New Hampshire Revised Statutes 432:18 – Definitions
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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. Such development rights may be severed from the fee simple right to constitute a restriction for the preservation of the agricultural land as defined in paragraphs II and II-a.
II. “Agricultural preservation restriction” means the restraint placed on the development rights of agricultural land, whether stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the land which is appropriate to retaining land or water areas predominantly in their agricultural use, to prohibit or limit (1) construction or placement of buildings except those used for agricultural purposes or for a dwelling used for family living by the landowner, his or her immediate family or employees; (2) excavation, dredging, or removal of loam, sod, peat, gravel, soil, rock, or other mineral substance in such a manner as to adversely affect the land’s future agricultural potential; or (3) other acts or uses detrimental to such retention of the land for agricultural use. Agricultural preservation restriction does not include agricultural restricted grants as defined in paragraph II-a.
II-a. “Agricultural restricted grant” means a grant given to a landowner by the department of agriculture, markets, and food for a limited time set by the parties with financial or technical assistance provided by the department in return for guarantees of continued farm use of the property for a minimum specified time period.
III. “Agricultural use” means use of land for agriculture, farming, dairying, pasturage, horticulture, floriculture, or animal or poultry husbandry.
IV. “Commissioner” means the commissioner of the department of agriculture, markets, and food.
V. “Committee” means the agricultural lands preservation committee.
VI. “Conservation commission” means the conservation commission established by a city or town pursuant to RSA 36-A.
VII. “Governing body” means, in the case of a city, the city council or the board of aldermen or, in the case of a town, the board of selectmen.
VIII. “Municipality” means any city or town.
IX. “Site” means a specific land area for agricultural purposes in which agricultural land development rights including agricultural restricted grants are acquired in order to preserve land suitable for agricultural production.
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. Such development rights may be severed from the fee simple right to constitute a restriction for the preservation of the agricultural land as defined in paragraphs II and II-a.
Terms Used In New Hampshire Revised Statutes 432:18
- Deed: The legal instrument used to transfer title in real property from one person to another.
- farm: means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 21:34-a
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
II. “Agricultural preservation restriction” means the restraint placed on the development rights of agricultural land, whether stated in the form of a restriction, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of the owner of the land which is appropriate to retaining land or water areas predominantly in their agricultural use, to prohibit or limit (1) construction or placement of buildings except those used for agricultural purposes or for a dwelling used for family living by the landowner, his or her immediate family or employees; (2) excavation, dredging, or removal of loam, sod, peat, gravel, soil, rock, or other mineral substance in such a manner as to adversely affect the land’s future agricultural potential; or (3) other acts or uses detrimental to such retention of the land for agricultural use. Agricultural preservation restriction does not include agricultural restricted grants as defined in paragraph II-a.
II-a. “Agricultural restricted grant” means a grant given to a landowner by the department of agriculture, markets, and food for a limited time set by the parties with financial or technical assistance provided by the department in return for guarantees of continued farm use of the property for a minimum specified time period.
III. “Agricultural use” means use of land for agriculture, farming, dairying, pasturage, horticulture, floriculture, or animal or poultry husbandry.
IV. “Commissioner” means the commissioner of the department of agriculture, markets, and food.
V. “Committee” means the agricultural lands preservation committee.
VI. “Conservation commission” means the conservation commission established by a city or town pursuant to RSA 36-A.
VII. “Governing body” means, in the case of a city, the city council or the board of aldermen or, in the case of a town, the board of selectmen.
VIII. “Municipality” means any city or town.
IX. “Site” means a specific land area for agricultural purposes in which agricultural land development rights including agricultural restricted grants are acquired in order to preserve land suitable for agricultural production.