This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.
RSA 21:34-a · Farm, Agriculture, Farming
21:34-a Farm, Agriculture, Farming. –
Copy linkThe word "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. Structures shall include all farm outbuildings used in the care of livestock; in the production and storage of fruit, vegetables, or nursery stock; in the production of maple syrup; greenhouses for the production of annual or perennial plants; and any other structures used in the operations or activities named in paragraph II(a) or (b) of this section or any combination of such individual operations or activities.
Copy linkThe words "agriculture" and "farming" mean all operations or activities of a farm, including: (a)(1) The cultivation, conservation, or tillage of the soil.
Copy linkThe storage and use of or spreading of commercial fertilizer, lime, wood ash, sawdust, compost, animal manure, septage, and, where permitted by municipal and state rules and regulations, other lawful soil amendments.
Copy linkThe husbandry of livestock which shall include but not be limited to all beef or dairy cattle, steer, oxen, goats, sheep, swine, horses, mules or other equidae, as well as domesticated strains of buffalo, bison, llamas, alpacas, emus, ostriches, poultry, rabbits, yaks, elk (Cervus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), or reindeer (Rangifer tarandus).
Copy linkThe husbandry and harvesting aquaculture products including fresh or salt water finfish, shellfish, or other aquatic organisms grown for consumption or processing.
Copy linkThe production, cultivation, growing, or harvesting of any agricultural, floricultural, viticultural, forestry, or horticultural crops including, but not limited to, berries, herbs, honey, maple syrup, fruit, vegetables, tree fruit, grapes, flowers, seeds, grasses, nursery stock, sod, trees or tree products, Christmas trees grown as part of a commercial Christmas tree operation, trees grown for short rotation tree fiber, compost, or any plant that can be legally grown or harvested extensively for profit or subsistence.
Copy linkAny practice or activity on the farm incident to, ancillary to, or in conjunction with such farming operations, including, but not necessarily restricted to:
Copy linkPreparation for market, delivery to storage or to market, or to carriers for transportation to market of any products or materials from the farm.
Copy linkMarketing or selling at wholesale or retail, regardless of the manner or form of the transaction, any livestock or products derived principally from the production of the farm, including, but not limited to items listed in subparagraph (a), whether on-site or off-site, provided that marketing such products is not specifically prohibited by local regulations. For the purposes of this section marketing shall include agritourism, which means attracting visitors to a farm to attend events or activities that are accessory uses to the primary farm operation, including, but not limited to, being provided a meal, making overnight stays, enjoyment of the farm environment, education which shall be instruction or learning about the farm's operations, or active involvement in the activities of the farm.
Copy linkIrrigation of growing crops from private water supplies or public water supplies where not prohibited by state or local rule or regulation.
Copy linkThe use of dogs for herding, working, or guarding livestock, as defined in RSA 21:34-a, II(a)(4).
Copy linkThe production and storage of compost and the materials necessary to produce compost, whether such materials originate, in whole or in part, from operations of the farm.
Copy linkA farm roadside stand shall remain an agricultural operation and not be considered commercial, provided that at least 35 percent of the product sales in dollar volume is attributable to products produced on the farm or farms of the stand owner.
Copy linkManagement practices on the farm shall include technologies recommended from time to time by the university of New Hampshire cooperative extension, the New Hampshire department of agriculture, markets, and food, or appropriate agencies of the United States Department of Agriculture.
Copy linkThe term "farmers' market" means an event or series of events at which 2 or more vendors of agricultural commodities gather for purposes of offering for sale such commodities to the public. Commodities offered for sale must include, but are not limited to, products of agriculture, as defined in paragraphs I-IV. "Farmers' market" shall not include any event held upon any premises owned, leased, or otherwise controlled by any individual vendor selling therein.
Copy link[Repealed.] Source. 1961, 140:1. 1977, 95:1. 1979, 60:1. 1985, 6:1. 1997, 250:1. 1999, 191:2. 2005, 107:1. 2006, 11:5; 326:1. 2007, 157:1. 2008, 8:1, eff. July 4, 2008. 2014, 97:2, eff. Aug. 10, 2014. 2016, 267:1, 6, eff. June 16, 2016. 2019, 338:1-3, eff. Sept. 5, 2019.
Copy linkSource note
Source. 1961, 140:1. 1977, 95:1. 1979, 60:1. 1985, 6:1. 1997, 250:1. 1999, 191:2. 2005, 107:1. 2006, 11:5; 326:1. 2007, 157:1. 2008, 8:1, eff. July 4, 2008. 2014, 97:2, eff. Aug. 10, 2014. 2016, 267:1, 6, eff. June 16, 2016. 2019, 338:1-3, eff. Sept. 5, 2019.
Source history
- 1961, 140:1
- 1977, 95:1
- 1979, 60:1
- 1985, 6:1
- 1997, 250:1
- 1999, 191:2
- 2005, 107:1
- 2006, 11:5; 326:1
- 2007, 157:1
- 2008, 8:1, eff. July 4, 2008
- 2014, 97:2, eff. Aug. 10, 2014
- 2016, 267:1, 6, eff. June 16, 2016
- 2019, 338:1-3, eff. Sept. 5, 2019
Related materials
Bill relationships
-
2026 HB1012
amend
ing units and detached accessory dwelling units. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Dwelling Units. Amend RSA 21 by inserting after section 55 the following new section: 21:56 References to Dwelling Units. The following definitions may be referenced when construing the meaning of accessory or detached accessory dwelling units:
-
2026 HB1211
amend · effective 2027-01-01
s, fees, fines, or civil or criminal action as a result of the state statute, regulation, or other subregulatory agency document. 2 New Section; Statutory Construction. Amend RSA 21 by inserting after section 55 the following new section: 21:56 Presumption of Liberty in Administrative Law. Consistent with RSA 541-A:24-a, in actions brought by or against state agencies, after applying all custo
-
2026 HB1253
reference · effective 2027-01-01
when accompanied by the owner or custodian, and when used for hunting, for guarding , working, guarding agricultural crops, guarding livestock, or herding livestock, as defined in RSA 21:34-a, II(a)(4), for supervised competition and exhibition, or for training for such. For the purpose of this section, "accompanied" means that the owner or custodian must be able to see or hear, or both, or have reasonable k
-
2026 HB1407
reference
means a dog doing a defined functional canine activity with its owner or handler such as hunting, field work, drafting, and guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), or participating in any lawful competitive event, including, but not limited to, conformation shows or obedience trials, field trials, agility events, hunts, sled races, or training activities pertinent to fu
-
2026 HB1464
amend · effective 2027-01-01
inion. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Statutory Construction; Political Affiliation or Opinion. Amend RSA 21 by inserting after section 55 the following new section: 21:56 Political Affiliation or Opinion. "Political affiliation or opinion" means a person's actual or perceived membership in, support for, opposition to, or e
-
2026 HB1464-FN
amend · effective 2027-01-01
inion. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Statutory Construction; Political Affiliation or Opinion. Amend RSA 21 by inserting after section 55 the following new section: 21:56 Political Affiliation or Opinion. "Political affiliation or opinion" means a person's actual or perceived membership in, support for, opposition to, or e
-
2026 HB1473
reference
nt and commonly in small parcels. Agricultural activities and agricultural fairs are a beneficial and worthwhile feature of the New Hampshire landscape. Agritourism, as defined in RSA 21:34-a, is undertaken by farmers to contribute to both the economic viability and the long-term sustainability of the primary agricultural activities of New Hampshire farms. Agricultural activities, agricultural fairgrounds, a
-
2026 HB1473-FN
reference
nt and commonly in small parcels. Agricultural activities and agricultural fairs are a beneficial and worthwhile feature of the New Hampshire landscape. Agritourism, as defined in RSA 21:34-a, is undertaken by farmers to contribute to both the economic viability and the long-term sustainability of the primary agricultural activities of New Hampshire farms. Agricultural activities, agricultural fairgrounds, a
-
2026 HB1647
repeal · effective 2027-04-01
And Land Under Farm Structures; Definitions. RSA 79-F:3, IX is repealed and reenacted to read as follows: IX. “Qualifying farm structure” means: (a) A farm, as defined in RSA 21:34-a, I; (b) Any portion of a farm, as defined in RSA 21:34-a, I, including barns, greenhouses, silos, poultry houses, maple sugar houses, processing sheds; (c) Portions of a primary residence used for homestead food ope
-
2026 HB1647-L
repeal · effective 2027-04-01
And Land Under Farm Structures; Definitions. RSA 79-F:3, IX is repealed and reenacted to read as follows: IX. “Qualifying farm structure” means: (a) A farm, as defined in RSA 21:34-a, I; (b) Any portion of a farm, as defined in RSA 21:34-a, I, including barns, greenhouses, silos, poultry houses, maple sugar houses, processing sheds; (c) Portions of a primary residence used for homestead food ope
-
2026 SB298
amend · effective 2027-01-01
s, fees, fines, or civil or criminal action as a result of the state statute, regulation, or other subregulatory agency document. 2 New Section; Statutory Construction. Amend RSA 21 by inserting after section 55 the following new section: 21:56 Presumption of Liberty in Administrative Law. Consistent with RSA 541-A:24-a, in actions brought by or against state agencies, after applying all custo
-
2026 SB298-FN
amend · effective 2027-01-01
s, fees, fines, or civil or criminal action as a result of the state statute, regulation, or other subregulatory agency document. 2 New Section; Statutory Construction. Amend RSA 21 by inserting after section 55 the following new section: 21:56 Presumption of Liberty in Administrative Law. Consistent with RSA 541-A:24-a, in actions brought by or against state agencies, after applying all custo