April 17th 2010- Harris Center for Conservation Education, 83 Kings Highway, Hancock, NH
May 15th 2010- Hubbard Brook Experimental Forest, 234 Mirror Lake Rd., North Woodstock, NH
Special thanks to VHB, Inc. for sponsoring our morning coffee service!
Conservation Projects from the Landowner's perspective- Motives, tax advantages and concerns, Tom Masland, Esq. Ransmeier and Spellman
Wetland Mitigation with the Aquatic Resource Mitigation (ARM) Fund, Lori Sommer, Mitigation Coordinator DES
Winnepesaukee River Watershed Article
Prime Wetlands: Designation and Beyond, Sandy Crystall, Sr. Resources Manager DES
Presentation (4+ MB file- not for dialup connections)
Wetlands 101: Intro to Wetlands and Permitting, Sandy Crystall, Sr. Resources Manager DES
Presentation (4+ MB file- not for dialup connections)
Important changes to RSA 36-A took effect on January 1st, 2009.
NHACC, the Forest Society, The Nature Conservancy, the Local Government Center and others have been working together to find the best solution for clarifying whether it is lawful for a conservation commission to make a donation to a land protection project without taking an interest in the property. SB381 originally sought to allow for the election of conservation commissioners. The bill was quickly amended in the Senate and further amended in the House; each body passed their own version. The Senate then concurred with the House version.
In the spring of 2008, The New Hampshire Legislature passed a bill (SB 381) that authorizes towns to contribute conservation funds to projects sponsored by private conservation groups (such as land trusts) without having to hold a legal interest in property. The new law resolves a grey area in the law that had long divided municipal attorneys. Specifically, the bill adds language to the state statute governing town conservation commissions (RSA 36-A), authorizing them to make contributions from their conservation funds to “qualified organizations,” for acquisitions of property interests (fee or easement) held by the organizations, and/or transaction costs related to these purchases. The bill also adds language to statute declaring town expenditures to such organizations as a public purpose because they protect the state’s natural resources. There is also a section of the new law that specifically allows towns to purchase property outside of the town boundaries.
Conservation Commissions who wish to have the ability to contribute to land conservation projects without holding an interest in real estate, and/or be able to expend funds on land outside of town boundaries need to ask their governing bodies (again, boards of selectmen or aldermen, city or town councils) NOW to include one or both of these warrant articles on the 2009 warrant. Please be aware that this warrant article language is specified in the changes to RSA 36-A. If you prefer to change this language, consult your municipal attorney or other legal counsel.
"Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(b) to authorize the conservation commission to expend funds for contributions to 'qualified organizations' for the purchase of property interests, or facilitating transactions related thereto, where the property interest is to be held by the qualified organization and the town will retain no interest in the property?"
This article must be passed by the legislative body (town meeting, town council, city council, mayor and council, mayor and board of aldermen) after January 1, 2009.
Purchasing and caring for conservation land has substantial costs in money, time and responsibility. There are times when partnering with another organization such as a land trust may be the most efficient use of your conservation dollars.
Conservation commissions are NOT required to get governing body or town meeting approval before specific expenditures are made. The law requires a public hearing before specific expenditures are made. If you are taking a property interest you will still need to get governing body approval.
"Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(a) to authorize the conservation commission to expend funds to purchase interests in land outside the boundaries of our municipality, subject to the approval of the local governing body?"
This article must be passed by the legislative body (town meeting, town council, city council, mayor and council, mayor and board of aldermen) after January 1, 2009.
Important natural resources such as drinking water supplies, aquifers, wildlife corridors, etc. often cross municipal boundaries. Working across municipal boundaries often provides the opportunity for communities to work together protect the whole resource.
Conservation commissions are required to get approval from the governing body (boards of selectmen or aldermen, city or town councils) before expending funds.
SB 381 goes into effect on January 1, 2009. This means communities that currently use conservation funds to support land conservation projects, and wish to continue to do so, must pass the appropriate warrant article(s) in 2009. It also means that there will be a “blackout period” for some communities between January 1, 2009 and spring town meeting when expenditures for conservation projects that do not include the town holding an interest in real estate will not be possible. If your commission has a pending project any existing agreements may be completed as long as the contributions happen before the end of 2008 or after the appropriate warrant has been passed.
If you have an Open Space Committee that is separate from your commission you should let them know of these important changes!
Full text of the bill can be found at: http://www.gencourt.state.nh.us/legislation/2008/SB0381.html
Special thanks to Rep. Tim Butterworth who presented a House floor amendment which successfully removed the requirement for governing body approval for each expenditure to a qualified organization!