Section Agr 703.02 - Language of the Proposed Agricultural Preservation Restriction The applicant shall include a draft of the actual deed restriction proposed by the applicant which conforms to the following:
(a) Construction or placing of buildings, except those used for agricultural purposes or for dwellings used for family living by the landowner, shall be permitted when the area is expressly designated in the deed restriction;(b) Excavation, dredging or removal of loam, sod, peat, gravel, soil, rock, or other mineral substance in such a manner as to adversely affect the site's future agricultural potential shall be prohibited, and the area within the site where any such activities are permitted shall be expressly designated in the deed restriction;(c) Other acts or uses detrimental to such retention of the land for agricultural use, including but not limited to allowing soil erosion or growth of brush and woody species onto the land, shall be prohibited, and the grantee shall be expressly authorized after issuing written notice to the grantor to enter the property and correct any nonconforming condition and to assess the expense against the grantor;(d) Subdivision of the site shall be prohibited;(e) All other customary rights and privileges of ownership shall be retained by the owner including the right to privacy and to carry out those practices consistent with RSA 21:34-a;(f) The restriction shall be enforced by an action at law or by injunction or other proceedings in equity and shall entitle representatives of the grantee to enter the land in daylight hours to assure compliance;(g) The restriction shall be in perpetuity except as released, in whole or part, by the grantee only under the stipulations expressed in RSA 432:24; and(h) Any additional restrictions proposed by the applicant for the intended purpose of preserving the economic viability of the proposed site for agricultural use.N.H. Admin. Code § Agr 703.02
#1601, eff 7/1/1980; ss by # 2237, eff 1/1/1983; ss by #2887, eff 10/22/1984; ss by #4098, eff 7/22/1986, EXPIRED: 7/22/1992; #7463, eff 3/21/2001, EXPIRED: 3/21/2009.Amended by Number 15, Filed April 11, 2024, Proposed by #13910, Effective 3/21/2024, Expires 3/21/2034 (see Revision Note at chapter heading for Agr 700).