Bill Text - HB663 (2019)

Relative to the definition of agriculture and existing agricultural uses.


Revision: Jan. 16, 2019, 9:44 a.m.

HB 663 - AS INTRODUCED

 

 

2019 SESSION

19-0827

08/10

 

HOUSE BILL 663

 

AN ACT relative to the definition of agriculture and existing agricultural uses.

 

SPONSORS: Rep. Pearl, Merr. 26; Rep. Lang, Belk. 4

 

COMMITTEE: Environment and Agriculture

 

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ANALYSIS

 

This bill makes changes to the definitions of agriculture and existing agricultural activities and uses in zoning and planning ordinances and rules.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0827

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the definition of agriculture and existing agricultural uses.

 

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

 

1  Definition of Agriculture.  Amend RSA 21:34-a, II(b)(5) to read as follows:

(5)  The marketing or selling at wholesale,[ or] retail, or, if a nonprofit, for a donation, of any products from the farm, on-site and off-site, where not prohibited by local regulations.  Marketing includes agritourism, which means attracting visitors to a farm 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 about farm operations, or active involvement in the activity of the farm.

2  Existing Agricultural Uses and Activities; Significant Expansion Defined.  Amend RSA 674:32-b to read as follows:

674:32-b  Existing Agricultural Uses and Activities.

I.  Any agricultural use or activity which exists pursuant to RSA 674:32-a may without restriction be expanded, altered to meet changing technology or markets, or changed to another agricultural use, as set forth in RSA 21:34-a, so long as any such expansion, alteration, or change complies with all federal and state laws, regulations, and rules, including best management practices adopted by the commissioner of agriculture, markets, and food; subject, however, to the following limitations:

[I.] (a)  Any new establishment, re-establishment after abandonment, or significant expansion of an operation involving the keeping of livestock, poultry, or other animals may be made subject to special exception, building permit, or other local land use board approval.

[II.] (b)  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.

II.  In this section, "significant expansion" means any activity or use that expands a structure on the property by 25 percent.

3  Agritourism; Cross Reference Changed.  Amend RSA 674:32-d to read as follows:

674:32-d  Agritourism Permitted.  Agritourism, as defined in RSA 21:34-a, shall not be prohibited on any property where the primary use of the property is for agriculture, subject to [RSA 674:32-b, II] RSA 674:32-b, I(b).

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

HB 663 - AS INTRODUCED

 

 

2019 SESSION

19-0827

08/10

 

HOUSE BILL 663

 

AN ACT relative to the definition of agriculture and existing agricultural uses.

 

SPONSORS: Rep. Pearl, Merr. 26; Rep. Lang, Belk. 4

 

COMMITTEE: Environment and Agriculture

 

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

 

ANALYSIS

 

This bill makes changes to the definitions of agriculture and existing agricultural activities and uses in zoning and planning ordinances and rules.

 

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

 

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.

19-0827

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the definition of agriculture and existing agricultural uses.

 

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

 

1  Definition of Agriculture.  Amend RSA 21:34-a, II(b)(5) to read as follows:

(5)  The marketing or selling at wholesale,[ or] retail, or, if a nonprofit, for a donation, of any products from the farm, on-site and off-site, where not prohibited by local regulations.  Marketing includes agritourism, which means attracting visitors to a farm 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 about farm operations, or active involvement in the activity of the farm.

2  Existing Agricultural Uses and Activities; Significant Expansion Defined.  Amend RSA 674:32-b to read as follows:

674:32-b  Existing Agricultural Uses and Activities.

I.  Any agricultural use or activity which exists pursuant to RSA 674:32-a may without restriction be expanded, altered to meet changing technology or markets, or changed to another agricultural use, as set forth in RSA 21:34-a, so long as any such expansion, alteration, or change complies with all federal and state laws, regulations, and rules, including best management practices adopted by the commissioner of agriculture, markets, and food; subject, however, to the following limitations:

[I.] (a)  Any new establishment, re-establishment after abandonment, or significant expansion of an operation involving the keeping of livestock, poultry, or other animals may be made subject to special exception, building permit, or other local land use board approval.

[II.] (b)  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.

II.  In this section, "significant expansion" means any activity or use that expands a structure on the property by 25 percent.

3  Agritourism; Cross Reference Changed.  Amend RSA 674:32-d to read as follows:

674:32-d  Agritourism Permitted.  Agritourism, as defined in RSA 21:34-a, shall not be prohibited on any property where the primary use of the property is for agriculture, subject to [RSA 674:32-b, II] RSA 674:32-b, I(b).

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