Section Agr 707.01 - Restriction Released by Committee(a) The agricultural preservation restriction placed on a particular site shall be released by the committee only if the site is no longer suitable for agricultural production.(b) In making the determination to release under (a) above, the committee shall require the following:(1) The owner of the site shall submit a request for the release of the agricultural preservation restriction to the commissioner and a copy of such request to the governing body of the municipality in which the site is located;(2) The request shall state why the site is no longer suitable for agricultural purposes;(3) The governing body shall, within 60 days of receipt of its copy of the request for release, inform the commissioner whether it recommends the request for release;(4) In considering the request, the governing body shall take into consideration any comments offered by the: a. Conservation commission;b. Conservation district;d. Town or city manager or mayor;(5) Failure of the governing body to make a recommendation shall not prohibit committee's consideration of the request;(6) The committee shall hold a public hearing conducted as follows:a. The committee shall conduct a public hearing on the request in accordance with RSA 432:24;b. The public hearing shall be held in the municipality where the site is located;c. A notice of the hearing shall specify the grounds for the hearing as well as the date, time, and place.d. At least 14 days in advance of the hearing a notice of the time and place of such hearing shall be published in a paper of general circulation in the municipality and a legal notice thereof posted in at least 3 public places in such city or town;e. The 14 days shall not include Saturdays, Sundays, and legal holidays within the period; andf. At least 2 committee members shall sit on the hearing panel;(7) Within 7 days of the date of the conclusion of the hearing, the committee shall vote to determine whether the site is no longer suitable for agricultural use; (8) If the committee votes to approve the request to release the development rights, the owner shall pay the state of New Hampshire a sum of money which is not less than the difference between the fair market value of such land at the time of release and the fair market value of such land restricted for agricultural purposes at the time the development rights were acquired by the state;(9) The appraisal to determine the values in (8) above shall be:a. Determined by an appraiser chosen and compensated as set forth in Agr 704.02; andb. Completed within 120 days of the date of the committee vote to approve the request for release of the development rights; and(10) Once all of the foregoing provisions of this section have been completed, the request shall be submitted to the governor and council by the commissioner in accordance with RSA 432:31-a.N.H. Admin. Code § Agr 707.01
#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).