LOOKING FOR PHOTOS TO FEATURE IN NEXT EDITION OF SPACE NEWSLETTER- JUNE 2009.

SPRING 2009 SPACE NEWSLETTER in the mail this next week. Photos taken in Warner, NH were featured.

UPCOMING WORKSHOPS OF INTEREST:

If your town would like to host a current use workshop, please contact Donna Robie at 603-224-3306 or email to donna@nhspace.org. We ask that at least 10-20 people be in attendance, or else there will be a small fee for workshop.

CUB FORUMS FOR 2008:

Purusant to RSA 79-A:3, III, the Current Use Board will be holding annual public forums at the following times and locations to receive comments from the public on any concerns related to current use on the following issues:

Proposed 2009/2010 rates and administrative rule changes:

New forestland model and data being used to determine rates

Possible new study on hay and corn to determine new agricultures rates

Changes to CUB rule 307.02 & 307.03 being proposed - regarding when LUCT tax is assessed on developments.

Possible CUB forum quorum changes

SPACE has been receiving alot of calls and emails regarding the fencing issue which is not clearly defined in the CUB rules. If you would like to make a change or get a clarification on fencing, and how it varies from town to town (some keep in open space, others remove), than these forums are the prime time to address your concerns.

Changes to 307.02 and 307.03 - could impact owners/towns who wish to develop their current use property. CUB is proposing to change how and when LUCT is assessed on certain development parcels. Previously, one could keep any open space (as long as it still had the required 10 acre minimum), within a development plan in current use until such time that it fell below the 10 acres. CUB is now proposing that once any physical change begins, all land included within the development plan must come out of current use and be assessed the 10% LUCT penalty if there is a required density and/or condominium development plan.

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FOLLOW-UP NEWS FROM THE FALL 2008 PUBLIC FORUMS:

The three public forums in general were not well-attended by the general public this year. This concerns SPACE because this was your chance to speak up and be heard.

The CU Board has elected to move forward with new forestland rates for 2009. They are also recommending two rule changes 307.02 and 307.03 which will effect when and how the town assesses the LUCT (land use change tax) on developments with density requirements, as well as condominums. They also are planning to review farmland rates in the next year.

Again, if you have a lot of red maple, you may wish to change the category from hardwood to "all other" species. There is a significant savings.

The minutes from each of these three public forums should be available on the NH Department of Revenue site under "current use".

JANUARY 2009- PUBLIC RULES HEARING FOR CURRENT USE PROPOSED CHANGES

However, there is still time to make your voices heard. As part of rules changing, the CU Board must follow a procedure which includes hosting another public Rules Hearing set in mid-January 2009. (Actual date will be posted when made available). After this hearing, the public is allowed ten more days to send in their comments.

RESULTS OF PUBLIC HEARINGS -2009

The CU Board recently held a public hearing on several new proposed changes to the rules and forestland rates for 2009. After much feedback from concerned current use landowners, organizations and municipalities, the CU Board has decided to adopt the following forestland rates for 2009: (to be updated)

CURRENT USE RATES FOR 2009

Forestland w/Documented Stewardship

White pine w/ documented stewardship $ 86.00 to $130.00 per acre;

Hardwood w/documented stewardship $20.00 to $34.00 per acre;

All Other w/documented stewardship $49.00 to $74.00 per acre

Forestland Unmanaged

White pine unmanaged $ 128.00 to $1925.00 per acre;

Hardwood unmanaged $57.00 to 86$ per acre;

All Other unmanaged $86.00 to $129.00 per acre;

Farmland

Farmland ($25.00 to $425) less any SPI ratio supplied by owner

Wetland/Unproductive

Unproductive $ 20.00 *(represents an increase of $5.00)

Wetland $20.00 (represents an increase of $5.00)

FUNDRAISING EVENTS:

Every contribution helps us protect current use. Our 2008 contributions are down 20% from last year. Part of this we realize is due to the ecomony. This is one of the many reasons why current use and its tax savings is so valuable and has allowed many landowners to hold on to their properties. In order to protect the current use law and future attempts to change its benefits, we urge you to give $5, $10.00... if you have never contributed. These contributions allow SPACE to keep you informed of any pending changes, as well as educate those who do not own current use land and those who are always trying to appeal it. SPACE has been the guardian of this program for over thirty-five years. Think of the tax savings this current use law has provided during that time. Your support is greatly needed at this time and appreciated.

Once again, SPACE would like to thank Eastern Mountain Sports and their employees at the Concord, New Hampshire store for allowing SPACE to fundraise this past month. Donations were up this year at this event and SPACE appreciates the opportunity to meet with the general public and educate others on the benefits of the current use program in New Hampshire.

LOOKING FOR ADVERTISERS :

SPACE publishes two annual newsletters and is always looking for advertisers to defray some of the cost of publication. Circulation is now over 35,000. Our paper costs have increased by 25% over the past year and any extra revenue we can generate by placing your ad (for a $200.00 fee per edition) would help tremendously.

The next edition is scheduled to be released in early June 2009.

BUSINESSES: Challenge to our Current-Use Business owners...

There are many business owners who own land in current use and we need your help this year. Many times it is overlooked that the land surrounding your existing business is placed in current use with a tax savings to your business until further growth or expanison. Won't you please consider sending SPACE a donation? Business donations are tax deductible, but as always, please check with your IRS professional.

Donations can be sent to:

SPACE- NH Current Use Coalition

54 Portsmouth Street

Concord, NH 03301

Donations $100.00 and Above will be posted on our new "100+ above Club" section on this website.

IS THERE AN INTEREST FOR YOUR BUSINESS TO SUPPLY A SERVICE OR ITEM FOR A POSSIBLE SPACE SILENT AUCTION? SPACE is always looking for new fundraising ideas to assist us in funding the protection of current use.

Please call Donna at 603-224-3306 if you have any questions regarding current use and/or if you'd like a calculation on how much having your land enrolled in current use saves you each year. With the economy in such turmoil, this program enables most landowners to retain their land.

NEW: as of NOVEMBER 2008

SPACE has now added an online feature to the financial section of this website which will now allow you to make a donation to SPACE using a Mastercard, Visa or Discover card. SPACE has linked this section with eProcessingnetwork to ensure your donation and information is secure.

LEGISLATION PROPOSED FOR 2009

SPACE is currently monitoring the proposed House bills and the challenges we all might face.

2009- HB-424-FN-A:

relative to the land use change tax

Sponsor: Derek Owen-R

This bill clarifies that land which is used in the satisfaction of density, setback, or other local, state or federal requirements as part of a contiguous development plan shall be considered change in use for purposes of assessing the land use change tax at the time the development site is changed in use.

SPACE is opposed to this bill and has joined a CU Board Sub-Committee to study this bill and its impact. This bill was introduced as a result of the 2007 Formula Development vs Town of Chester Supreme Court ruling. SPACE and the CU Board Sub-Committee, along with members of other organizations will study the impact of this court decision and attempt to clarifiy segements RSA 79-A:-7 V (a) amd V (b).

2009- HB 235: making the seller of land assessed in current use liable for payment of the land use change tax.

Sponsor: William A. Hatch

SPACE is opposed to this bill. The law is fine without adding another change to this section and SPACE does not feel that a change from the original law's intent should dictate that the seller is responsible for the LUCT tax.

2009- HB -385 : relative to placement of personal wireless service facilities on land in current use.

This bill exempts the placement of a personal wireless service facility from the application of the land use change tax.

Sponsor: Daniel A. Eaton

SPACE is opposed to this bill. Structures of any kind are not considered "open space" and to make this exemption would challenge what constitutes a structure under the original law's intent.

There is another House bill interest, but not currently a part of any current use changes:

2009-HB-107: relative to technical corrections to the law on taxation of farm structures and land under farm structures. (was HB-1442).

Sponsor: Eric G. Stohl

SPACE will montior this bill. It is not under RSA 79-A at this time.

There is one proposed Senatorial bill:

2009-SB 151 : relative to quorum requirements for public bodies for which a quorum is not expressly declared.

Sponsor: Jacalyn L. Cilley

SPACE would be opposed to allowing the CU Board (which falls under the category of a public body) to remove a quorum when taking a vote or holding a public hearing. SPACE would suggest if the CU Board wishes to forego having a quorum at the three public forums (as required by law each year), that they attempt to hold at least one public forum in each of the ten counties, but with no quorum restrictions.

SPACE is proud to announce the hiring of former legislator, Tim O'Connell of Milford as our latest lobbyist. Tim and his wife Noreen live in Milford, NH and operate the Butternut Farm. If you would like to contact Tim directly, email: tocnoc@comcast.net

This page was updated: March 5, 2009