RSA 79-C:3 · Qualifying Land

79-C:3 Qualifying Land. –

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I.

Any owner of land which does not meet the criteria for open space land as defined in RSA 79-A but meets the tests of demonstrated public benefit in paragraph II of this section and who wishes to keep the land in a use consistent with the purposes of this chapter may apply to the governing body of the municipality in which the land is located to convey a discretionary easement to the municipality.

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II.

A discretionary easement on open space land shall be considered to provide a demonstrated public benefit if it provides at least one of the following public benefits:

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(a)

The preservation of land for outdoor recreation by, or for the education of, the general public where:

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(1)

The general public has the regular opportunity for access to and use of the land for pedestrian purposes; and

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(2)

The land has conservation and recreational values which make it attractive for public use.

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(b)

A relatively natural habitat for fish, wildlife, or plants, or similar ecosystem, where:

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(1)

The property is in a relatively natural state; and

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(2)

Rare or endangered or threatened species are present; or the property contributes to the ecological viability of a park or other conservation area; or otherwise represents a high quality native terrestrial or aquatic ecosystem.

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(c)

The preservation of open space land, where:

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(1)

There is scenic enjoyment by the general public from a public way or from public waters; or

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(2)

The open space protection is pursuant to a clearly delineated federal, state, or local conservation policy.

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(d)

The preservation of an historically important land area, where:

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(1)

The property is either independently significant due to recorded local, regional, or state history, or is within a historic district; or

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(2)

The property is immediately adjacent to an historic district; or

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(3)

The land's physical or environmental features contribute to the historic or cultural integrity of a property listed on the National Register of Historic Places.

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(e)

The preservation of an airport, as defined in RSA 422, excluding the value of any buildings, runways, or other structures, where:

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(1)

The airport serves, or contributes to satisfying, the air transportation needs of the municipality or of its region; or

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(2)

The continuation of the airport serves to preserve natural habitat or open space as set forth in subparagraphs (b) or (c), which might otherwise be potentially affected by development.

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(f)

The preservation of a golf course which meets any of the above tests of public benefit and is open to the general public.

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(g)

The preservation of potable water where:

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(1)

The land is owned in fee by a water utility company; and

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(2)

The land is used for sanitary radii, retention dam sites and/or watershed protection purposes which is subject to regulation by the department of environmental services to protect water quality, which land may have a well, booster station/pump house, or retention dam structure and/or related piping. Source. 1996, 176:1, eff. Aug. 2, 1996. 2019, 117:4, eff. Aug. 20, 2019.

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