CHAPTER 232
HB 221 - FINAL VERSION
16Mar2023... 0701h
06/01/2023 1996s
06/01/2023 2079s
06/01/2023 2068s
06/07/2023 2136s
29Jun2023... 2225CofC
29Jun2023... 2253EBA
2023 SESSION
23-0394
08/10
HOUSE BILL 221
AN ACT relative to the acquisition of agricultural land development rights and relative to the use of game cameras.
SPONSORS: Rep. Bixby, Straf. 13; Rep. Caplan, Merr. 8; Rep. Aron, Sull. 4
COMMITTEE: Environment and Agriculture
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AMENDED ANALYSIS
This bill requires that agricultural land development rights purchased by the department of agriculture, markets and food shall be held in the name of the state of New Hampshire or the deed shall stipulate that the state has the right to enforce the terms of the deed. It also adds one voting member from the New Hampshire Land Trust Coalition to the agricultural lands preservation committee. This bill also adds a definition of "game camera" and permits the use of a game camera to take or attempt to take a game animal or fur-bearing animal.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2023... 0701h
06/01/2023 1996s
06/01/2023 2079s
06/01/2023 2068s
06/07/2023 2136s
29Jun2023... 2225CofC
29Jun2023... 2253EBA 23-0394
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the acquisition of agricultural land development rights and relative to the use of game cameras.
Be it Enacted by the Senate and House of Representatives in General Court convened:
232:1 Agricultural Lands Preservation Committee; Members, Appointment, Term. Amend RSA 432:19, II to read as follows:
II. The committee shall consist of [7] 9 voting members and 2 nonvoting members, to be appointed as follows:
(a) The commissioner of the department of agriculture, markets, and food who shall be chairman;
(b) The commissioner of the department of natural and cultural resources, or his designee;
(c) The director of the office of planning and development, or his designee;
(d) The secretary of the agricultural advisory board;
(e) [3] 4 members, [2] 3 of whom are owners and operators of farms in the state, who shall be appointed by the governor with the advice and consent of the council for 3 years. Of the initial appointees, one shall hold office for one year, one for 2 years and one for 3 years;
(f) One member from the New Hampshire Land Trust Coalition, appointed by the governor;
[(f)] (g) The dean of the college of life sciences and agriculture of the university system of New Hampshire, or his designee, who shall serve as a nonvoting member; and
[(g)] (h) The New Hampshire state conservationist of the United States Department of Agriculture Natural Resources Conservation Service, or his designee, who shall serve as a nonvoting member.
232:2 Procedure for Administration; Acquisition of Agricultural Land Development Rights; Terms of Deed. Amend RSA 432:22, II to read as follows:
II. The committee shall determine the amount due to the affected agricultural landowner and authorize the commissioner to pay such amount to the owner. Agricultural land development rights purchased pursuant to this section shall be held in the name of the state of New Hampshire or the deed shall stipulate that the state shall have the right to enforce the terms of the deed.
232:3 Procedure for Administration. Amend RSA 432:22, IV to read as follows:
IV. The state's rights acquired pursuant to the purchase agreement shall not be sold or otherwise conveyed to a third party without consent of the landowner, nor does such purchase grant the public any right of access or right of use of the affected property.
232:4 Release. Amend RSA 432:24 to read as follows:
432:24 Release.
I. Agricultural preservation restrictions shall be in perpetuity except as released pursuant to this section and RSA 432:25 and as may be further set forth in the terms of the deed. Agricultural restricted grants shall run in accordance with the agreement between a landowner and the department of agriculture, markets, and food except as terminated pursuant to this section and RSA 432:25. All customary rights and privileges of ownership shall be retained by the owner including the right to privacy and the right to carry out all regular agricultural practices which are not prohibited by RSA 432:18, II, and the deed terms.
II. [Agricultural] The state's interest in agricultural preservation restrictions and agricultural restricted grants may be released or terminated by the committee if the site is no longer suitable for agricultural purposes. An owner of an agricultural preservation site may request the committee's approval to release the restriction for the public good. Prior to the release of the state's interest in agricultural land development rights by the committee, a public hearing shall be conducted in the municipality in which the site is located. A notice of said hearing shall specify the grounds for the hearing as well as the date, time, and place, and at least 14 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the municipality. A legal notice of the hearing shall also be posted in at least 3 public places in such city or town. The 14 days shall not include the day of publication nor the day of the meeting, but shall include any Saturdays, Sundays, and legal holidays within said period. At least 2 committee members shall sit on the hearing panel.
III. [Development] The state's interests in development rights of agricultural land purchased with public funds may be released upon repayment by the landowner of a reasonable value thereof which shall not be less than the difference between fair market value of such land at the time of such release and the fair market value of such land restricted for agricultural purposes at the time that development rights were acquired.
232:5 Development Rights Acquired By Public Bodies. Amend RSA 432:25, II to read as follows:
II. The restrictions may be released, in whole or in part, by the holder for consideration in an amount determined by the governmental body or charitable corporation or trust that purchased the development rights all consistent with the terms of the deed. Prior to release of restriction by a governmental body, a public hearing shall be conducted in the municipality in which the site is located. A notice of said hearing shall specify the grounds for the hearing as well as the date, time and place, and at least 14 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the municipality. A legal notice of the hearing shall also be posted in at least 3 public places in such city or town. The 14 days shall not include the day of publication nor the day of the meeting, but shall include any Saturdays, Sundays and legal holidays within said period.
232:6 New Paragraph; General Provisions as to Fish and Game; Game Camera. Amend RSA 207:1 by inserting after paragraph XI the following new paragraph:
XI-a. Game Camera. Any device capable of recording and transmitting photographic or video data, with or without a wire, to a remote device, such as a computer, smartphone, or other viewing device. The term shall also include a device that merely records photographic or video data and stores such data for later use.
232:7 New Subdivision; General Provisions as to Fish and Game; Use of Game Cameras. Amend RSA 207 by inserting after section 62 the following new subdivision:
Game Cameras
207:63 Game Cameras.
I. Any person taking or attempting to take a game animal or fur-bearing animal may use a game camera to locate, surveil, aid or assist in any attempt to locate or surveil any game animal or fur-bearing animal, provided that no person shall take a game animal or fur-bearing animal within the same calendar day of remotely viewing any image or video of that animal from a game camera in that area.
II.(a) No person shall place a game camera that records or transmits images or data of any kind while unattended outside on the private property of another without the consent of the property owner or the property owner has posted signage on his or her property allowing the placement of such camera as provided in this section. A game camera placed on state owned or managed lands, or on municipally owned property, shall be exempt from requiring landowner permission.
(b) A property owner may permit the placement of a game camera by posting signs of durable material with any words describing the physical activity permitted, such as “Game Cameras Allowed”, printed with block letters no less than 2 inches in height, and with the name and contact information of the property owner. Such signs shall be posted at gates, bars and commonly used entrances. This section shall not prevent any property owner adding to the language required by this section.
(c) Any permission granted by a property owner under this section shall expire on December 31st of each calendar year, unless revoked or extended by the property owner or his or her designee.
III. A person who places a game camera on the private property of another, or on state owned or state managed property, shall label the camera with the name and contact information of the camera owner in a manner visible while mounted.
IV. A property owner shall contact a local or state law enforcement officer or conservation officer to remove and seize a game camera which was placed in violation of this section.
V. This section shall not prohibit:
(a) The lawful use of implanted or attached electronic devices by fish and game department staff, or other persons holding a scientific permit from the executive director, to identify, monitor, or track animals; or
(b) Any device placed or used in accordance with a warrant or in accordance with other lawful actions of law enforcement officers or personnel of the fish and game department in the performance of their official duties.
VI. Any person who violates this section shall be guilty of a violation and subject to a fine of up to $125 for each offense and, for a second or subsequent conviction under this section, may forfeit the game camera and related fastening devices used during the violation of this section.
I. Sections 6 and 7 of this act shall take effect January 1, 2024.
II. The remainder of this act shall take effect 60 days after its passage.
Approved: August 08, 2023
Effective Date:
I. Sections 6 and 7 effective January 1, 2024
II. Remainder effective October 7, 2023