STATEWIDE PROGRAM OF ACTION TO CONSERVE OUR ENVIRONMENT S.PS.PS.P.A.C.E..A.C.E..A.C.E. Newsletterewsletterewsletter Summer, 20032003Summer, Legislative Update: SPACE Monitors Active Legislative Session

his legislative session, SPACE was active in monitoring and influencing a number of bills Trelated to current use. While other issues dominated the headlines this year, SPACE was active on four bills, and monitored several others to make certain that current use remains a strong and effective program. Recreational Adjustment In current law, current use landowners who allow others to use their land for certain pedestrian activities (hiking, hunting, fishing, cross-country skiing, snow shoeing, and nature observation) are eligible to receive a 20% reduction from their normal current use property tax assessment. Roughly 40% of the state’s current use land receives this “recreational adjustment.” Representative John Pratt of Walpole introduced HHHouse Bill 11ouse 8881,11 relative to horseback riding as a recreational use of land in current use taxation. As introduced, this bill would have done two things: • Require landowners receiving the 20% recreational adjustment to allow horseback riding on their property. This provision would require landowners to allow horseback riding “12 months of the year”, just as the existing law applies to pedestrian activities, and • Provide specific horseback riding liability protection, in addition to what already exists in state law, to landowners who allow horseback riding on their property. The first part of this legislation, aimed at current use, was of significant concern to SPACE. As the organization pointed out to the House Environment & Agriculture Committee, horseback riding is significantly different than the other activities current included in the “recreational adjustment”, as horses have the potential to do significant damage to roads, trails and off-trail areas during certain times of the year. SPACE was also concerned that if landowners who did not want horses on their land withdrew from the “recrea- SPACE monitors all proposed legislation for possible tional adjustment”, other recreational users such as hunters effects on the Current Use Program. and hikers would lose access to open space across the state.

photo courtesy New Hampshire Timberland Owners Association (continued on page 2) New HampshirHampshirNew eee ’s CC’s urrurrurrent Use CoCoent alitionalitionalition 222 S.PS.PS.P.A.C.E..A.C.E..A.C.E. Newsletterewsletterewsletter Summer, 20032003Summer, S.P.A.C.E. SPACE Monitors Board of Directors Active Legislative Session Municipal & County Government Committee, the House found this bill inexpedient to Chuck Souther, Chair (continued from page 1) legislate, noting that such a system “would lead NH Fruit Growers Association to more confusion and higher costs.” Concord The House heard these concerns, and stripped Charles Niebling, Vice Chair the bill of any reference to current use. The Land Use Change Tax SPNHF Concord Senate agreed. As passed, HB 181 is now relative House Bill 803803,803House sponsored by Representative Ken Marshall, Treasurer to limiting landowner liability for giving permission Ralph Akins of Lebanon and three others, Landowner for horseback riding, and explicitly extends Boscawen establishes a New Hampshire downtown John Barto, Esq., Clerk certain liability protections to landowners who development program. This bill proposes a new Landowner willingly allow horseback riding on their downtown revitalization program that would, Pittsfield property. This liability protection has been Rep. David Babson Jr. among other things, use several new revenue Landowner signed into law, and now extends to landowners sources to pay for the program. One of those Ossipee across the state. would be a 5% surcharge on the Land Use Meade Cadot Harris Center for Conservation Education SPACE expects the issue of recreational use of Change Tax (LUCT). SPACE opposed the Hancock current use land to come up in future years. In LUCT surcharge. This bill was “re-referred” to Joseph Ford the Municipal and County Government NH Municipal Association addition to horseback riding, activities such as Lee mountain biking and ATV use are growing in Committee of the House, essentially putting it Lee Holliday popularity, and may seek to be included in the into a study mode with a recommendation on New Hampshire Wildlife Federation “recreational adjustment.” Thank you to all who the fate of the bill to come in January of 2004 Concord Charles Levesque completed and returned the survey on when the legislature re-convenes. A Landowner recreational use in the last newsletter. The subcommittee of the Municipal and County Antrim Government Committee chaired by Rep. Rob Johnson SPACE Board of Directors will be using this NH Farm Bureau valuable input to inform our position on these Thomas Gillick of Hampton has had many Concord issues in coming years. work-sessions on the bill. The likely outcome of Dennis McKenney the 5% LUCT surcharge in the bill is not clear at New England Forestry Foundation Shorefront Land Bennington the time of this newsletter. SPACE continues to Isobel Parke House Bill 772772,772House an act including undeveloped monitor the work of the subcommittee and Jackson, Jackson & Wagner shoreline property in land granted tax relief under Exeter continues to oppose the LUCT surcharge. Northam Parr current use, was sponsored by Representative Landowner Chris Christensen of Merrimack. This bill Legislation for the 2004 Session Rumney would have allowed landowners with at least two This year, legislators were able to file “legislative Win Robinson NHACC acres of undeveloped shoreline to enroll in service requests” (LSRs) – essentially a request Concord current use. The House Environment & that a bill be drafted for future use – for the Jasen Stock Agriculture Committee recommended this bill 2004 session of the legislature. Judging by the NH Timberland Owner’s Association titles, two LSRs are of particular interest to Concord “inexpedient to legislate” (not passed), noting Larry Sunderland that “this was reported to be for the purpose of SPACE, though more may involve current use Audubon Society of NH improving water quality, but no evidence was once final legislative language is released. Deering John Violette presented” that this bill accomplished anything Representative Christiansen of Hudson is NH Snowmobile Association that is not already covered by the Shoreline sponsoring LSR 2218, restricting landowners Bow Protection Act. Upon this committee rec- from posting current use lands as “no hunting Michael Yatsevitch Landowner ommendation, the full House rejected this bill. allowed” with certain exceptions. Cornish LSR 2202, sponsored by Representative Jasper Current Use Treatment for All Property Lindsey K. Santaniello of Hudson, is relative to land use change tax Sponsored by Representative Thomas Administrator/Editor funds and LSR 2031 establishing a study This newsletter is published McCormick of New London, House Bill 407407House committee on local land taxes is sponsored by bi-annually by S.P.A.C.E. was titled an act allowing municipalities the option Circulation 27,000 Representative Allen of Harrisville. Final of appraising property based on assigned values Statewide Program of Action legislative language for these and other LSRs to Conserve Our Environment reflecting the current use of property, and requiring will be evaluated by SPACE once available, 54 Portsmouth Street the current use board to adopt criteria for such Concord, NH 03301-5400 probably not until sometime in the Fall. 603-224-3306 appraisal. This bill would allow municipalities e mail: [email protected] to use state-established “current use” rates to As always, SPACE tries to make information on Website: www.nhspace.org Website design by: assess all property, not just open space. New legislation involving current use available to all Custom Communications rates would need to be established for interested parties. If you have questions about 145 Newbury Street, 3rd Floor Portland, ME 04101 residential, commercial, industrial and utility legislation, or need a copy of a bill, please don’t 207-771-5510 www.desktoppub.com land. After consideration by the House hesitate to contact us at 603/224-3306. 333 S.PS.PS.P.A.C.E..A.C.E..A.C.E. Newsletterewsletterewsletter Summer, 20032003Summer,

Summary of • Most landowners do not own an ATV, trail bike or motorcross bike themselves. • ATV Survey Of landowners who own ATV’s they are more frequently used for work than for recreation. • Most landowners are not being contacted for permission to use their land for motorized Responses vehicles. However, most landowners (72%) are not posting against motorized wheeled uses. • Over half (54%) of the respondents have observed evidence of unauthorized use, primarily by 532 RESPONSES ATV’s. TABULATED • Of landowners who observed unauthorized use, creation of trails across, through and within their property was the most frequent complaint, with use of snowmobile trails after the season In our Summer 2002 the next most frequent complaint. SPACE newsletter we • The most common problems resulting from unauthorized use were: asked current use 1. Erosion and rutting of existing roads and trails (reported by 70% of 287 landowners); landowners to tell us 2. Litter (50% of 287) their experience with 3. Excessive noise (49% of 287) All Terrain Vehicles 4. Damage to fields, pastures and seeded crops (34% of 287). (ATV’s). Here are the results of 532 • Most landowners do not think the existing state laws are effective in deterring unauthorized landowner responses; use of ATV’s on private lands. at right, some • Of 54% who reported having observed evidence of unauthorized use on their land, only 32% of conclusions drawn landowners contacted law enforcement from the results below. • Although those who contacted law enforcement officials about the problem were mostly Thank you for your satisfied with the timeliness of the response, over half were not satisfied with their effectiveness participation! at preventing further unauthorized use, and were overwhelmingly not satisfied with the compensation for the damage to their property.

1. In total, how many acres of land enrolled in current use If no go to question 9. If yes, please answer the following questions: do you own in whole or in part? 8a. On your property, unauthorized use is primarily from: 10-49 acres…………40%40%40% 250-499 acres……….7%7%7% (check one) 3 or 4 wheeled ATV…60%60%60% 50-99 acres…………26%26%26% 500-1000 acres……...4%4%4% 4WD truck use …20%20%20% 100-249 acres………22%22%22% Greater than 100 acres …1%1%1% Trail bike/motorcross …20%20%20% (Question 2 was regarding the municipalities current use land is owned. 8b. Check the type of unauthorized use found on your property. No tabulated response for this question.) Check all that apply. 3. Do you own an ATV? Yes...20%20%20% No...80%80%80% Creation of unauthorized trails across, through or 3a. If YES, how many do you own? within property…5551%1%1% (1) 3 or 4 wheeled ATV 1…5551%1%1% 2…44%44%44% 3…2%2%2% Use of Class VI roads …1119%9%9% (2) Trail bike/Motorcross 1…5%5%5% 2…4%4%4% 3…1%1%1% Use of logging roads and/or skid trails …24%24%24% 3b. Choose only ONE of the following that indicates your PRIMARY Use of snowmobile trails after winter conditions cease to exist …39%39%39% reason for using ATV(s): Use of existing utility Right-of-Way …1119%9%9% (1) Recreational, pleasure riding…37%37%37% Use of abandoned and/or working railroad beds …20%20%20% (2) Support for fishing/hunting…8%8%8% Other …6%6%6% (3) Work — including forestry, farming, maple sugaring, 8c. Check any problems you have observed resulting from cordwood cutting, etc.) …53%53%53% unauthorized use of your property from motorized wheeled 3c. Do you register your ATV with the state? vehicles. Check all that apply. YES…58%58%58% NO…41%41%41% Damage to stream and pond banks …24%24%24% 4. Do you allow ATV’s or trail bikes to ride on your land? Damage to fields, pastures and seeded crops …34%34%34% YES…34%34%34% NO…63%63%63% Fires …12%12%12% Excessive noise …49%49%49% 5. Do you allow other motorized recreational uses, such as Damage to gates and fences …28%28%28% snowmobiles or 4WD trucks? YES…52%52%52% NO…47%47%47% Damage to signs …30%30%30% 6. Have you ever been contacted for permission to ride an ATV, Damage to regeneration of forest stand …25%25%25% trail bike or 4WD truck on your land? YES…29%29%29% NO…72%72%72% Litter …53%53%53% 7. Is your property posted against motorized wheeled trespass? Unauthorized camping …1116%6%6% YES…26%26%26% NO…72%72%72% Erosion and/or rutting of existing roads, trails, skid trails, etc…70%70%70% 8. During the past year, have you observed any unauthorized ATV Sedimentation and siltation of streams, ponds and wetlands …12%12%12% or 4WD truck use or evidence on your land? Damage to wildlife habitat …22%22%22% YES…54%54%54% NO…45%45%45% Harassment or evidence of harassment of wildlife …1116%6%6% Other …18%18%18% 444 S.PS.PS.P.A.C.E..A.C.E..A.C.E. Newsletterewsletterewsletter Summer, 20032003Summer, Donations Received 2/19/03 Thru 6/10/03 Michael & Carol Andrews Many Thanks to William & Ann Arthur Milton & Nancy Mardirosian Dominic & Suellen Balestra S.P.A.C.E. Donors! Jeff & Linda Michelsen Karl & Louise Barnard Ralph & Gloria Neary R & M Barnes The S.PS.PThe .A.C.E. BoarBoar.A.C.E. d of DirDird ectorsectorsectors James & Betsy Nichols Andrew & Anne Bartlett extends its appreciation to ALLALLALL Madge Nickerson Stanley A. & Anna Bartlett contributors, whose support Dennis & Kathy Nolin Anne Booth funds S.PS.Pfunds .A.C.E.’.A.C.E.’.A.C.E.’s annual prprs o-o-o- John Northcott grgrgram of currcurram ent use advadvent ocacyocacyocacy,,, Maurice Bowes research and outreach.outreach.research Isobel Parke Bradford & Carol Boynton research and outreach.outreach.research Wayne Patenaude Allen H. & Barbara Britton Jr. S.P.A.C.E. relies exclusively on the Raymond & Elizabeth Paynter Jr. George W. Brown Jr. contributions of current use Leopold & Elizabeth Peavy Jr. Grace Bulkeley landowners for its financial sup- John B. & Alice Pepper Donald & Cynthia Burgess port. Keith E. Pomeroy Howard & Elaine Clark Printed below are “100 Club” John H. Pramberg Jr. Mrs. Alfred Cohen contributors, who donated $100 or Purity Springs Resort Arthur E. Cohen M.D. more to our 2003 annual appeal. William B. Ruger Jr. Joseph G. & James Colby S&M Forest Trust FW & Phyllis Conley YYYour contributions make ourourour Frank G. & Pauline Scruton Martin & Annemarie Conley work possible!possible!work Bronson & Mary Shonk Hamilton Coolidge Francis W.K. Smith Lawrence Coolidge Larry & Pia Sunderland Chair Dr. Charles K. Crawford G. Ernest Temple David J. & Florence Crowe Thomas & Sheila Thomson James & Deborah Crowell L. Clarke Hill John O. Tomb Casimir & Elizabeth DeRham Jr. Edwin & Mary Hiller John B. Townsend, Trustee Cia Kensan Devan William E. Hocking Trust Dick & Jenny Trelfa Peter D. & Martha Diebold Alwin E. Hodson Jr. Drs. William & Elizabeth Trought Clarence L. Farwell Shirley L. Hudson Nora M. Tuthill Quentin P. Faulkner Carl & Ann Jacobs C. Jerome & Doris Underwood Charles & Charlotte Faulkner II Jolyon Johnson John & Marian Waldhausen Vergil & Ruth Ferm Daniel & Linda Jones Susan C. Webster Peter & Julia Ferrino, MD Dr. Charles F. Kane Jr. Weedfield Realty Trust Austin & Leslie Furst Jr. Kennett Company Bob & Binney Wells Edna Glaessel Walter & Barbara Lacey II Howard H. & Sandra Weston Glen Oakes Associates Gerald & Pat Langdon Walworth & Mary Anne Williams George & Marguerite Hanson Richard Mann Elizabeth B. Williams Warren & Polly Henderson Manning Hill LLC Frederic I. Winslow

8d. Please estimate how much money, if any, you have spent in the 10. Have you sought law enforcement support or action for past year to address any problems resulting from unauth- unauthorized ATV use of your land? Circle all that apply. orized motorized wheeled vehicle use of your property. Municipal YES 20%20%20% NO 80%80%80% $0 …34%34%34% County YES 2%2%2% NO 98%98%98% Between $1 and $499 …46%46%46% State YES 9%9%9% NO 9991%1%1% Between $500 and $999 …8%8%8% Federal YES 1%1%1% NO 99%99%99% Between $1000 and $1499 …5%5%5% 10a. If YES to any of the above, were you satisfied with the Between $1500 and $1999 …4%4%4% responseand results? Circle ONE for each attribute. Between $2000 and $2500 …2%2%2% Timeliness: 9. How effective do you believe existing state laws are in Not Satisfied 28%28%28% Satisfied 48%48%48% Very Satisfied 24%24%24% deterring unauthorized use of ATV’s on private lands? Effectiveness at preventing further unauthorized use: Choose a number on the scale below, with 1 being ‘Not Effective at all’ Not Satisfied 52%52%52% Satisfied 35%35%35% Very Satisfied 1113%3%3% and 10 being ‘Highly Effective’. Compensation for damage: Not effective Somewhat effective Highly effective Not Satisfied 77%77%77% Satisfied 20%20%20% Very Satisfied 4%4%4% 1 2 3 4 5 6 7 8 9 10 33%33%33% 18%18%18% 12%12%12% 6%6%6% 1110%0%0% 9%9%9% 4%4%4% 5%5%5% 1%1%1% 1%1%1% 555 S.PS.PS.P.A.C.E..A.C.E..A.C.E. Newsletterewsletterewsletter Summer, 20032003Summer,

SPACE Updates Important Land Use Change Tax Research Land Use Change Tax Still Pays Communities Back!

PACE has recently updated research that examines Land Use towns for the years 1995-2000. Only seven of the original ten towns SChange Tax (LUCT) revenues in ten selected New Hampshire were updated in this research: Rollinsford did not have any current towns: Amherst, Boscawen, Canterbury, Durham, Gilford, use parcels exit the program, and Amherst and Madbury no longer Haverhill, Londonderry, Madbury, Merrimack and Rollinsford. kept data necessary for this research. Of the remaining seven The LUCT is the penalty assessed when current use land is towns there were 719 parcels (totaling 1582 acres) removed from subdivided or developed and no longer qualifies for current use. current use and LUCT revenue in the amount of $3,160,505, The penalty is 10% of the fair revealing an annualized rate of market value. return of 9.3%. The average time The methodology for this these lots were in current use was research was developed and 18 years. first conducted in 1989 by Dr. The current research clearly Douglas E. Morris of the indicates towns are receiving University of New Hampshire. more in LUCT revenues than was Dr. Morris sought to “lost” while the property was in determine if the 10% LUCT current use. Although the was enabling towns to recoup average annualized rate of return property taxes abated when was lower than earlier studies, a the property was enrolled in review of the individual towns current use. Dr. Morris’ study showed all but one town receiving researched parcels removed more than they would have had from current use from 1980- the property remained in ad 1987 in the ten towns, which valorum, with two towns receiving were selected to be over 20%. Also, the smaller representative of New sampling size (only seven towns Hampshire communities. Dr. The Land Use Change Tax usually means an end to open space. compared to ten towns in the Morris’s study found 249 prior research) makes it difficult parcels exiting current use to compare the results against the with a total of $1,493,173 in prior research. LUCT revenues. His analysis determined an annualized rate of Copies of this research or Mr.Levesque’s or Dr. Morris’s return of 56%. The annualized rate of return shows the amount of research are available from SPACE in print for $3.00 for revenue returned to the town over the revenue “lost” when the contributors and $5.00 for non-contributors. Both the current property was enrolled in current use. In other words, it compares research and Mr. Levesque’s research are posted on our website at the revenue received by the town from current use taxes and the no charge. For more information or to order copies of the research LUCT versus the revenue that would have been received by the call the SPACE office at (603) 224-3306. town had the property remained in ad valorum for the same time period. The 56% equates to $1.56 received from the LUCT for every $1.00 in “lost” property tax revenue. wwwwwwwww.nhspace.org.nhspace.org.nhspace.org The research was conducted a second time in 1995 by Charles Levesque of Innovative Natural Resource Solutions, and examined e’ve just updated parcels coming out of current use from the same ten communities W and expanded our from 1988-1994. Mr. Levesque’s research found 332 lots (equaling website to answer more of 2,116 acres) exited the program, with the towns receiving your current use questions! $2,681,221 in LUCT revenues for an annualized rate of return of Plus SPACE research, 35%. The average amount of time these lots were in current use was valuable links, past 11.4 years. newsletter issues and a Forum Because of increasing development pressures and rising property for discussion of current use values the SPACE Board of Directors decided it was time to update topics! Answer your current use the research. SPACE contracted Antioch master’s degree candidate questions at your convenience from your keyboard. Visit Cynthia Belowski to conduct the research, examining the same www,nhspace.org! Non-Profit Org U S POSTAGE 3306 P A I D Manchester, NH Permit No. 197 603) 224- (

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