New Hampshire Administrative Code

(a) Board meetings shall be open to the print and electronic media. (b) The chairperson or a designee shall limit the activity of the print and electronic media to avoid disruption by: (1) Limiting the placement of television cameras to specific locations in the room where the bo…

(a) Board meetings shall be presided over by the chairperson or a designee. (b) The chairperson or designee shall: (1) Call the meeting to order; (2) Determine whether a quorum of the board is present; (3) Cause a recording of the board meeting to be made; (4) Cause minutes to be…

(a) Each person requesting to speak on the issue or issues which are the subject of the board meeting shall provide the following information on a speakers list: (1) His or her full name; and (2) The name of each interest group which he or she represents, if applicable. (b) Each …

(a) In conducting board meetings, the chairperson or a designee, at any time before or during a board meeting shall:(1) Refuse to recognize a person who refuses to comply with Cub 103.06, above; (2) Revoke recognition of a speaker who does not comply with Cub 103.06 above; (3) Li…

(a) All board meetings shall be recorded. (b) The recording shall be kept available for inspection. (c) Persons requesting the transcript shall bear the cost of transcription. (d) A copy of the recording may be requested in lieu of a written transcript. (e) Persons requesting a c…

"Rulemaking" means the process for the amendment, repeal or adoption of a rule. Notes N.H. Admin. Code § Cub 202.01 #8570-A, eff 2-18-06

(a) A person may request the board to commence a proceeding for the purpose of adopting, amending or repealing a rule by filing a written petition containing: (1) A statement of the petitioner's request for the proposed rules; (2) The text of the proposed rule or a statement of t…

(a) The chair of the board shall request additional data or argument from the petitioner, if necessary, to clarify the petitioner's argument. (b) The chair of the board shall, pursuant to RSA 541-A:4, notify the petitioner in writing within 30 days of receipt of the petition that…

For the purpose of this part, "hearing" means a noticed meeting, pursuant to RSA 541-A:6, for the purpose of the receipt by the board of information, documentation, oral or written testimony, or any combination of these for the purpose of rulemaking. Notes N.H. Admin. Code § Cub …

Pursuant to RSA 541-A:6, notice for a rulemaking hearing shall be placed in the New Hampshire rulemaking register. Notes N.H. Admin. Code § Cub 203.02 #8570-A, eff 2-18-06

(a) Rulemaking hearings shall be presided over by the chairperson of the board or the chairperson's designee. (b) The presiding person shall:(1) Establish the speaking order of those who wish to be heard from a speaker's list; (2) Cause a record to be made; (3) Limit the amount o…

(a) Each person who wishes to speak on the proposed rules shall, on a speakers list provided by the board, provide his or her full name before the last speaker on the list has finished speaking. (b) All persons whose names appear on the speakers list shall be afforded an opportun…

(a) Rulemaking hearings shall be open to the print and electronic media; (b) The placement of television cameras shall have specific locations in the room where the board meeting is being held; and (c)Interviews shall not be conducted within the room where the board meeting is be…

(a) A record of the hearing shall be made in the form of:(1) Minutes taken during the hearing; and (2) A taped recording of the hearing when members of the public are in attendance. (b) The taped recording shall be kept available for inspection for no less than 6 months from the …

(a) Within 30 days after the adoption of a rule, any person may request an explanation regarding the adoption of rules pursuant to RSA 541-A:11, VII by submitting a written request that the board's chairperson issue a statement explaining the following: (1) The principle reasons …

The chairperson shall issue a response to the request in Cub 204.01 above within 60 days providing the information required by Cub 204.01(a). Notes N.H. Admin. Code § Cub 204.02 #8570-B, eff 2-18-06 Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11163, E…

"Declaratory ruling" means a written statement issued by the board in response to a petition by a person to interpret and apply the board laws or rules to the person's specific set of facts. Notes N.H. Admin. Code § Cub 205.01 #8570-A, eff 2-18-06

(a) Any person filing a petition for declaratory ruling with the board shall file it at least 90 days prior to the date of the proposed action and include: (1) Full name and address of each interested party; (2) A full and precise statement of the reasons for the proposed action;…

A declaratory ruling issued to a petitioner with respect to a particular action shall represent a holding of the board on that action for that person only. Notes N.H. Admin. Code § Cub 205.03 #8570-A, eff 2-18-06

Declaratory rulings issued by the board shall be filed pursuant to RSA 541-A:16, II (b), and edited subject to RSA 21-J: 14. Notes N.H. Admin. Code § Cub 205.04 #8570-A, eff 2-18-06

The purpose of this part is to provide a uniform procedure for the conduct of public forums and subcommittee meetings. Notes N.H. Admin. Code § Cub 207.01 #8570-B, eff 2-18-06 Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11163, Effective 8/24/2016, Exp…

This part shall apply to: (a) Public forums required pursuant to RSA 79-A:4, III, at which interested persons may testify and submit information or written testimony; and (b) Subcommittee meetings at which interested persons may testify and submit information or written testimony…

(a) "Forum" means a publicly noticed meeting, pursuant to RSA 541-A:6, for the purpose of receipt by board members of information, documentation, oral or written testimony, or any combination of these for the purpose of satisfying the board's statutory requirements. (b) "Subcommi…

(a) Notice for public forums concerning current use rules shall be: (1) Posted in the House and Senate clerks' offices; (2) Posted in the department's lobby at Governor Hugh J. Gallen Office Park South, 109 Pleasant Street, in Concord, NH; (3) Posted in the department of natural …

(a) Public forums or subcommittee meetings shall be presided over by the chairperson or the chairperson's designee. (b) The chairperson or designee shall:(1) Call the public forum and subcommittee meeting to order; (2) Cause a recording to be made; (3) Cause minutes to be taken; …

(a) Each person who wishes to speak on the issue or issues which are the subject of the public forum or subcommittee meeting shall provide the following information on a speakers list: (1) His or her full name; and (2) The names of each interest group which he or she represents, …

(a) Public forums and subcommittee meetings shall be open to the print and electronic media. (b) The chairperson or a designee shall limit the activity of the print and electronic media to avoid disruption by: (1) Limiting the placement of television cameras to specific locations…

"Accident, mistake, or misfortune" means something outside a person's control, or something which a reasonably prudent person would not be expected to guard against or provide for. Notes N.H. Admin. Code § Cub 301.01 #5343, eff 3-05-92 (See Revision Note at chapter heading for Cu…

"Betterment" means the installation or construction of improvements which influence the value of land, such as: (a) Roads, with the exception of roadways and trails pursuant to Cub 303.06; (b) Water lines, with the exception of irrigation lines pursuant to Cub 303.09; (c) Sewage …

"Certified tree farm" means a tree farm that has received from the NH Tree Farm Committee: (a) A tree farm approval letter that the tree farm meets the requirements of the national tree farm program of the American Forest Foundation; or (b) A current renewal letter. Notes N.H. Ad…

"Contiguous parcels" means more than one parcel of land, having identical ownership, which is connected, disregarding whether it is divided by a highway, railbed, river, or water body or the boundary of a political subdivision. Notes N.H. Admin. Code § Cub 301.04 #5343 (See Revis…

"Curtilage" for the purposes of this chapter means the land upon which a structure stands and the land immediately surrounding the structure, including the following: (a) A yard contiguous to the structure; (b) Land groomed and maintained around the structure; and (c) Land necess…

"Development area" means that area within a development plan which is undergoing physical changes as referenced in Cub 301.02. Notes N.H. Admin. Code § Cub 301.06 #5343 (See Revision Note at chapter heading for Cub 300), eff 3-05-92; EXPIRED: 3-5-98 New. #6720, eff 3-27-98; renum…

"Development plan" means: (a) Any subdivision plat, site plan, or building permit application supporting documents or similar documents required by state law or municipal ordinance and filed with the appropriate officials; or (b) A document prepared by the landowner describing hi…

"Equipment" means devices which are not permanently affixed and are used exclusively for a farming or forestry purpose that, upon being situated or relocated, does not affect the utility of the underlying land, such as, but not limited to: (a) Transportable animal shelters; (b) S…

"Highest and best use" means that use which will most likely produce the highest market value, greatest financial return, or the most profit. Notes N.H. Admin. Code § Cub 301.09 #5343 (See Revision Note at chapter heading for Cub 300); eff 3-05-92, EXPIRED: 3-5-98 New. #6720, eff…

"Irrigation" means to supply controlled amounts of water to grow in-ground crops or to supply drinking water to pastured livestock pursuant to Cub 303.09. Notes N.H. Admin. Code § Cub 301.10 #5343 (See Revision Note at chapter heading for Cub 300); eff 3-05-92; s by #5591, eff 2-…

"Map" means a drawing or a survey of a parcel or tract of land, qualified for current use assessment pursuant to Cub 304, which includes but is not limited to the following: (a) Identification of the entire parcel or tract of land oriented to establish the location by including: …

"Municipal assessing officials" means those charged by law with the duty of assessing taxes, including the: (a) Governing body of a municipality; (b) Board of assessors or selectmen of a municipality; or (c) County commissioners of an unincorporated place. Notes N.H. Admin. Code …

"Municipality" means a city, town, or unincorporated place. The term includes "municipal". Notes N.H. Admin. Code § Cub 301.13 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12857-B, Effective 8/23/2019, Expires 8/23/2029.

"Not in current use (NICU)" means land not in current use as identified by the map, which has: (a) Not met the qualifying criteria for current use assessment; or (b) Not been included by the landowner(s) as being enrolled in current use assessment. Notes N.H. Admin. Code § Cub 30…

"Parcel" means a separate plot of land as identified by the municipality tax map and lot number. Notes N.H. Admin. Code § Cub 301.15 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12857-B, Effective 8/23/2019, Expires 8/23/2029.

"Seasonal tunnel" means a non-permanent covering, used exclusively for extending the growing season or for enhancing the growth of crops grown in the underlying farm land, which: (a) Consists of fastened framing covered with membrane sheeting or other similar coverings which can …

"Soil potential index (SPI)" means a number which indicates the production capability of farm land as determined by the United States Natural Resource Conservation Service, and which is obtainable through the county conservation district offices. Notes N.H. Admin. Code § Cub 301.…

"Structures" means buildings, appurtenances, or other man-made improvements and impediments which alter and interfere with the natural state of the land. Notes N.H. Admin. Code § Cub 301.18 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12857-B, Effec…

"Tax year" means April 1 of any year to March 31 of the next year, inclusive. Notes N.H. Admin. Code § Cub 301.19 Derived from Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12857-B, Effective 8/23/2019, Expires 8/23/2029.

"Tract" means contiguous parcels of land having identical ownership which qualify for current use assessment in any category or combination of categories as described under Cub 304.01. Notes N.H. Admin. Code § Cub 301.20 Derived from Volume XXXIX Number 37, Filed September 12, 20…