An Act relative to the use of certain fairground properties

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 7 co-sponsors

Prohibits zoning laws from blocking nonprofit-owned fairgrounds used for periodic agricultural fairs when the use advances the nonprofit's mission.

Summary: An Act relative to the use of certain fairground properties (HD 4259)

Purpose and intent

This bill amends Massachusetts zoning law to protect the use of land and structures that are dedicated to the periodic operation of agricultural fairs. The aim is to prevent local zoning ordinances and by-laws from prohibiting or unduly regulating fairground use when the land/structures are owned by a nonprofit corporation organized for the purpose of operating the fair, and the use furthers that nonprofit’s mission.

Key provisions

Amendment to Chapter 40A, Section 3. The bill adds a new sentence after the second paragraph’s initial sentence stating:

“Nor shall any zoning ordinance or by-law prohibit, regulate or restrict the use of land or structures dedicated in whole or in part to periodic operation of an agricultural fair, provided that such land or structures are owned and such agricultural fair is operated by a nonprofit corporation established for such purpose, and further provided that any use of such land or structures is in furtherance of such nonprofit corporation’s purpose.”

Effective date. The act takes effect upon passage.

Who is affected

Nonprofit agricultural fair operators. Organizations that own land or facilities used to host periodic agricultural fairs would gain clear protections from zoning restrictions, so long as the use aligns with the nonprofit’s purpose.

Municipalities and regional planning bodies. Local zoning authorities would be constrained by the new language, ensuring fairground operations can continue without being barred or overly restricted by zoning rules.

Fairground property owners and operators. Those who rely on nonprofit-driven fairs for ongoing use of fairgrounds would benefit from more predictable regulatory treatment.

Practical impact and implications

Provides a statutory shield for the periodic operation of agricultural fairs against zoning prohibitions or excessive regulatory constraints, as long as the fairground property is owned by a nonprofit and the use advances the nonprofit’s mission.

May reduce disputes over conforming use, code interpretation, or required variances for fairground activities.

Encourages stability and long-term planning for fairgrounds by clarifying protections when operated by nonprofit entities.

Timeline and procedural notes

Introduction/filing: The bill is filed as House Docket No. 4259 (House No. 2354 in the 194th General Court, 2025-2026 session). The provided material shows a filing date of January 17, 2025.

Effective date: Upon passage of the act (no separate delayed or staged effective date).

The bill text provided does not specify additional funding or implementation requirements beyond the zoning provision.

If you’d like, I can add a brief comparison to current Massachusetts zoning language or provide a plain-language FAQ for constituents.