Section 162-C:6 Purpose; Management.
I. The general court recognizes that in order to maintain New Hampshire's distinctive quality of life, strong economic growth must be balanced with responsible conservation initiatives, and that the history of conservation in New Hampshire has been marked by cooperation among government, business, individuals, and conservation organizations. The general court further recognizes the strong traditions of both public and private land ownership and use, and the need to respect investments in the conservation of natural resource lands in the state for the perpetual use of the people of New Hampshire. In addition, the general court recognizes that the land conservation investment program was undertaken, in part, with significant donations of cash and land value by citizens of the state who intended that the conservation value of these lands be protected in perpetuity.
II. In addition to its other responsibilities, the council shall manage and administer the lands acquired and funds established under the land conservation investment program under the former RSA 221-A, according to the provisions of this subdivision and consistent with agreements entered into with persons with ownership interests in such lands.
III. The council shall manage the lands acquired under the former RSA 221-A so as to preserve the natural beauty, landscape, rural character, natural resources, and high quality of life in New Hampshire. The council shall maintain and protect benefits derived from such lands and maintain public access to such lands, where appropriate. On state-owned lands, whenever the council shall deem it in the best interest of conservation and protection of the values outlined in this section, it may, with the consent of the governor, authorize the exchange of any interest in the property when the conservation values of the property would be degraded if no action were taken. Prior to submitting a request to the governor to exchange any interest in the property, the council shall provide at least 30 calendar days advance notice to the local governing body and conservation commission. Such exchanges shall be reviewed and approved by the council, shall involve lands contiguous to the original acquisition which have equal or greater conservation value, and shall convey only those interests necessary to compensate for the potential degradation.
IV. Notwithstanding paragraphs I-III, the council shall recognize that the interest of public safety and welfare may, from time to time, require minor expansion, minor modification, or minor alteration of existing roads within the state highway system. After review and approval by the council, and notwithstanding RSA 162-C:10, the department of transportation may obtain interests in lands acquired under the former RSA 221-A adjacent to state highways. Permissible expansion, modification, or alterations under this section shall include drainage easements, slope easements, lane widening, the addition of a passing, climbing, or turning lane, or similar adjustments, but shall not include construction of a new highway or portion thereof, construction of a bypass for an existing highway, or similar major alterations. Approval shall not be granted if reasonable and prudent alternatives exist nor if individual or cumulative approvals are likely to materially impair the conservation purposes for which the parcel was originally protected. Projects determined by the council to be outside of the scope permitted by this subdivision shall require approval from the general court.
V. The review and approval process required by paragraph IV shall give full consideration to the management provisions contained in paragraphs I-III. The department of transportation shall submit a written request to the council with plans and supporting documentation to demonstrate compliance with the provisions of this chapter. A quorum of the council, consisting of at least 6 members, shall hold a public hearing within 90 days of receipt of a complete request to release land conservation investment program interests. The council shall provide at least 10 calendar days notice in advance of such hearing. Notification shall be made, at the expense of the department, to the landowner, local governing body and conservation commission, abutters, the Society for the Protection of New Hampshire Forests, The Nature Conservancy, the Audubon Society of New Hampshire, the New Hampshire Wildlife Federation, and the county conservation district, or their successors. Notification of the public hearing shall be published, by the department, in a paper of general circulation in the municipality and shall be posted, by the department, in at least 2 public places. At the hearing or within 15 days after the hearing, a majority of the council members attending the hearing shall vote to approve or deny the application, unless a time extension is requested by the department. Aggrieved parties, which include all parties who must be notified under this paragraph, may appeal the council's decision to the superior court in the same manner as planning board decisions are appealed under RSA 677:15.
VI. Compensation for any interest in land obtained by the state department of transportation under this section shall be at the appraised full fair market value of those property interests at the time of the department's acquisition. Alternative forms of compensation such as replacement land with comparable conservation value, or a combination of monetary compensation and replacement land may be considered in appropriate circumstances provided all parties owning an interest in the property agree to such terms.
VII. Compensation due to the state under this section shall be deposited in the trust fund of the New Hampshire land and community heritage investment program established under RSA 227-M and used for the purposes of that program. Compensation due to municipalities shall be dedicated to the acquisition or monitoring of protected lands consistent with the purposes of this chapter. Compensation due to landowners of conservation easement lands shall be as specified in the conservation easement, deed, or as otherwise negotiated. Any party aggrieved by the amount of compensation may file a petition with the superior court in the same manner as damage appeals are filed from the board of tax and land appeals under RSA 498-A:27.
Source. 1995, 10:4. 1998, 364:1. 2000, 245:2, eff. June 8, 2000.