Section 432:18 Definitions. - New Hampshire Statutes

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.
   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 dwellings used for family living by the landowner, his 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.
   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 are acquired in order to preserve land suitable for agricultural production.

Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.