HB246 (2009) Detail

Relative to encouraging discretionary preservation easements for historic structures.


HB 246 – AS INTRODUCED

2009 SESSION

09-0258

10/03

HOUSE BILL 246

AN ACT relative to encouraging discretionary preservation easements for historic structures.

SPONSORS: Rep. Baldasaro, Rock 3; Rep. Emiro, Rock 3; Rep. McKinney, Rock 3; Rep. K. Hutchinson, Rock 3; Rep. Headd, Rock 3; Sen. Carson, Dist 14; Sen. Letourneau, Dist 19

COMMITTEE: Local and Regulated Revenues

ANALYSIS

This bill adds historic structures to the properties which may be granted a preservation easement under RSA 79-D.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0258

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to encouraging discretionary preservation easements for historic structures.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Discretionary Preservation Easements; Policy; Historic Structures Added. Amend RSA 79-D:1 to read as follows:

79-D:1 Declaration of Public Interest. It is hereby declared to be in the public interest to encourage the preservation of historic agricultural structures and other historic structures which are potentially subject to decay or demolition, thus maintaining the historic rural character of the state’s landscape, sustaining agricultural traditions, and providing an attractive scenic environment for work and recreation of the state’s citizens and visitors. It is further declared to be in the public interest to prevent the loss of historic agricultural structures and other historic structures due to property taxation at values incompatible with their preservation. The means for encouraging preservation of historic agricultural structures and historic structures authorized by this chapter is the acquisition of discretionary preservation easements by town or city governments to assure preservation of such structures which provide a demonstrated public benefit.

2 Definition; Discretionary Preservation Easement; Historic Structures Added. Amend RSA 79-D:2, I to read as follows:

I. “Discretionary preservation easement” means a preservation easement of either an historic agricultural structure, including the land necessary for the function of the building, or an historic structure, granted to a city or town for a term of 10 or more years.

3 New Paragraph; Definition; Historic Structure. Amend RSA 79-D:2 by inserting after paragraph III the following new paragraph:

IV. “Historic structure” means a structure meeting all of the following:

(a) The structure is 100 years or greater in age.

(b) The structure is a significant example of a particular historical period or architectural style.

(c) The original core structure must have retained a minimum of 75 percent of its original external features and be free of major external alterations or additions.

(d) The structure has been identified by the local historic district commission, or local heritage commission if no historic district commission exists, as having local historic significance or historic qualities making it worthy of preservation.

4 Qualifying Structure; Reference Added. Amend RSA 79-D:3, I to read as follows:

I. Any owner of an historic agricultural structure or historic structure who wishes to maintain the structure in a use consistent with the purposes of this chapter may apply to the governing body of the municipality in which the property is located to convey a discretionary preservation easement to the municipality.

5 Applications. Amend RSA 79-D:4 to read as follows:

79-D:4 Application Procedure.

I. Any owner of an historic agricultural structure or historic structure which meets the tests of public benefit in RSA 79-D:3, II may apply to the governing body to grant a discretionary preservation easement to the municipality, agreeing to maintain the structure in keeping with its historic integrity and character during the term of the easement.

II. No owner of an historic agricultural structure or historic structure shall be entitled to have a particular structure classified for any tax year under the provisions of this chapter unless the owner has applied to the governing body on or before April 15 of the tax year on a form provided by the commissioner of the department of revenue administration. Such application shall include a map showing the location of the structure to be subject to the discretionary preservation easement, and a description of how the property meets the tests of public benefit in RSA 79-D:3.

6 Approval; Denial. Amend RSA 79-D:5, I to read as follows:

I. If, after a duly noticed public hearing, the governing body finds that the proposed preservation of such historic agricultural structure or historic structure is consistent with the purposes of this chapter, it may take steps to acquire a discretionary preservation easement as provided in this chapter. In exercising its discretion, the local governing body may weigh the public benefit to be obtained versus the tax revenue to be lost if such an easement is granted. The governing body shall have no more than 60 days to act upon the application.

7 Effective Date. This act shall take effect April 1, 2009.