Draft Duxbury BOH May 3, 2005
COMMONWEALTH OF MASSACHUSETTS
TOWN OF DUXBURY
7.0
7.01
7.02
RULES & REGULATIONS GOVERNING HORSES AND BARNS
AUTHORITY TO PROMULGATE AND OTHER PROVISIONS
(1)
The Board of Health, Town of Duxbury, Massachusetts acting under the
authority of Chapter 111, Sections 31, 155, 156 and 157 of the General Laws of
the Commonwealth of Massachusetts; and any amendments or additions thereto,
and by any other powers thereto enabling, have in the interest of and for the
preservation of the public health duly made and adopted the following
regulations for the establishment, maintenance and operation of Barns and the
keeping of horses within the Town.
(2)
The effective date of these regulations is _____________.
DEFINITIONS
BARN- any building or structure where a horse is sheltered or maintained, or a portion of a
building used for such purpose.
COMMERCIAL- shall be used to mean any property upon which the public (persons outside the
immediate family) have access to for the following reasons, including but not limited to: sales or
rentals of horses for any lawful purpose, boarding, training, lessons, sales of animal products or
by-products for financial gain.
CERTIFIED PLAN- a plan drawn and stamped by a Registered Professional Engineer or Land
Surveyor.
DWELLING- every building or shelter used or intended for human habitation.
HORSE- the word horse shall mean horses, mules, donkeys and ponies.
KEEPING OF HORSES- means stabling or housing horses.
LOT SIZE- square footage of lot.
NUISANCE- any material and offensive condition that prevents reasonable and comfortable use
and enjoyment of property including: malodor, contamination of runoff water, noise, attraction of
insects or other vermin, and any other material and offensive condition that has injurious public
or environmental health significance.
PADDOCK- a fenced in area or enclosure associated with horses.
PERSON- an individual, partnership, corporation, firm, association or group, including a city,
town, county or other governing units.
PRIVATE- any property upon which a person keeps horses for non-commercial uses.
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Draft Duxbury BOH May 3, 2005
7. 03
7.04
LICENSE TO KEEP HORSES
(1)
No person shall keep horses in the Town of Duxbury, in any building or on any
premises of which he may be the owner, lessee, tenant or occupant without the
appropriate license to keep horses (private or commercial) from the Board of
Health.
(2)
Such person shall disclose whether he is the owner of the premises where the
horse shall be kept and, if not the owner, he shall state the name and address of
the owner of the premises along with written authorization from said owner of
record to keep said horse or horses on such premises.
(3)
The license to keep Barn fee shall be established by the Town of Duxbury in
accordance with the general by-laws of the Town and the general laws of the
Commonwealth of Massachusetts. The license fee shall accompany all
applications at the time of filing.
(4)
A license to keep a horse(s) granted by the Board of Health may be revoked after
notice and hearing if the license holder fails to comply with the requirements set
forth in these regulations. The license is not transferable, from person to person,
place to place, and does not follow the real estate.
LICENSE TO KEEP HORSES APPLICATION REQUIREMENTS
(1) Application for a license shall be made in writing on a form provided by the Board of
Health. If the Board of Health reasonably determines that the proposed plan requires
review by an outside consultant, one or more land use boards or the Animal Inspector, the
reasonable cost of that review shall be borne by the applicant. Each application must by
accompanied by:
a)
Eight (8) copies of a certified plan, for the lot or parcel where the horse will be
kept, including any/all shelters drawn to scale of no less than one (1) inch to forty
(40) feet and include the following:
 The location of any source of drinking water (wells, etc.), surface water
supplies (reservoirs) or tributaries to reservoirs, including streams, ponds,
swamps, swimming pools and marshes, open and subsurface drains, adjacent
dwellings, cesspools, and septic systems within one hundred and fifty (150)
feet of the proposed shelter, Barn, paddock and manure storage area.
 Direction of surface water run-off.
 Location of roads, easements (such as water, drainage, utilities, pedestrian,
vehicular, and conservation easements) and lot lines.
b) Proposed number and type of horse(s) to be kept.
c)
A manure storage and removal plan.
d) A plan to describe how the property shall be maintained so that it will not
constitute a nuisance.
e)
No barn shall be occupied until it has been inspected and approved by the Animal
Inspector and building inspector when applicable.
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(2) Applicants for new licenses must notify all abutters within 150’of all property lines of
their application by certified mail, return receipt. These receipts, along with a copy of the
letter, must be filed with the Board of Health before the application will be acted upon. A
property owner shall promptly notify, in writing, the Board of Health of any proposed
change of any of the following: relocation of shelter or manure areas, an increase in the
maximum number of horses to be kept and a change from private to commercial or vise
versa. The Board of Health or Health Agent shall promptly review and act on such
request.


Commercial licenses shall be renewed annually and expire on December 31 st of
each year.
Private licenses are issued on a one-time basis.
(3) No license for a Barn for a single horse shall be issued unless the entire lot of land on
which the Barn is erected or is to be erected comprises at least 12,500 square feet of
suitable land. No such license shall be issued for two (2) horses to be kept on any lot of
land that contains less than 25,000 square feet or for three (3) horses on any lot of land
that contains less than 37,500 square feet. Licenses for any additional horse(s) shall be
subject to review by the Board of Health.
7.05
7.06
BARN REQUIREMENTS
(1)
All horses shall be provided with stabling as specified by these regulations.
(2)
Any person who proposes a change greater than 50 square feet in the footprint of
the Barn, shall notify in writing the building inspector and the Board of Health or
it’s agent of the proposed change.
(3)
Bedding, if used shall consist of clean straw, shavings or like substance,
generally considered to be environmentally safe and shall not contain any animal
fiber.
(4)
Each Barn shall be furnished with an adequate and safe water supply, both for
feeding and cleaning purposes.
(5)
Horses shall be safely confined or under an owners/handler control.
(6)
Barn (s) shall be located on land with good drainage and not susceptible to
flooding.
(7)
All electrical apparatus including light bulbs shall be provided with a suitable
safety guard to help protect the horse from injury.
PADDOCK REQUIREMENTS
(1)
Each paddock must be adequately fenced to assure that the horse is safely
restrained. The Board of Health AND/OR Animal Inspector shall determine
adequacy.
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Draft Duxbury BOH May 3, 2005
(2)
7.07
Each paddock area shall have a water receptacle and it shall be kept as
sanitary as possible.
SEPARATION REQUIREMENTS:
(a) All newly constructed barns shall be consistent with Duxbury Protective
Bylaw setback requirements.
(b) Newly Constructed Paddocks
7.08
50 feet from open drains
100 feet from standing water
or water courses
IMMUNIZATION
All horses shall be immunized annually for rabies and proof supplied to the issuance or renewal
of a license. Records of immunization shall be made available upon request.
7.09
FEED MANAGEMENT
All feed materials shall be kept in such a manner so as not to create a nuisance.
7.10
MANURE STORAGE AND HANDLING
(1) The quantity of manure that will be allowed to be stockpiled is subject to determination
by the Board of Health, its Agent, or its Animal Inspector. The determination will be
dependent upon such conditions as the size of the lot, the location of the storage area in
relation to abutters, and any other conditions, including odor that have public health
significance.
(2) Manure storage areas shall be 50 feet to property line, if covered, and 100 feet to
property line, if uncovered. Also, manure storage areas shall be 50 feet from open drains
and 150 feet from any source of drinking water supply or any wetland as determined by
the Conservation Agent.
7.11
LIMITED PRIOR USE EXEMPTION
(1) Any Barn or paddock operating in a manner that does not constitute a nuisance and/or a
health and/ or safety hazard, as determined by the Board of Health, prior to the effective
date of these regulations shall be exempt from sections 7.04(1)(a),
7.04(1)(b),7.04(1)(d),7.04(1)(e), 7.04(3), 7.04(4), 7.06(1), 7.06(3) & 7.07(a) of these
regulations. Notwithstanding the foregoing, this limited exemption from the
aforementioned Sections 7.04(1)(a), 7.04(1)(b),7.04(1)(d),7.04(1)(e), 7.04(3), 7.04(4),
7.06(1), 7.06(3) & 7.07(a) of these regulations shall not extend to the regulations
promulgated herein pertaining to manure storage areas and animal vaccination
requirements, all of which apply with full force and effect to each and every animal Barn
and/ or paddock within the Town of Duxbury. This limited exemption applies only to
Sections 7.04(1)(a), 7.04(1)(b),7.04(1)(d),7.04(1)(e), 7.04(3), 7.04(4), 7.06(1), 7.06(3) &
7.07(a)of these regulations.
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Draft Duxbury BOH May 3, 2005
(2) This limited exemption from sections 7.04(1)(a), 7.04(1)(b),7.04(1)(d),7.04(1)(e),
7.04(3), 7.04(4), 7.06(1), 7.06(3) & 7.07(a) of these regulations is not transferable, does
not follow the real estate, terminates when the relevant structure ceases to be used as a
Barn, and terminates when the relevant Barn and/or paddock becomes a nuisance and/or a
health and/or safety hazard as determined by the Board of Health. Upon termination of
this limited prior use exemption for any reason, the relevant Barn and/or paddock must at
all times thereafter comply with each and every provision of these regulations, including
but not limited to Sections 7.04(1)(a), 7.04(1)(b),7.04(1)(d),7.04(1)(e), 7.04(3), 7.04(4),
7.06(1), 7.06(3) & 7.07(a).
7.12
VARIANCES
(1)
The Board of Health may vary any section of these Health Rules and Regulations
with respect to any particular case when, in it's opinion:
(a) the enforcement thereof would do manifest injustice; and,
(b) The applicant has proved that the same degree of
environmental/public health protection required under these rules
and regulations can be achieved without strict application of the
particular section.
(2)
Every request for a variance shall be made in writing and shall state the specific
variance sought and the reasons therefore. No variance request shall be
considered until the applicant has notified all abutters within three hundred (300)
feet of all property lines by certified mail, return receipt at his own expense at
least ten (10) days before the Board of Health meeting at which the variance will
be on the agenda. The notification shall state the specific variance sought and the
reasons therefore. Proof of receipt of said notification by all applicable abutters
must be filed with the Board of Health prior to the hearing.
(3)
The Board may impose conditions, safeguards and limitations, both of time and
use to which the variance pertains. If the rights authorized by a variance are not
exercised within one (1) year from the grant of such variance, they shall lapse.
Any variance granted by the Board of Health shall be in writing. Any denial of a variance shall
also be in writing and shall contain a brief statement of the reasons for the denial. A copy of the
variance shall be available to the public at all reasonable hours in the office of the Board of
Health while it is in effect.
7.13
VARIANCES WITH TRANSFER OF PROPERTY
Variances granted will continue upon the transfer of property provided: the basis for the granting
of the variance is unchanged, the license has not expired, and an application is made to renew the
license within six months of the property transfer.
7.14
APPEAL PROCESS
Any person aggrieved by a decision of the Board of Health in enforcement of
these regulations may request a hearing before the Board of Health by filing
within seven (7) days following receipt of a written order, a written petition
requesting a hearing on the matter. Upon receipt of such petition, the Board of
Health shall set a time and a place for such a hearing, and shall inform the
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Draft Duxbury BOH May 3, 2005
petitioner thereof in writing. After the hearing, the Board of Health shall sustain,
modify, or withdraw the order, and may suspend or revoke the license or license
and shall inform the petitioner in writing of the decision. If the Board of Health
sustains or modified the order, it shall be carried out within the time period
allotted in the original order or in the modification. Any person aggrieved by the
decision of the Board of Health may seek relief therefore in any court of
competent jurisdiction as provided by the laws of the Commonwealth of
Massachusetts.
7.15
ENFORCEMENT
(1)
Upon any violation of these regulations a written “Notice of Non-Compliance”,
including the correction to be taken within a specific period, shall be issued on
behalf of the Board of Health. The “Notice of Non-Compliance” shall be issued
to the property owner and shall become part of the file of any license holder.
(2)
Failure to respond to a “Notice of Non-Compliance” and/or failure to take
corrective action required by the “Notice of Non-Compliance” shall result in a
show cause hearing before the Board of Health.
(3)
Any person violating the provisions of these regulations may be subject to a fine
through the process of non-criminal disposition after a written warning has been
issued. Each day of non-compliance shall constitute a separate violation. A
“Notice of Non-Compliance” shall be considered a written warning for the
purpose of this section.
The Duxbury Board of Health after a written warning and a show cause hearing
may revoke a Barn License for cause if a license holder fails and/or refuses to
follow the provisions of these regulations. A “Notice of non-compliance” shall be
considered a written warning for the purpose of this section.
(4)
7.16
SEVERABILITY
If any regulation, paragraph, sentence, clause, phrase or word of these regulations shall be
declared in valid for any reason severable whatsoever, that decision shall not affect any other
provisions of these regulations which shall remain in full force
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