New Hampshire Statewide Rule
New Hampshire Agriculture Zoning Protection Statute
Key Facts
- Agriculture policy
- RSA 672:1, III-b
- Presumption permitted
- RSA 674:32-a
- Crops in all districts
- RSA 674:32-c
- Farm stands
- Agriculture per RSA 21:34-a
- Reasonable standards
- Still allowed
Summary
New Hampshire limits municipal zoning over agriculture. RSA 672:1, III-b declares agriculture a beneficial use not to be unreasonably limited, and RSA 674:32-a to 674:32-c keep farming and the growing of crops permitted uses that towns cannot prohibit in any district.
In accordance with RSA 672:1, III-d, whenever agricultural operations or activities as defined in RSA 21:34-a are not explicitly addressed with respect to any zoning district or location, such operations or activities shall be deemed to be permitted there, as either a primary or accessory use, so long as conducted in accordance with best management practices guidelines adopted by the commissioner of the department of agriculture, markets, and food and with applicable federal and state laws, regulations, and rules.
Full Breakdown
New Hampshire restricts how municipalities regulate agriculture. RSA 672:1, III-b declares that agriculture is a beneficial feature of the landscape that shall not be unreasonably limited by zoning powers. RSA 674:32-a creates a presumption that agricultural operations are permitted wherever a zoning ordinance is silent, and RSA 674:32-c provides that the tilling of soil and the growing and harvesting of crops shall not be prohibited in any district. Towns may still apply reasonable performance standards on setbacks, noise, and odor, and farm stands are protected as part of agriculture defined in RSA 21:34-a. (RSA 674:32 itself governs manufactured housing, not farming.)
Violations & Penalties
Local ordinances that effectively prohibit agriculture exceed RSA 674:32-a to :32-c and are subject to challenge as ultra vires; courts may award injunctive relief to farmers.
Frequently Asked Questions
Can a New Hampshire town zone out farming?
Are roadside farm stands allowed?
Sources
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