certain agriculture and

Hearing scheduled for 07/01/2026 from 10:00 AM-12:00 PM in B-1

Overview

H 5433, introduced in the 194th Massachusetts General Court, is an act proposed to regulate the use of fertilizer in the town of Wellfleet. ItPresses to prohibit the application of fertilizers that contain nitrogen and phosphorus in Wellfleet, with limited exceptions, in an effort to improve local water quality and help meet state-imposed water quality targets.

Purpose and intent

To address scientific evidence that nitrogen and phosphorus from fertilizers contaminate water bodies, contributing to harmful algae growth and degraded water quality.

To protect public health and local resources (drinking water, shellfishing, recreation) by reducing nutrient pollution.

To help Wellfleet achieve compliance with Massachusetts’ Total Maximum Daily Loads (TMDLs) for nitrogen and phosphorus in its waters.

Key provisions and changes

Prohibition on fertilizer application: The bill prohibits applying fertilizer that contains nitrogen or phosphorus within Wellfleet.

Exceptions:

Commercial agricultural use (unclear scope from the text; appears to permit fertilizer use for commercial farming activities).
Residential use of organic fertilizer with low nitrogen and phosphorus content for growing fruits and vegetables.

Preemption and scope:

The bill states that, notwithstanding any General or Special Law (including laws that vest fertilizer regulation authority in a state agency), the fertilizer application restrictions apply in Wellfleet as described.

Objective: Local regulation tailored to Wellfleet’s sandy soils, rapid infiltration, percolation, and nutrient leaching characteristics to reduce nutrient loading into local water bodies.

Who would be affected

Residents of Wellfleet: Restricted from using standard nitrogen- and phosphorus-containing fertilizers on most property.

Local businesses and landscapers: Potentially restricted from applying fertilizer with nitrogen or phosphorus in Wellfleet, with permitted activities limited to the defined exceptions.

Agricultural operations in Wellfleet: May continue fertilizer use for commercial agriculture, subject to the bill’s stated exceptions.

Environmental and public health interests: Expected positive impact through reduced nutrient runoff and improved water quality.

Procedural and timeline aspects

Action history: Referred to the Committee on Environment and Natural Resources on May 18, 2026.

Sponsor: Representative Hadley Luddy (co-sponsor) and Senator Julian Cyr.

Local approval: The bill appears to be a locally petitioned measure. It is not clear from the text whether it requires local (town) approval in Wellfleet or if it becomes state law directly.

Potential considerations and questions

Enforcement mechanisms: The text does not detail penalties or enforcement procedures.

Definitions: The bill references “low nitrogen and phosphorus” organic fertilizers but does not specify thresholds or measurement standards.

Interaction with other fertilizer regulations: The language asserts precedence over other laws but may raise questions about consistency with state agriculture regulations.

Timing: No explicit effective date is provided in the excerpt.

This summary covers the bill’s stated purpose, main prohibitions and exceptions, affected parties, and key procedural notes.