New Hampshire Surface Use Compensation Agreement
Description
How to fill out Surface Use Compensation Agreement?
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FAQ
What are the legal requirements for posting property? Under state law (RSA 6), the legal manner of posting calls for posting durable signs with any words describing the physical activity prohibited, such as "No Hunting or Trespassing," in letters at least 2 inches high, and with the owner's name and address.
The land in question must be at least ten (10) acres in addition to the lands required to access and maintain any structures in size, or provide $2500 per year in agricultural or horticultural products. The exception to the ten-acre requirement is unimproved wetlands - such land can be any size such as a pond.
Current use is the means for encouraging the preservation of open space and conserving the land, water, forest, agricultural, and wildlife resources. Property owners with 10 or more acres of land, which are left in their natural state may apply.
GETTING OUT OF CURRENT USE There is no buy-out provision. Once the land is accepted, it is in forever and the status is passed to subsequent owners. Owner must physically change the use of the land to a non-qualifying use, or through sale or other disposal means, create a parcel less than 10 acres.
Q: Is there a statutory definition of farm? A: Yes, RSA -a defines farm as ?any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land.
NH's Current Use Program is a perpetual dedication to maintain open space. As such, land is assessed on its' potential to grow agricultural crops, or trees.
When the use is changed, the Land Use Change Tax (LUCT) is assessed at the rate of ten percent of the property's market value. The point at which the LUCT must be assessed is controlled by RSA Chapter 79-A, IV (a) and is the date upon which actual construction begins.
GETTING OUT OF CURRENT USE Owner must physically change the use of the land to a non-qualifying use, or through sale or other disposal means, create a parcel less than 10 acres. Only the changed portion comes out, the rest remains in current use if it is still 10 acres or more or meets other criteria.