N.H. Admin. Code § Jus 416.02

Current through Register No. 50, December 12, 2024
Section Jus 416.02 - Request for Review of Donated Conservation Easement Amendment or Termination

Any request for review by the director of any amendments to or terminations of a donated conservation easement shall include the following:

(a) Original easement deed and any previously executed amendments thereto;
(b) Proposed amendment to or termination of the easement deed; and
(c) Narrative describing how the amendment complies with the following principles:
(1) Clearly serves the public interest and is consistent with the easement holder's mission;
(2) Complies with all applicable federal, state, and local laws;
(3) Does not jeopardize the easement holder's tax exempt status or status as a charitable organization under either federal or state law, if the easement holder is a land trust or other charitable organization;
(4) Does not result in a "pecuniary benefit transaction" as defined in RSA 7:19-a, I(c) or other conflict of interest involving a board member, trustee, officer, or key employee;
(5) Is consistent with the conservation purpose(s) and intent of the easement;
(6) Is consistent with the documented intent of the donor, grantor, and any direct funding source; and
(7) Has a net beneficial or neutral effect on the relevant conservation values or attribute protected by the easement.

N.H. Admin. Code § Jus 416.02

Derived from Volume XLII Number 45, Filed November 10, 2022, Proposed by #13455, Effective 10/7/2022, Expires 10/7/2032