SB412 (2018) Detail

Relative to agritourism.


CHAPTER 56

SB 412 - FINAL VERSION

 

03/15/2018   1011s

05/03/2018   1822EBA

 

2018 SESSION

 

18-3004

08/01

 

SENATE BILL 412

 

AN ACT relative to agritourism.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Gannon, Dist 23; Rep. Weyler, Rock. 13; Rep. Binford, Graf. 15; Rep. Eaton, Ches. 3

 

COMMITTEE: Ways and Means

 

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AMENDED ANALYSIS

 

This bill prohibits municipalities from adopting an ordinance, bylaw, definition, or policy regarding agritourism that conflicts with state statute.

 

This bill also allows the commissioner of the department of  agriculture, markets, and food to issue a declaratory ruling on whether agricultural activities constitute agritourism.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/15/2018   1011s

05/03/2018   1822EBA 18-3004

08/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to agritourism.

 

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

 

56:1  Agricultural Uses of Land; Existing Agricultural Uses.  Amend RSA 674:32-b, II to read as follows:

II.  Any new establishment, re-establishment after abandonment, 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.  No municipality shall adopt an ordinance, bylaw, definition, or policy regarding agritourism activities that conflicts with the definition of agritourism in RSA 21:34-a.

56:2  New Paragraph; Duties of Commissioner of Department of Agriculture, Markets, and Food; Agritourism Disputes.  Amend RSA 425:4 by inserting after paragraph VIII the following new paragraph:

IX.  Adjudicate disputes concerning activities that constitute agritourism pursuant to RSA 21:34-a.  Prior to a party filing a land use application with a municipality, or after such land use application is denied, an applicant may petition the commissioner for a declaratory ruling regarding whether or not a municipality’s ordinance, bylaw, definition, or policy regarding agritourism activities conflicts with RSA 21:34-a.  The commissioner’s jurisdiction shall be limited to the question of whether or not a municipality’s ordinance, bylaw, definition, or policy on agritourism conflicts with RSA 21:34-a.  The commissioner, or the commissioner’s authorized representative, shall notify the parties, hold a hearing within 30 days of such request, and shall issue a declaratory ruling within 15 days of the hearing.  The commissioner’s declaratory ruling shall be dispositive, including in future land use applications with a municipality where such ordinance, bylaw, definition, or policy is at issue.  A party aggrieved by the declaratory ruling may petition the commissioner for reconsideration within 20 days of the declaratory ruling, and thereafter, within 30 days of the decision on reconsideration, may appeal such decision to the New Hampshire supreme court.  If the applicant petitions the commissioner for a declaratory ruling, all municipal appeal processes, including those defined in RSA 677:2 shall be stayed.  The 30 day time period in which to request a rehearing shall begin on the next calendar day after the commissioner issues the declarative ruling, or after any appeal of the declarative ruling is complete.  The commissioner shall adopt rules pursuant to RSA 541-A relative to the declaratory ruling process, including, but not limited to, an allowance for timely intervention of an aggrieved party.  A municipality shall furnish the commissioner with a copy of any non-confidential appeal decision on any land use application involving whether or not a municipality’s definition or policy on agritourism conflicts with RSA 21:34-a.

56:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: May 16, 2018

Effective Date: July 15, 2018

Links

SB412 at GenCourtMobile

Action Dates

Date Body Type
Jan. 10, 2018 Senate Hearing
March 15, 2018 Senate Floor Vote
April 3, 2018 House Hearing
April 11, 2018 House Exec Session
House Floor Vote
April 19, 2018 House Floor Vote

Bill Text Revisions

SB412 Revision: 3908 Date: May 25, 2018, 11:31 a.m.
SB412 Revision: 3536 Date: May 8, 2018, 2:34 p.m.
SB412 Revision: 3279 Date: March 15, 2018, 7:14 p.m.
SB412 Revision: 2757 Date: Dec. 20, 2017, 8:21 a.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Ways and Means; SJ 1
Jan. 10, 2018 ==TIME CHANGE== Hearing: 01/10/2018, Room 100, SH, 09:40 am; SC 49
March 15, 2018 Committee Report: Ought to Pass with Amendment # 2018-1011s, 03/15/2018; SC 12
March 15, 2018 Committee Amendment # 2018-1011s, AA, VV; 03/15/2018; SJ 8
March 15, 2018 Ought to Pass with Amendment 2018-1011s, MA, VV; OT3rdg; 03/15/2018; SJ 8
March 15, 2018 Introduced 03/15/2018 and referred to Municipal and County Government HJ 8 P. 70
April 3, 2018 Public Hearing: 04/03/2018 10:00 AM LOB 301
April 11, 2018 Executive Session: 04/11/2018 LOB 301
Committee Report: Ought to Pass (Vote 16-0; CC)
April 19, 2018 Committee Report: Ought to Pass for 04/19/2018 (Vote 16-0; CC) HC 15 P. 8
April 19, 2018 Ought to Pass: MA VV 04/19/2018 HJ 13 P. 10
May 3, 2018 Enrolled Bill Amendment # 2018-1822e: AA VV 05/03/2018
May 3, 2018 Enrolled Bill Amendment # 2018-1822e Adopted, VV, (In recess of 05/03/2018); SJ 17
May 10, 2018 Enrolled 05/10/2018
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 16, 2018 Signed by the Governor on 05/16/2018; Chapter 0056; Effective 07/15/2018