SB 518-FN – AS AMENDED BY THE SENATE
03/13/08 0882s
2008 SESSION
08/09
SENATE BILL 518-FN
AN ACT relative to agricultural restricted covenants.
SPONSORS: Sen. Cilley, Dist 6; Sen. Fuller Clark, Dist 24; Rep. Essex, Hills 1; Rep. O'Connell, Hills 6; Rep. Snow, Rock 1; Rep. Phinizy, Sull 5
COMMITTEE: Wildlife, Fish and Game and Agriculture
This bill creates agricultural restricted covenants.
This bill also restricts construction and building on agricultural easements.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/13/08 0882s
08-2865
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to agricultural restricted covenants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Agricultural Preservation Restrictions. Amend RSA 432:18, II to read as follows:
II. “Agricultural preservation restriction” means the restraint placed on the development rights of agricultural land, whether stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the land which is appropriate to retaining land or water areas predominantly in their agricultural use, to prohibit or limit (1) construction or placement of buildings except those used for agricultural purposes [or for dwellings used for family living by the landowner, his immediate family or employees]; (2) excavation, dredging, or removal of loam, sod, peat, gravel, soil, rock, or other mineral substance in such a manner as to adversely affect the land’s future agricultural potential; or (3) other acts or uses detrimental to such retention of the land for agricultural use.
2 New Paragraph; Agricultural Restricted Covenants; Definition. Amend RSA 432:18 by inserting after paragraph II the following new paragraph:
II-a. “Agricultural restricted covenant” means a covenant entered into between a landowner and the department for a limited time set by the parties with financial or technical assistance provided by the department in return for guarantees of continued farm use of the property for a minimum specified time period.
3 Site; Agricultural Restricted Covenant Added. Amend RSA 432:18, IX to read as follows:
IX. “Site” means a specific land area for agricultural purposes in which agricultural land development rights including agricultural restricted covenants are acquired in order to preserve land suitable for agricultural production.
4 New Paragraph; Duties of the Commissioner. Amend RSA 432:21 by inserting after paragraph V the following new paragraph VI:
VI. Adopt rules relative to procedures for granting financial or technical assistance for aid for the creation of agricultural restricted covenants.
5 Administration; Agricultural Restricted Covenants. Amend RSA 432:22, I to read as follows:
I. Acquisition of agricultural land development rights shall be conducted in cooperation with a landowner upon review pursuant to this section. Any proposal for designating a site as an agricultural preservation restriction area or a site for an agricultural restricted covenant shall be submitted by the landowner to the committee for approval.
6 Administration; Agricultural Restricted Covenants. Amend RSA 432:22, V to read as follows:
V. The committee shall view each parcel subject to agricultural preservation restriction or an agricultural restricted covenant not less than once every 2 years to assure that its use complies with law and the rules of the committee. The committee may delegate responsibility for monitoring of the agricultural preservation restriction or the agricultural restricted covenant to the department, to the conservation commission in the municipality, or to the conservation district, in which the parcel is situated. Such commission or district shall submit a report of its inspection to the committee in a timely manner.
7 Release; Agricultural Restricted Covenants. Amend RSA 432:24, I-II to read as follows:
I. Agricultural preservation restrictions shall be in perpetuity except as released pursuant to this section and RSA 432:25. Agricultural restricted covenants shall run in accordance with the agreement between a landowner and the department except as released pursuant to this section and RSA 432:25. All customary rights and privileges of ownership shall be retained by the owner including the right to privacy and the right to carry out all regular agricultural practices which are not prohibited by RSA 432:18, II.
II. Agricultural preservation restrictions and agricultural restricted covenants may be released by the committee if the site is no longer suitable for agricultural purposes. An owner of an agricultural preservation site may request the committee’s approval to release the restriction for the public good. Prior to the release of the agricultural land development rights by the committee, a public hearing shall be conducted in the municipality in which the site is located. A notice of said hearing shall specify the grounds for the hearing as well as the date, time and place, and at least 14 days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the municipality. A legal notice of the hearing shall also be posted in at least 3 public places in such city or town. The 14 days shall not include the day of publication nor the day of the meeting, but shall include any Saturdays, Sundays and legal holidays within said period. At least 2 committee members shall sit on the hearing panel.
8 Easement Restriction. For all agricultural easements acquired under RSA 432 after July 1, 2008, the construction or placement of any building is prohibited except those used solely for agricultural purposes.
9 Effective Date. This act shall take effect July 1, 2008.
LBAO
08-2865
12/19/07
SB 518-FN - FISCAL NOTE
AN ACT relative to agricultural restricted covenants.
FISCAL IMPACT:
The Department of Agriculture, Markets and Foods has determined this bill may increase state expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county and local expenditures or on state, county and local revenues.
METHODOLOGY:
The Department of Agriculture, Markets and Foods stated this bill includes the following language; “that a covenant entered into between a landowner and the department for a limited time set by the parties with financial assistance provided by the department”. The Department is unable to estimate the increase in state expenditures due to unknown factors including the number of potential applicants, the amount of financial assistance to be awarded and the length of time each agricultural restricted covenant will be in place.