HB424: relative to the land use change tax.

CHAPTER 84

HB 424-FN-A – FINAL VERSION

24Mar2009… 0883h

2009 SESSION

09-0648

09/10

HOUSE BILL 424-FN-A

AN ACT relative to the land use change tax.

SPONSORS: Rep. Owen, Merr 4

COMMITTEE: Environment and Agriculture

AMENDED ANALYSIS

This bill clarifies that land which is used in the satisfaction of density, setback, or other local, state, or federal requirements as part of a contiguous development area shall be considered changed to a use that does not quality for current use assessment at the time each lot is developed, or such development area is physically changed to a non-qualifying use.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Mar2009… 0883h

09-0648

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the land use change tax.

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

84:1 Land Use Change Tax. Amend RSA 79-A:7, V (a) to read as follows:

(a) When a road is constructed or other utilities installed pursuant to a development plan which has received all necessary local, state or federal approvals, all lots or building sites, including roads and utilities, shown on the plan and served by such road or utilities shall be considered changed in use, with the exception of any lot or site, or combination of adjacent lots or sites shown thereon which are under the same ownership, and large enough to remain qualified for current use assessment [under the completed development plan]; provided, however, that if any physical changes are made to the land prior to the issuance of any required local, state or federal permit or approval, or if such changes otherwise violate any local, state or federal law, ordinance or rule, the local assessing officials may delay the assessment of the land use change tax until any and all required permits or approvals have been secured, or illegal actions remedied, and may base the land use change tax assessed under RSA 79-A:7 upon the land’s full and true value at that later time.

84:2 Land Use Change. RSA 79-A:7, V(b) is repealed and reenacted to read as follows:

(b) When land is required to remain undeveloped to satisfy density, setback, or other local, state, or federal requirements as part of the approval of a plan of a contiguous development area, such land shall be considered changed to a use which does not qualify for current use assessment at the time any portion of such development area is physically changed to a non-qualifying use. However, application of the land use change tax to such development area shall continue to be in accordance with subparagraph (a).

84:3 Effective Date. This act shall take effect July 1, 2009.

Approved: June 9, 2009

Effective Date: July 1, 2009