TITLE I
THE STATE AND ITS GOVERNMENT
CHAPTER 21
STATUTORY CONSTRUCTION
Section
I. The word "farm'
means 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. Structures
shall include all farm outbuildings used in the care of livestock, and in the
production and storage of fruit, vegetables, or nursery stock; in the
production of maple syrup; greenhouses for the production of annual or
perennial plants; and any other structures used in operations named in
paragraph II of this section.
II. The words
"agriculture' and "farming' mean all operations of a farm, including:
(a)(1) The cultivation,
conservation, and tillage of the soil.
(2) The use of and
spreading of commercial fertilizer, lime, wood ash, sawdust, compost, animal
manure, septage, and, where permitted by municipal
and state rules and regulations, other lawful soil amendments.
(3) The use of and
application of agricultural chemicals.
(4) The raising and sale of
livestock, which shall include, but not be limited to, dairy cows and the
production of milk, beef animals, swine, sheep, goats, as well as domesticated
strains of buffalo or bison, llamas, alpacas, emus, ostriches, yaks, elk (Cervus elephus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), and reindeer (Rangifer tarandus).
(5) The breeding, boarding,
raising, training, riding instruction, and selling of equines.
(6) The commercial raising,
harvesting, and sale of fresh water fish or other aquaculture products.
(7) The raising, breeding,
or sale of poultry or game birds.
(8) The raising of bees.
(9) The raising, breeding,
or sale of domesticated strains of fur-bearing animals.
(10) The production of
greenhouse crops.
(11) The production,
cultivation, growing, harvesting, and sale of any agricultural, floricultural,
forestry, or horticultural crops including, but not limited to, berries, herbs,
honey, maple syrup, fruit, vegetables, tree fruit, flowers, seeds, grasses,
nursery stock, sod, trees and tree products, Christmas trees grown as part of a
commercial Christmas tree operation, trees grown for short rotation tree fiber,
or any other plant that can be legally grown and harvested extensively for
profit or subsistence.
(b) Any practice on the
farm incident to, or in conjunction with such farming operations, including,
but not necessarily restricted to:
(1) Preparation for market,
delivery to storage or to market, or to carriers for transportation to market
of any products or materials from the farm.
(2) The transportation to
the farm of supplies and materials.
(3) The transportation of
farm workers.
(4) Forestry or lumbering
operations.
(5) The marketing or
selling at wholesale or retail, on-site and off-site, where permitted by local
regulations, any products from the farm.
(6) Irrigation of growing
crops from private water supplies or public water supplies where not prohibited
by state or local rule or regulation.
III. A farm roadside stand
shall remain an agricultural operation and not be considered commercial,
provided that at least 35 percent of the product sales in dollar volume is
attributable to products produced on the farm or farms of the stand owner.
IV. Practices on the farm
shall include technologies recommended from time to time by the
Source. 1961, 140:1. 1977, 95:1. 1979, 60:1.
1985, 6:1, eff.
TITLE III
TOWNS, CITIES,
VILLAGE DISTRICTS, AND UNINCORPORATED PLACES
CHAPTER 47
POWERS
OF CITY COUNCILS
Bylaws and
Ordinances
Section
47:17
47:17 Bylaws and Ordinances.
The city councils shall have power to make all such salutary and needful
bylaws as towns and the police officers of towns and engineers or firewards by law have power to make and to annex penalties,
not exceeding $1,000, for the breach thereof; and may make, establish, publish,
alter, modify, amend and repeal ordinances, rules, regulations, and bylaws for
the following purposes:
I.
IN GENERAL. To carry into effect all the powers by law vested in the city.
II.
ORDER AND POLICE DUTY. To regulate the police of the city; to prevent any riot,
noise, disturbance, or disorderly assemblages; to regulate the ringing of
bells, blowing of horns or bugles, and crying goods and other things; and to
prescribe the powers and duties of police officers and watchmen.
III.
DISORDERLY HOUSES AND GAMING. To suppress and restrain disorderly houses and
houses of ill-fame, gambling houses and places, billiard tables, nine or ten
pin alleys or tables and ball alleys, and all playing of cards, dice or other
games of chance; to restrain and prohibit all descriptions of gaming and
fraudulent devices; and to authorize the destruction and demolition of all
instruments and devices used for the purpose of gaming.
IV.
V.
SHOWS. To regulate or prohibit the exhibitions of natural or artificial
curiosities, caravans, circuses, theatrical performances, or other shows.
VI.
PORTERS, VEHICLES, ETC. To license and regulate porters, cartmen
and cartage, runners for boats, stages, cars, and public houses, hackney
coaches, cabs, and carriages, and their drivers; the care and conduct of all
animals, carriages, and teams, standing or moving in the streets; to prevent
horse-racing and immoderate riding or driving in streets and on bridges; and to
prevent cruelty to animals.
VII.
USE OF
VIII.
TRAFFIC DEVICES AND SIGNALS.
(a)
To make special regulations as to the use of vehicles upon particular highways,
except as to speed, and to exclude such vehicles altogether from certain ways;
to regulate the use of class IV highways within the compact limits and class V
highways by establishing stop intersections, by erecting stop signs, yield
right of way signs, traffic signals and all other traffic control devices on
those highways over which the city council has jurisdiction. The erection,
removal and maintenance of all such devices shall conform to applicable state
statutes and the latest edition of the Manual on Uniform Traffic Control
Devices.
(b)
The commissioner of transportation shall only approve the installation and
modification of traffic signals as to type, size, installation, and method of
operation.
IX.
COMBUSTIBLES. To regulate the keeping, conveying and places of deposit of
gunpowder and other combustible and dangerous materials; the use of candles,
lights, and matches in barns, stables, and other buildings containing
combustible and dangerous materials; to regulate the erection or use of
buildings within the most compact part of the city, for any purpose which in
the opinion of the city councils shall more immediately expose said city to
destruction by fire, and to define the limits of such compact part.
X.
STOCK AT LARGE. To regulate, restrain, or prohibit the keeping or running at
large of horses, cattle, sheep, swine, geese, goats and other poultry and
animals, or any of them, to create the limits of districts within which the
same may be kept and the conditions and restrictions under which they may be
kept.
XI.
DOGS. To regulate the keeping of dogs and their running at large, require them
to be licensed, and authorize the destruction of those kept or running at large
contrary to the ordinance.
XII. MARKETS, SALES. To establish markets and market-places; regulate the place and manner of selling
and weighing hay, selling pickled and other fish, and salted and fresh
provisions; selling and measuring wood, lime, coal, and other heavy articles;
and to appoint suitable persons to superintend and conduct the same; to prevent
and punish forestalling and regrating; and to
restrain every kind of fraudulent device and practice.
XIII.
VAGRANTS, OBSCENE CONDUCT. To restrain and punish vagrants, mendicants, street
beggars, strolling musicians, and common prostitutes, and all kinds of immoral
and obscene conduct, and to regulate the times and places of bathing and
swimming in the canals, rivers and other waters of the city, and the clothing
to be worn by bathers and swimmers.
XIV.
NUISANCES. To abate and remove nuisances; to regulate the location and
construction of slaughterhouses, tallow chandlers' shops, soap factories,
tanneries, stables, barns, privies, sewers, and other unwholesome or nauseous
buildings or places, and the abatement, removal or purification of the same by
the owner or occupant; to prohibit any person from bringing, depositing, or
having within the city any dead carcass or other unwholesome substance; to
provide for the removal or destruction, by any person who shall have the same
upon or near such person's premises, of any such substance, or any putrid or
unsound beef, pork, fish, hides, or skins, and, on such person's default, to
authorize the removal or destruction thereof by some officer of the city; to
authorize and provide for the collection, removal, and destruction of garbage
and other waste material, to make necessary regulations relative thereto, and
to provide for payment therefor by assessment, or
appropriation, or both.
XIV-a.
INTERFERING WITH VOTERS. To regulate the distribution of campaign materials or
electioneering or any activity which affects the safety, welfare and rights of
voters at any election held for any purpose in such city. Such power shall not
extend to the display of printed or written matter attached to any legally
parked motor vehicle, nor shall such power extend to activities conducted
wholly on private property so as not to interfere with people approaching or
entering a polling place.
XV.
MISCELLANEOUS. Relative to the grade of streets, and the grade and width of
sidewalks; to the laying out and regulating public squares and walks, commons,
and other public grounds, public lights, and lamps; to trees planted for shade,
ornament, convenience, or use, and the fruit of the same; to trespasses
committed on public buildings and other public property, and in private yards
and gardens; in relation to cemeteries, public burial grounds, the burial of
the dead, and the returning and keeping records thereof, and bills of
mortality, and the duties of physicians, sextons and others in relation
thereto; relative to public wells, cisterns, pumps, conduits, and reservoirs;
the places of military parade and rendezvous, and the marching of military
companies with music in the streets of the city; relative to precautions
against fire; relative to oaths and bonds of city officers, and penalties upon
those elected to such offices refusing to serve; and relative to licensing and regulating butchers, petty grocers, or
hucksters, peddlers, hawkers, and common victualers; dealers
in and keepers of shops for the purchase, sale or barter of junk, old metals or
second-hand articles, and pawnbrokers; under such limitations and restrictions
as to them shall appear necessary. They may make any other bylaws and
regulations which may seem for the well-being of the city; but no bylaw or
ordinance shall be repugnant to the constitution or laws of the state; and such
bylaws and ordinances shall take effect and be in force from the time therein
limited, without the sanction or confirmation of any other authority whatever.
XVI.
WARNINGS AND CITATIONS. To establish a procedure for the issuance of warnings
and citations for the violation of health, fire, planning board, building,
licensing, zoning, and housing codes and ordinances.
XVII.
DRUG-FREE ZONES. Establish as a drug-free zone any area inclusive of public
housing authority property and within 1,000 feet of such public housing
authority property. If such drug-free zones are established, the municipality
shall publish a map clearly indicating the boundaries of such drug-free zone,
which shall be posted in a prominent place in the district or municipal court
of jurisdiction, the local police department, and on the public housing
authority property. The municipality shall also develop signs or markings for
the drug-free zone which shall:
(a)
Be posted in one or more prominent places in or near the public housing
authority property; and
(b)
Indicate that the posted area is a drug-free zone which extends to 1,000 feet
surrounding such property; and
(c)
Warn that a person who violates RSA 318-B, the controlled drug act, within the
drug-free zone, shall be subject to severe criminal penalties under RSA 318-B
and a penalty of up to $1,000 under this paragraph.
XVIII.
AUTOMOBILE PARKING CONTROLS. The city councils shall have the authority to
adopt such bylaws and ordinances as are necessary to control the parking,
standing and stopping of automobiles within the city limits, including
ordinances allowing for the towing or immobilization of automobiles for
nonpayment of parking fines and creating parking fines recoverable by means of
civil process.
Source.
1846, 384:17. GS 44:11. GL 48:10. PS 50:10. 1905, 10:1. 1907, 35:1. 1915, 55:1;
98:1. 1923, 15:1. PL 54:12. 1935, 117:2. 1941, 35:1. RL 66:13. RSA 47:17. 1961,
26:1. 1971, 512:9. 1981, 298:2. 1983, 166:2. 1986, 102:1. 1991, 74:1; 364:7.
1993, 183:1, eff.
TITLE X
PUBLIC HEALTH
CHAPTER 143-A
FOOD SERVICE LICENSURE
Section 143-A:3
143-A:3 Definitions. –
II. "Department'
means the department of health and human services.
III.
"Food' means any raw, cooked, or processed edible substance, ice,
beverage, or ingredient used or intended for use or for sale in whole or in
part for human consumption.
IV.
"Food service establishment' means any fixed or mobile, attended or
unattended restaurant; coffee shop; cafeteria; short order cafe; luncheonette;
grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge;
nightclub; roadside stand; industrial feeding establishment; food vending
operation; private or public organization or institution, whether profit or
nonprofit, which routinely serves food; catering kitchen; commissary, or
similar place in which food or drink is prepared for sale or for service on the
premises or elsewhere; and any other eating and drinking establishment or
operation in which potentially hazardous food is served or provided for the
public with or without charge.
V. "Occasional food
service establishment' means any food service establishment operated by a
private or public organization or institution, whether profit or nonprofit,
which prepares food or drink for sale or for service, and any other eating or
drinking establishment or operation where food is served or provided for the public
with or without charge, no more than 4 days during a 30-day period.
V. ""Occasional food
service establishment'' means any food service establishment where food is
served or provided for the public on
the premises of the establishment, whether or not there is a charge for
such food, no more than 4 days during a 30-day period. Any part of a day shall
be considered one full day for the purposes of this definition.
V-a. ""Occasional food service events''
means events which are not regularly scheduled where food is provided to
participants such as extracurricular school events, non-profit sporting events,
and periodic events sponsored by religious or nonprofit organizations.
VI.
"Person' means an individual, partnership, corporation, association, or
other legal entity.
VII.
"Retail food store' means any establishment or section of an establishment
where food or food products intended for off-premise consumption are offered to
the public. The term includes delicatessens which offer prepared food in bulk
quantities only. It does not include establishments which handle only
prepackaged, not potentially hazardous foods; roadside markets or farm stands
which sell only fresh fruits and vegetables; food service establishments; or
food and beverage vending machines.
VIII.
"Temporary food service establishment' means any food service
establishment which operates at a fixed location for a temporary period of time
not exceeding 2 weeks, in connection with a fair, carnival, circus, public
exhibition, or similar transitory gathering.
Source.
1986, 106:1. 1995, 310:100, eff.
TITLE X
PUBLIC HEALTH
CHAPTER 143-A
FOOD SERVICE LICENSURE
Section 143-A:5
143-A:5 Exemptions. – The following establishments shall be exempt from
licensure under this chapter:
I.
Food service establishments and retail food stores licensed by city health
officers under RSA 47:17.
II.
Food service establishments and retail food stores licensed by town health
officers under RSA 147:1.
III. Temporary food service
establishments and occasional food service establishments which are not under
the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.
IV.
Recreation camps inspected and licensed under RSA 149.
V.
Health care facilities inspected and licensed under RSA 151.
VI.
Child care facilities inspected and licensed under RSA 170-E.
Source.
1986, 106:1, eff.
TITLE XIII
ALCOHOLIC
BEVERAGES
CHAPTER 175
DEFINITIONS AND GENERAL PROVISIONS
Section
175:1
175:1 Definitions. – In this
title:
XXXI-a. "Farmers' market' means an event or series of events at
which 2 or more vendors of agricultural commodities gather for purposes of
offering for sale such commodities to the public. Commodities offered for sale
must include, but are not limited to, products of agriculture, as defined in
RSA 21:34-a. "Farmers' market' shall not include any event held upon any
premises owned, leased, or otherwise controlled by any individual vendor
selling therein.
TITLE XXX
OCCUPATIONS AND
PROFESSIONS
CHAPTER 320
HAWKERS
AND PEDDLERS
General
Provisions
Section 320:1
320:1
Definition. The terms "hawker' and
"peddler' shall mean and include any person, as defined by RSA 358-A:1,
either principal or agent, who:
I.
Travels from town to town or from place to place in the same town selling or
bartering, or carrying for sale or barter or exposing therefor,
any goods, wares, or merchandise, either on foot or from any animal, cart, or
vehicle; or
II.
Travels from town to town, or place to place in the same town, offering to perform
personal services for household repairs or improvements, or solicits or induces
any person to sign any contracts relating to household repairs and
improvements, including contracts for the replacement or installation of siding
on any residence or building; or
III.
Keeps a regular place of business, open during regular business hours at the
same location, but who offers for sale or sells and delivers, personally or
through his agents, at a place other than his regular place of business, goods,
wares, or merchandise.
Source.
1931, 102:1. RL 188:1. RSA 320:1. 1969, 481:1. 1973, 558:1. 1988, 27:1, eff.
Section
320:2
320:2
Prohibition; Selling on State Property; Contracts Void; Penalty. No hawker or peddler shall sell or barter or
carry for sale or barter, or expose therefor, any
goods, wares or merchandise, unless he holds a license to do so as herein
provided. No person may operate as a hawker or a peddler in any building or on
any land owned, leased, or controlled by the state, except as provided in RSA
186-B:13. Any person violating this section shall, notwithstanding the
provisions of title LXII, be guilty of a violation and fined not more than
$500. The clerk of the district or municipal court shall dispose of fines so
collected by the court as provided in RSA 502:14 or RSA 502-A:8. Any contract
relating to household repairs and improvements or for siding for any building
or residence solicited by any person who has not obtained the licenses as
herein provided shall be void and unenforceable, and any sale or barter of any
goods, wares or merchandise by any such person shall be voidable.
Provided further that any time before midnight, at the expiration of 3 business
days following the signing of any solicited home repair, home improvement installment
contract or cash sale of $25 or more by the parties solicited or the owner, the
parties solicited or the owner may serve a notice of cancellation upon the
licensee or principal vendor.
Source.
1931, 102:1. RL 188:2. RSA 320:2. 1969, 481:2. 1973, 558:2. 1983, 383:67. 1991,
254:4, eff.
Section
320:3
320:3
Exceptions. The provisions of this
chapter shall not apply to the following:
I.
Itinerant vendors as defined in RSA 321:1.
II. Any person selling the product of his own labor or the labor of
his family or the product of his own farm or the one he tills.
III.
Any person conducting sales of personal household goods on his own property.
IV.
Any nonprofit organization, community chest, fund or foundation organized and
operated exclusively for religious, charitable, scientific, literary, or
educational purposes when no part of the entity's earnings benefit any private
shareholder or individual.
V.
Any person conducting business in any industry or association trade show.
VI.
Any person who sells exclusively antiques, used goods, or vintage items.
Source.
1931, 102:1. 1941, 210:1. RL 188:3. 1951, 186:1. RSA 320:3. 1988, 27:8. 1991,
254:5, eff.
Title XL: Agriculture,
Horticulture and Animal Husbandry
Chapter 425:
The Department of Agriculture, Markets, and Food
Chapter
426: Standards for Farm Products
Chapter
427: Livestock and Meat Inspection
Chapter
428: Poultry and Poultry Products
Chapter
429: Beekeeping and Maple and Honey Products
Chapter
430: Insect Pests and Plant Diseases
Chapter
431: Soil Conditioners
Chapter
432: Soil Conservation and Farmland Preservation
Chapter
433: Seeds, Plants and Nursery Stock
Chapter
433-A: Horticultural Growing Media
Chapter
433-B: Ginseng Production and Sale
Chapter
434: Marketing and Grading of Certain Commodities
Chapter
435: Animal Care, Breeding and Feed
Chapter
436: Diseases of Domestic Animals
Chapter
436-A: Wildlife Disease Control
Chapter
437: Sale of Pets and Disposition of Unclaimed Animals
Chapter
437-A: Animal Population Control
Chapter
438: Standards for Weights And Measures
RSA 426:5 :
Local Means NH for
It’s high summer and Granite Staters are enjoying a bountiful harvest of local fruits
and vegetables from their gardens and nearby farms. But just what is “local”
produce? In
TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
CHAPTER 432
SOIL CONSERVATION AND FARMLAND PRESERVATION
Nuisance Liability of Agricultural
Operations
Section 432:33
432:33 Immunity from Suit. –
No agricultural operation shall be found a public or private nuisance as a
result of changed conditions in or around the locality of the agricultural
operation, if such agricultural operation has been in operation for one year or
more and if it was not a nuisance at the time it began operation. This section
shall not apply when any aspect of the agricultural operation is determined to
be injurious to public health or safety under RSA 147:1 or RSA 147:2.
Source.
1985, 72:1, eff.
TITLE LII
ACTIONS, PROCESS,
AND SERVICE OF PROCESS
CHAPTER 508
LIMITATION
OF ACTIONS
Section
508:14
508:14
Landowner Liability Limited.
I. An owner, occupant, or lessee of land, including the state or any
political subdivision, who without charge permits any person to use land for
recreational purposes or as a spectator of recreational activity, shall not be
liable for personal injury or property damage in the absence of intentionally
caused injury or damage.
II.
An owner of land who permits another person to gather the produce of the land
under pick-your-own or cut-your-own arrangements, provided said person is not
an employee of the landowner and notwithstanding that the person picking or
cutting the produce may make remuneration for the produce to the landowner,
shall not be liable for personal injury or property damage to any person in the
absence of willful, wanton, or reckless conduct by such owner.
Source.
1975, 231:1. 1979, 439:1. 1981, 293:2. 1985, 193:2, eff.
TITLE LXIV
PLANNING AND ZONING
CHAPTER 672
GENERAL PROVISIONS
Purpose
Section 672:1
672:1
Declaration of Purpose. – The general court hereby finds and declares that:
I. Planning, zoning and related regulations have been and
should continue to be the responsibility of municipal government;
II. Zoning, subdivision regulations and related regulations
are a legislative tool that enables municipal government to meet more
effectively the demands of evolving and growing communities;
III. Proper regulations enhance the public health, safety
and general welfare and encourage the appropriate and wise use of land;
III-a. Proper regulations encourage energy efficient
patterns of development, the use of solar energy, including adequate access to
direct sunlight for solar energy uses, and the use of other renewable forms of
energy, and energy conservation. Therefore, zoning ordinances should not
unreasonably limit the installation of solar, wind, or other renewable energy
systems or the building of structures that facilitate the collection of
renewable energy, except where necessary to protect the public health, safety,
and welfare;
III-b. Agriculture makes vital and significant contributions to the food
supply, the economy, the environment and the aesthetic features of the state of
New Hampshire, and the tradition of using the land resource for agricultural
production is an essential factor in providing for the favorable quality of
life in the state. Natural features, terrain and the pattern of geography of
the state frequently place agricultural land in close proximity to other forms
of development and commonly in small parcels. Agricultural activities are a
beneficial and worthwhile feature of the New Hampshire landscape and shall not be unreasonably limited by use of municipal planning and
zoning powers or by the unreasonable interpretation of such powers;
III-c. Forestry, when practiced in accordance
with accepted silvicultural principles, constitutes a
beneficial and desirable use of
III-d. For purposes of paragraphs III-b, III-c, and III-e,
"unreasonable interpretation' includes the failure of local land use
authorities to recognize that agriculture, forestry, and commercial and recreational
fisheries, when practiced in accordance with applicable laws and regulations,
are traditional, fundamental and accessory uses of land throughout New
Hampshire, and that a prohibition upon these uses cannot necessarily be
inferred from the failure of an ordinance or regulation to address them;
III-e. All citizens of the state benefit from a balanced
supply of housing which is affordable to persons and families of low and
moderate income. Establishment of housing which is decent, safe, sanitary and
affordable to low and moderate income persons and families is in the best
interests of each community and the state of
III-f.
IV. The citizens of a municipality should be actively
involved in directing the growth of their community;
V. The state should provide a workable framework for the
fair and reasonable treatment of individuals;
V-a. The care of up to 6 full-time preschool children and 3
part-time school age children in the home of a child care provider makes a
vital and significant contribution to the state's economy and the well-being of
VI. It is the policy of this state that competition and
enterprise may be so displaced or limited by municipalities in the exercise of
the powers and authority provided in this title as may be necessary to carry
out the purposes of this title.
Source.
1983, 447:1. 1985, 68:1; 335:3; 369:1. 1989, 42:1; 170:1. 1990, 174:1; 180:1,
2. 1991, 198:1, 2, eff.
TITLE LXIV
PLANNING AND ZONING
CHAPTER 674
Zoning
Section 674:17
674:17
Purposes of Zoning Ordinances. –
I. Every zoning ordinance shall be adopted in accordance
with the requirements of RSA 674:18. Zoning ordinances shall be designed:
(a) To lessen congestion in the streets;
(b) To secure safety from fires, panic and
other dangers;
(c) To promote health and the general
welfare;
(d) To provide adequate light and air;
(e) To prevent the overcrowding of land;
(f) To avoid undue concentration of
population;
(g) To facilitate the adequate provision
of transportation, solid waste facilities, water, sewerage, schools, parks,
child day care;
(h) To assure proper use of natural
resources and other public requirements;
(i) To encourage the preservation of agricultural
lands and buildings; and
(j) To encourage the
installation and use of solar, wind, or other renewable energy systems and
protect access to energy sources by the regulation of orientation of streets,
lots, and buildings; establishment of maximum building height, minimum set back
requirements, and limitations on type, height, and placement of vegetation; and
encouragement of the use of solar skyspace easements
under RSA 477. Zoning ordinances may establish buffer zones or additional
districts which overlap existing districts and may further regulate the
planting and trimming of vegetation on public and private property to protect
access to renewable energy systems.
II. Every zoning ordinance shall be made with reasonable
consideration to, among other things, the character of the area involved and
its peculiar suitability for particular uses, as well as with a view to
conserving the value of buildings and encouraging the most appropriate use of
land throughout the municipality.
III. Except as provided in RSA 424:5 or RSA 422-B or in any
other provision of Title XXXIX, no city, town, or county in which there are
located unincorporated towns or unorganized places shall adopt a zoning
ordinance or regulation with respect to antennas used exclusively in the
amateur radio service that fails to conform to the limited federal preemption
entitled Amateur Radio Preemption, 101 FCC 2nd 952 (1985) issued by the Federal
Communications Commission.
Source.
1983, 447:1. 1989, 42:2. 1995, 176:2, eff.
TITLE LXIV
PLANNING AND ZONING
CHAPTER 674
Agricultural Uses of Land
Section 674:32-b
674:32-b
Existing Agricultural Uses. – Any agricultural use which exists pursuant to RSA
674:32-a may without restriction be expanded, altered to meet changing
technology or markets, or changed to another agricultural use, as set forth in
RSA 21:34-a, so long as any such expansion, alteration, or change complies with
all federal and state laws, regulations, and rules, including best management
practices adopted by the commissioner of agriculture, markets, and food;
subject, however, to the following limitations:
(a) Any new establishment,
re-establishment after disuse, or significant expansion of an operation
involving the keeping of livestock, poultry, or other animals may be made
subject to special exception, building permit, or other local land use board
approval.
(b) Any new establishment, re-establishment
after disuse, or significant expansion of a farm stand, retail operation, or
other use involving on-site transactions with the public, may be made subject
to applicable special exception, building permit, or other local land use board
approval and may be regulated to prevent traffic and parking from adversely
impacting adjacent property, streets and sidewalks, or public safety.
Source.
2000, 279:3, eff.
TITLE LXIV
PLANNING AND ZONING
CHAPTER 674
Agricultural Uses of Land
Section 674:32-c
674:32-c
Other General Provisions. –
I. The tilling of soil and the growing and harvesting of crops and
horticultural commodities, as a primary or accessory use, shall not be
prohibited in any district.
II. Nothing in this subdivision shall exempt new,
re-established, or expanded agricultural operations from generally applicable
building and site requirements such as dimensional standards, setbacks,
driveway and traffic regulations, parking requirements, noise, odor, or
vibration restrictions or sign regulations; provided, however, that in
circumstances where their literal application would effectively prohibit an
agricultural use allowed by this subdivision, or would otherwise be
unreasonable in the context of an agricultural use, the board of adjustment,
building code board of appeals, or other applicable local board, after due
notice and hearing, shall grant a waiver from such requirement to the extent
necessary to reasonably permit the agricultural use, unless such waiver would
have a demonstrated adverse effect on public health or safety, or the value of
adjacent property. Such waiver shall continue only as long as utilized for the
permitted agricultural use.
III. Nothing in this subdivision shall apply to any aspect
of an agricultural operation determined to be injurious to public health or
safety under RSA 147. Nothing in this subdivision shall be deemed to modify or
limit the duties and authority of the department of environmental services
under RSA 485 or RSA 485-A or the commissioner of the department of
agriculture, markets, and food under title XL.
IV. Nothing in this subdivision shall be deemed to affect
the regulation of sludge or septage.
Source.
2000, 279:3, eff.
CHAPTER He-P 2300 SANITARY PRODUCTION AND DISTRIBUTION OF FOOD