Land Use Planning

The Land Use Planning Brief explores the laws, policies, planning and zoning related to the utilization of working lands and natural (agricultural) resources in conjunction with housing and other development. This Issue brief is one of 27 briefs created as part of the NH Food and Agriculture Strategic Plan.

View and download the pdf of this brief or read the content below.

What's at Stake?

Increasing local food production will build resilience in New Hampshire. The regulation of local land use is a critical tool to increase our food production. New Hampshire continues to see farmland permanently lost to development, at a record rate, due to the difficulty farmers have in remaining profitable and the development pressures driving up land values, especially in southern New Hampshire. While our state law provides some protections for agricultural land use, additional tools and land use controls must be adopted at the local level to encourage land preservation for food production, animal husbandry, and agriculture, slowing the loss of farmland throughout New Hampshire.

municipalities with agricultural commissions

Current Conditions

State law impacts the agricultural activities that can take place in different communities. Several laws¹ provide protections for existing agricultural uses, as well as related accessory uses, such as agritourism, used by many farms to reach or maintain profitability. While some municipalities have adopted the state’s definition of agriculture,² some have chosen more narrow definitions, and others haven’t defined agriculture at all in their zoning ordinance.

Local land use planning decisions are made by a variety of actors in New Hampshire, many of whom are volunteers, with varying degrees of structure, guidance, and support. The NH Municipal Association (NHMA), the Office of Planning and Development at the NH Department of Business and Economic Affairs (BEA), and the NH Association of Conservation Commissions (NHACC) provide training to support these individuals, but the flow of information is slow and the rate of adoption of agriculture-friendly regulation is even slower.

In recent years, significant attention and resources have been devoted to communities becoming more housing friendly and less attention and resources have been paid to communities becoming agriculture-friendly. It is essential to find ways for housing land use and agricultural land use to coexist.

Challenges

> Many communities lack the technical expertise, capacity, or funding to update their land use regulations and become more agriculture-friendly.

> There is minimal support or guidance for communities interested in creating and operating a local agricultural commission.^3,4Funding for regional planning commissions also varies widely across the state and the focus of each differs depending on the federal funding they are awarded.

> New Hampshire’s housing shortage and the significant increase in housing costs has emphasized the need for new housing, resulting in housing developments frequently being situated in areas with high-value agricultural soils

Opportunities

> There is no shortage of tools available to New Hampshire municipalities for creating farm-friendly, regulatory environments, including establishing local agricultural commissions⁵ and agriculture- friendly land use regulations, such as agricultural preservation ordinances.⁶ There is overwhelming room for growth in the adoption of these tools. For example, while 179 municipalities allow conservation subdivisions, only five have adopted an Agricultural Preservation Ordinance.⁷ Only 27 municipalities have an agricultural commission,⁸ and even fewer have adopted an agricultural resources section in their master plan.⁹

> Some of the state’s regional planning commissions already provide circuit rider planning services to their member communities, which could be expanded to include technical assistance with agriculture-friendly planning.

Recommendations

Convene housing and agricultural advocates on land use issues
Host conversations throughout the state between housing advocates and agricultural advocates to foster dialogue, find alignment on common interests, and encourage smart development to preserve agricultural land.
Incorporate agricultural preservation into the Master Planning Process
Add “Agriculture & Food Production” as a section on the list of optional sections in the Master Plan statute (RSA 674:2) and encourage Master Plans at the local level to include an “Agriculture & Food Production” section to ensure agricultural issues are raised during the Master Planning process.
Identify high-value agriculture soils and prime farmland
Create a map viewer identifying high-value agriculture soils and prime farmland in support of farmland protection and smart decision-making at the local level. This will overlay the Soil Survey Geographic (SSURGO) database for the New Hampshire GIS layer and could be accessible through NH GRANIT’s Geodata Portal.
Launch and fund a circuit rider program for regional planning commissions
A circuit rider program would provide funding for New Hampshire’s regional planning commissions to support communities with the adoption of farm-friendly land use regulations and the establishment of local agricultural commissions throughout the state. Circuit riders will meet with planning boards, conservation commissions, and the Zoning Board of Adjustment to increase the capacity of local land use boards and assist towns with agricultural planning.
House agriculture-friendly tools and land use regulations on a central website
Create a central website with tools and local land use regulations that communities can adopt to become agriculture-friendly. The site could be organized similarly to the NH Housing Toolbox and include case studies of innovative methods and models, as well as newly-developed, agriculture-friendly zoning ordinances models, nuanced by zoning district type. This would support farming enterprises with access to markets, including the ability to establish farmers’ markets and flexibility to permit farm stands and agritourism activities.

Organizations working on this issue

is an organization or program missing from this list? Let us know.

Authors

Lead Author
Noah Hodgetts, Principal Planner, NH Department of Business and Economic Affairs, Office of Planning and Development

Contributing Authors
Todd Horner, Executive Director, Southwest Regional Planning Commission
Theresa Walker, Durham Agricultural Commission, Rockingham Planning Commission, Owner, Liberty Hall Farm
Stephen Buckley, Legal Services Counsel, New Hampshire Municipal Association

This brief was developed through a participatory process led by the NH Food Alliance, a program of the University of New Hampshire. The brief content is comprised of the opinions, perspectives, and information gathered by the authors and participants, and does not necessarily represent those of the NH Department of Agriculture, Markets, and Food or the NH Food Alliance.

Head to the NH Food and Agriculture Strategic Plan main page to read more briefs, browse recommendations and learn how the strategic plan was created.

References

^¹ Existing Agricultural Uses and Activities, Local Land Use Planning and Regulatory Powers, Agricultural Uses of Land (2019). RSA 674:32-b, Note: Chapter (ch.) 674; section (§) 32. https://www.gencourt.state.nh.us/rsa/html/LXIV/674/674-32-b.htm

Other General Provisions, Local Land Use Planning and Regulatory Powers, Agricultural Uses of Land (2019). RSA 674:32-c, Note: Chapter (ch.) 674; section (§) 32. https://www.gencourt.state.nh.us/rsa/html/LXIV/674/674-32-c.htm

Agritourism Permitted, Local Land Use Planning and Regulatory Powers, Agricultural Uses of Land (2016). RSA 674:32-d, Note: Chapter (ch.) 674; section (§) 32. https://www.gencourt.state.nh.us/rsa/html/LXIV/674/674-32-d.htm

^² Farm, Agriculture, Farming., The State and Its Government, Statutory Construction (2019). RSA 21:34-a, Note: Chapter (ch.) 21; section (§) 34. https://www.gencourt.state.nh.us/rsa/html/I/21/21-34-a.htm

^³ Merrill, Lorraine, S. Creating an Agricultural Commission in Your Hometown. NH Coalition for Sustaining Agriculture. UNH Extension. extension.unh.edu. Published February, 2007. Accessed September 25, 2024. https://extension.unh.edu/sites/default/files/migrated_unmanaged_files/Resource000021_Rep21.pdf

⁴Haddad, Nada. Preserving Rural Character Through Agriculture: A Resource Kit for Planners. UNH Extension. extension.unh.edu. Published December 1, 2000. Accessed September 25, 2024. https://extension.unh.edu/resource/preserving-rural-character-through-agriculture-resource-kit-planners-toolkit

⁵Agricultural Commission, Local Land Use Planning and Regulatory Powers, Agricultural Commission (2007). RSA 674:44-e, Note: Chapter (ch.) 674; section (§) 44. https://www.gencourt.state.nh.us/rsa/html/LXIV/674/674-44-e.htm

⁶Rockingham Planning Commission. Strafford Regional Planning Commission. NH Department of Environmental Services Coastal Program. NH BEA Office of Planning & Development. NH Coastal Adaptation Workgroup. Resilient Land Use Guide For New Hampshire: Adapting to Climate Change & Coastal Hazards. Rockingham Planning Commission. therpc.org. Published June 2022. https://www.therpc.org/ResilientLandUseNH

NH Coalition for Sustaining Agriculture. The Local Regulation of Agriculture Toolkit. NH Department of Agriculture, Markets, and Food. agriculture.nh.gov. Published December 2017. https://www.agriculture.nh.gov/publications-forms/documents/agriculture-regulation-toolkit.pdf

New Hampshire Department of Environmental Services. NH Association of Regional Planning Commissions. NH Office of Planning and Development. New Hampshire Municipal Association. Innovative Land Use Planning Techniques: A Handbook for Sustainable Development. New Hampshire Department of Business and Economic Affairs. nheconomy.com. Published in 2008. https://www.nheconomy.com/office-of-planning-and-development/resources/innovative-land-use-planning-techniques-handbook

⁷NH Department of Business and Economic Affairs. 2023 Municipal Land Use Regulation Annual Survey. NH Department of Business and Economic Affairs. nheconomy.com. Published September 1, 2024. Accessed September 23, 2024. https://www.nheconomy.com/office-of-planning-and-development/what-we-do/municipal-and-regional-planning-assistance/municipal-land-use-regulation-annual-survey

⁸Agricultural Commission, Local Land Use Planning and Regulatory Powers, Agricultural Commission (2007). RSA 674:44-e, Note: Chapter (ch.) 674; section (§) 44.; advocates to protect agricultural lands, preserve rural character, provide a voice for farmers, and encourage agriculture-based businesses at the municipal level

⁹Durham Planning Board. Agricultural Resources. Town of Durham Master Plan. ci.durham.nh.us. Adopted November 18, 2015. Accessed September 25, 2024. https://www.ci.durham.nh.us/sites/default/files/fileattachments/planning_and_zoning/page/18691/agriculture_12312015.pdf

^¹⁰NH Department of Business and Economic Affairs. NH Association of Regional Planning Commissions. New Hampshire Housing Toolbox. Published June 2023. Accessed September 26, 2024. https://nhhousingtoolbox.org/

¹¹New Hampshire GRANIT. Soil Survey Geographic (SSURGO) database for New Hampshire. Earth Systems Research Center, Institute for the Study of Earth, Oceans and Space, University of New Hampshire. nhgeodata.unh.edu Published May 2022. Accessed September 24, 2024. https://www.nhgeodata.unh.edu/datasets/NHGRANIT::soil-survey-geographic-ssurgo-database-for-new-hampshire/about