NH Rev Stat § 79-C:3 (2021)
2021 New Hampshire Revised Statutes|Title V - Taxation|Title 79-C - Discretionary Easements|Section 79-C:3 - Qualifying Land.

    79-C:3 Qualifying Land. –||I. Any owner of land which does not meet the criteria for open space land as defined in RSA 79-A but meets the tests of demonstrated public benefit in paragraph II of this section and who wishes to keep the land in a use consistent with the purposes of this chapter may apply to the governing body of the municipality in which the land is located to convey a discretionary easement to the municipality.||II. A discretionary easement on open space land shall be considered to provide a demonstrated public benefit if it provides at least one of the following public benefits:||(a) The preservation of land for outdoor recreation by, or for the education of, the general public where:||(1) The general public has the regular opportunity for access to and use of the land for pedestrian purposes; and||(2) The land has conservation and recreational values which make it attractive for public use.||(b) A relatively natural habitat for fish, wildlife, or plants, or similar ecosystem, where:||(1) The property is in a relatively natural state; and||(2) Rare or endangered or threatened species are present; or the property contributes to the ecological viability of a park or other conservation area; or otherwise represents a high quality native terrestrial or aquatic ecosystem.||(c) The preservation of open space land, where:||(1) There is scenic enjoyment by the general public from a public way or from public waters; or||(2) The open space protection is pursuant to a clearly delineated federal, state, or local conservation policy.||(d) The preservation of an historically important land area, where:||(1) The property is either independently significant due to recorded local, regional, or state history, or is within a historic district; or||(2) The property is immediately adjacent to an historic district; or||(3) The land's physical or environmental features contribute to the historic or cultural integrity of a property listed on the National Register of Historic Places.||(e) The preservation of an airport, as defined in RSA 422, excluding the value of any buildings, runways, or other structures, where:||(1) The airport serves, or contributes to satisfying, the air transportation needs of the municipality or of its region; or||(2) The continuation of the airport serves to preserve natural habitat or open space as set forth in subparagraphs (b) or (c), which might otherwise be potentially affected by development.||(f) The preservation of a golf course which meets any of the above tests of public benefit and is open to the general public.||(g) The preservation of potable water where:||(1) The land is owned in fee by a water utility company; and||(2) The land is used for sanitary radii, retention dam sites and/or watershed protection purposes which is subject to regulation by the department of environmental services to protect water quality, which land may have a well, booster station/pump house, or retention dam structure and/or related piping.|||Source. 1996, 176:1, eff. Aug. 2, 1996. 2019, 117:4, eff. Aug. 20, 2019.|