Chapter Land
Chapter Land Release Form https://www.wayland.ma.us/sites/g/files/vyhlif9231/f/uploads/chapter_lan...
A. Forest Land, Ch. 61, requires a current forest management plan certified by the state’s Forestry Manager and at least 10 acres. An application approved by the DOR must be submitted, and the landowner is subject to certain taxes when there is a change of use of the land.
B. Agricultural/Horticultural Land, Ch. 61A, requires:
- The primary use is raising animals or products derived there from, or horticultural products, for the express purpose of selling these animals or products in the regular course of business or in a forest management plan certified by the state’s Forestry Manager.
- Land not less than five acres actively devoted to agricultural or horticultural uses. More than one parcel can make up the five acres as long as the parcels are contiguous and owned by the same owner.
- Gross sales of not less than five hundred dollars (plus $5.00 per additional acre over the 5-acre minimum or $0.50 per additional acre of woodland or wetland).
- If the land is leased, a signed statement from the lessee of his intent to use such land for the purposes set forth in said application.
- Certification by the landowner that the information set forth in his application is true which shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
- The Town shall record a lien upon the land covered by the Chapter Application for such taxes as may be levied under the law.
- Immediate notification to the Board of Assessors in writing as prescribed by law of any change in use of the land.
- Certain taxes paid upon change of use from agricultural/horticultural use.
Documentation
- Proof of gross sales (Schedule F of Federal income tax is preferred).
- If claiming wetlands on the acreage over the 5 acre minimum, the wetlands area will be verified using the Wetland Conservancy District layer on Wayland’s GIS.
- If the parcel is being used as a residence and the total acreage of the parcel is less than the applicable zoning plus the 5 acre minimum, a detailed plot plan showing the areas (either square feet or acres) for private use (buildings, septic system, well, landscaping, driveway, etc.) and chapter use.
C. Recreational Land, Ch. 61B, requires:
- Land must be retained in substantially a natural, wild or open condition or in a landscaped or pasture condition or in a managed forest condition under a certified forest management plan approved by and subject to procedures established by the state forester in such a manner as to allow to a significant extent the preservation of wildlife and other natural resources. Land which does not materially interfere with the environmental benefits which are derived from said land, and is available to the general public or to members of a non-profit organization, is also deemed to be recreational land.
- Land not less than five acres. More than one parcel can make up the five acres as long as the parcels are contiguous.
- Certification by the landowner that the information set forth in his application is true which shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
- The Town shall record a lien upon the land covered by the chapter application for such taxes as may be levied under the law.
- Immediate notification to the Board of Assessors in writing as prescribed by law of any change in use of the land.
- Certain taxes paid upon change of use from recreational use.
Documentation is the same as B. Agricultural/Horticultural except for proof of gross sales.
Complete descriptions of these programs are in The General Laws of Massachusetts, which can be found at www.mass.gov