Bill Text - SB345 (2016)

Relative to the definition of agritourism.


Revision: March 8, 2016, midnight

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SB 345  - AS INTRODUCED

 

2016 SESSION

\t16-2697

\t08/09

 

SENATE BILL\t345

 

AN ACT\trelative to the definition of agritourism.

 

SPONSORS:\tSen. Boutin, Dist 16; Sen. Birdsell, Dist 19; Sen. Daniels, Dist 11; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Morse, Dist 22; Sen. Reagan, Dist 17; Sen. Sanborn, Dist 9; Sen. Soucy, Dist 18; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Cushing, Rock. 21; Rep. Luneau, Merr. 10; Rep. Moffett, Merr. 9

 

COMMITTEE:\tPublic And Municipal Affairs

 

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ANALYSIS

 

\tThis bill defines agritourism and permits agritourism activities on any property where the primary use is agricultural.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2697

\t08/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to the definition of agritourism.

 

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

 

\t1  New Subparagraph; Agritourism Definition.  Amend RSA 21:34-a, II by inserting after subparagraph (b) the following new subparagraph:

\t\t\t(c)  Agritourism.  "Agritourism" means attracting visitors to farms to attend events and activities that are accessory uses to the primary farm operation, including, but not limited to, eating a meal, making overnight stays, enjoyment of the farm environment, education on farm operations, or active involvement in the activity of the farm.

\t2  Agritourism; Purposes of Zoning Laws.  Amend RSA 672:1, III-b to read as follows:

\t\tIII-b.  Agriculture makes vital and significant contributions to the food supply, the economy, the environment and the aesthetic features of the state of New Hampshire, and the tradition of using the land resource for agricultural production is an essential factor in providing for the favorable quality of life in the state.  Natural features, terrain and the pattern of geography of the state frequently place agricultural land in close proximity to other forms of development and commonly in small parcels.  Agricultural activities are a beneficial and worthwhile feature of the New Hampshire landscape.  Agritourism, as defined in RSA 21:34-a, is undertaken by farmers to contribute to both the economic viability and the long-term sustainability of the primary agricultural activities of New Hampshire  farms.  Agricultural activities and agritourism [and] shall not be unreasonably limited by use of municipal planning and zoning powers or by the unreasonable interpretation of such powers;

\t3  Agritourism.  Amend RSA 672:1, III-d to read as follows:

\t\tIII-d.  For purposes of paragraphs III-a, III-b, III-c, and III-e, "unreasonable interpretation'' includes the failure of local land use authorities to recognize that agriculture and agritourism as defined in RSA 21:34-a, forestry, renewable energy systems, and commercial and recreational fisheries, when practiced in accordance with applicable laws and regulations, are traditional, fundamental and accessory uses of land throughout New Hampshire, and that a prohibition upon these uses cannot necessarily be inferred from the failure of an ordinance or regulation to address them;

\t4  Agritourism; Existing Agricultural Uses.  Amend RSA 674:32-b,  II to read as follows:

\t\tII.  Any new establishment, re-establishment after disuse, or significant expansion of a farm stand, retail operation, or other use involving on-site transactions with the public, including agritourism as defined in RSA 21:34-a, may be made subject to applicable special exception, building permit, or other local land use board approval and may be regulated to prevent traffic and parking from adversely impacting adjacent property, streets and sidewalks, or public safety.

\t5  New Section; Agritourism Permitted.  Amend RSA 674 by inserting after section 32-c the following new section:

\t674:32-d  Agritourism Permitted.  Agritourism, as defined in RSA 21:34-a, shall be permitted on any property where the primary use is for agriculture, subject to RSA 674:32-b, II.

\t6  Repeal.  RSA 21:34-a, VI, relative to the definition of agritourism, is repealed.

\t7  Effective Date.  This act shall take effect 60 days after its passage.