Title XL, Agriculture, Horticulture and Animal Husbandry

The governing body of the district shall consist of 5 supervisors appointed by the state conservation committee, who shall be land occupiers in the district. Associate supervisors, who shall be land occupiers in the district, shall be appointed by the governing body as deemed nec…

The supervisors of each district shall designate a chairman and may from time to time change their chairman. The term of office of each supervisor shall be 3 years, excepting that for those first appointed there shall be one for one year, 2 for 2 years, and 2 for 3 years. A super…

The supervisors may employ such employees as they may require and shall determine their qualifications, duties and compensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents or employees, such powers and duties as they may d…

A conservation district organized under the provisions of this subdivision, and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this subdivision: I. To conduct surveys, investigations and research relating to the charac…

Insofar as any of the provisions of this subdivision are inconsistent with the provisions of any other law, the provisions of this subdivision shall be controlling.

In this subdivision: I. "Agricultural land development rights" means the rights of the fee simple owner of agricultural land to construct on, sell, lease or otherwise improve the agricultural land for uses that result in rendering such land no longer suitable for agricultural use…

I. There is hereby established an agricultural lands preservation committee which shall function within the department of agriculture, markets, and food. II. The committee shall consist of 9 voting members and 2 nonvoting members, to be appointed as follows: (a) The commissioner …

In order to carry out the purposes of the Soil Conservation and Domestic Allotment Act enacted by the Congress of the United States, the department of agriculture, markets, and food of the state of New Hampshire is hereby designated as the agency of the state of New Hampshire to …

I. The committee shall evaluate and accept or reject sites proposed by a landowner pursuant to RSA 432:22. The committee shall consider in their evaluation, at a minimum, the following: (a) The degree to which the acquisition would serve to preserve the agricultural potential of …

The commissioner shall, with the advice and consent of the committee, and in accordance with RSA 541-A: I. [Repealed.] II. Adopt rules relative to criteria to define and classify agricultural lands. III. Adopt rules relative to procedures for the purchasing of agricultural land d…

I. Acquisition of agricultural land development rights shall be conducted in cooperation with a landowner upon review pursuant to this section. Any proposal for designating a site as an agricultural preservation restriction area or a site for an agricultural restricted grant shal…

Land designated as an agricultural preservation site and utilized for agricultural production shall be assessed for general property tax purposes at values no greater than those determined to be the fair market value for such land as determined by the current use board establishe…

I. Agricultural preservation restrictions shall be in perpetuity except as released pursuant to this section and RSA 432:25 and as may be further set forth in the terms of the deed. Agricultural restricted grants shall run in accordance with the agreement between a landowner and …

I. Development rights of agricultural lands may be acquired by any governmental body or charitable corporation or trust which has the authority to acquire interests in land. The restrictions arising from the acquisition of the development rights may be enforced by injunction or o…

Prior to action by a governmental body to acquire the development rights or release or approve the agricultural preservation restriction, the body shall consider the public interest in such agricultural preservation, any national, state, regional or local program in furtherance t…

I. Acquisition of the developmental rights or release of the preservation restrictions on agricultural land shall be evidenced by certificates issued by the commissioner and shall be recorded pursuant to RSA 477:3-a in the appropriate registry of deeds by the commissioner. Record…

Any prior right, easement, privilege, restriction or condition relative to a designated site which then becomes subject to an agricultural preservation restriction shall remain enforceable. The restriction shall be subject to the prior covenants except upon the express release of…

I. Any powers granted by general or special law to acquire land for public uses by purchase, gift or eminent domain shall not be diminished; provided that alternative land areas are considered. II. Public utility companies may obtain easements by eminent domain on sites designate…

The department is hereby authorized, empowered and directed to formulate and submit to the Secretary of Agriculture, in conformity with the provisions of said Soil Conservation and Domestic Allotment Act , a state plan for each year. It shall be the purpose of each such plan and …

There is established a separate account to which shall be credited all funds appropriated or acquired to provide financial and technical assistance associated with this subdivision. This shall be a nonlapsing account, and funds in said account are hereby appropriated for the purp…

The committee is authorized to apply for and accept public or private grants, gifts, or donations of any kind and to use and dispose of money, services and property received from such contributions for the purposes of this subdivision.

The purchase of any agricultural land preservation restrictions or development rights in the name of the state of New Hampshire or their release, in whole or in part, by the state pursuant to the provisions of this subdivision shall be approved by governor and council.

"Agricultural operation" when used in this subdivision includes any farm, agricultural or farming activity as defined in RSA 21:34-a.

No agricultural operation shall be found a public or private nuisance as a result of changed conditions in or around the locality of the agricultural operation, if such agricultural operation has been in operation for one year or more and if it was not a nuisance at the time it b…

The provisions of this subdivision shall not apply if a nuisance results from the negligent or improper operation of an agricultural operation. Agricultural operations shall not be found to be negligent or improper when they conform to federal, state and local laws, rules and reg…

Nothing contained in this subdivision shall be construed to modify or limit the duties and authority conferred upon the department of environmental services under RSA 485 or RSA 485-A or the commissioner of agriculture, markets, and food under any of the chapters in this title.

Upon the acceptance of each such plan by the Secretary of Agriculture and his approval of the plan, the department is authorized and empowered to accept and receive all grants of money made, pursuant to the Soil Conservation and Domestic Allotment Act, for the purpose of enabling…

In carrying out the provisions of this subdivision and of each such plan, the department shall have power to designate administrative areas; to provide for the selection or election of local, county, and state committees of persons participating or cooperating in the plan; to emp…

The department, in its annual report, shall cover the administration of such plan and its operations for each year, including the expenditures of funds.

The department shall have no authority to incur any obligation or liability against the state of New Hampshire under this subdivision for the expenditure of funds other than the expenditure of funds payable from the soil conservation fund, pursuant to the appropriations made ther…

It is hereby declared to be the policy of the state to provide for the establishment of conservation districts under the supervision of a state conservation committee, said districts to be composed of landowners and land occupiers within the district, who may join together in the…

As used in this subdivision the following words shall have the following meanings: I. "Adaptation" means the process of adjustment to actual or scientifically projected conditions. II. "District" or "conservation district" means the territory included within the boundaries of a c…