Land for Sale in Franklin County, MA

Franklin County is the northwest-central part of Massachusetts along the Connecticut River, with 71,029 residents (2020 census) and Greenfield as its seat. Much of its woodland and farm land is enrolled in Massachusetts's Chapter 61 programs, which give the town a right of first refusal when enrolled land is sold for development. That changes how a sale works, and this guide explains it.

Franklin County at a glance

County seat: Greenfield. Towns include Deerfield, Shelburne, Charlemont, Colrain and Northfield.
2020 population 71,029; about 725 square miles and about 102 people per square mile; the least populous mainland county in Massachusetts.
The Connecticut River runs through the central and southern parts of the county, with steep hills on both sides.
Chapter 61 (forest), 61A (agriculture) and 61B (recreation) lower property tax on enrolled land.
A town has a 120-day right of first refusal when enrolled land is sold for, or converted to, residential, commercial or industrial use.

The Franklin County land market

Buyers look for woodland, hill farms, small acreage near the river towns and homesites in the hill towns. Typical listings are 5- to 100-acre wooded or meadow parcels. Land near Greenfield, Deerfield and Shelburne costs more than remote hill-town parcels, and parcels with road frontage, power and a perc-tested building site cost more than raw woodland.

Chapter 61 and the town's right of first refusal

Massachusetts's Chapter 61, 61A and 61B programs tax forest, agricultural and recreational land at reduced rates. When enrolled land is sold for, or converted to, residential, commercial or industrial use, the town gets a right of first refusal: it has 120 days from the mailing of a complete notice to match a bona fide offer, and a private sale generally cannot close until the town waives the right or the period runs out. A town that does nothing is treated as declining. Towns can also assign the right to a conservation organization or the Commonwealth. A buyer who files a notarized affidavit committing to keep the land in a Chapter 61 use for at least five years can avoid the right of first refusal, according to one law firm summary.

If land leaves the program, the owner pays rollback taxes, which for 61A cover the current year and the four preceding years, and a conveyance tax can apply on a sale or change of use. The land is not released until rollback is paid, and some towns assert their right for a year after land leaves the program. Ask whether a parcel is enrolled, whether a notice has been filed, and how long a sale could take. Confirm the rules with a Massachusetts real estate attorney.

Septic, wetlands and access

Massachusetts Title 5 septic rules require a soil evaluation, and wetland and river protection laws limit building near streams. Hill-town roads can be steep and gravel, and some are private ways, so confirm legal access. Ask about wells, power and broadband.

Before you buy land in Franklin County

Chapter 61 enrollment, the town's right of first refusal and the added time it can take.
Rollback and conveyance taxes if you change the use.
Title 5 septic evaluation and wetland setbacks.
Recorded legal access and whether the road is a public way.
Zoning, well, power and broadband.

Perc tests and septic for raw land Land due diligence checklist

Frequently asked questions

What is Chapter 61 in Massachusetts?

A set of programs that lower property tax on forest, farm and recreation land, with a town right of first refusal if the land is sold for development.

How long does the town have to exercise its right of first refusal?

120 days from the mailing of a complete notice, which can be extended if the buyer and seller agree.

Is Franklin County the least populous county in Massachusetts?

It is the least populous mainland county, with about 71,029 residents in 2020.