Milford Conservation Plan: Chap.3

Conservation Plan
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CHAPTER 3:
Government Regulations and Funding Programs

This chapter identifies major state and federal regulations, describes various types of local conservation techniques, and identifies federal, state and local funding sources.

STATE AND FEDERAL REGULATIONS

It is important for conservation commission members, local officials and the public to be familiar with state and federal regulations for several reasons. First, individuals may notice commercial or industrial uses not in compliance with state or federal requirements and may wish to notify offenders and/or the appropriate authorities. Second, the state delegates some regulatory power to local governments. A municipality can most effectively manage and protect its resources with full knowledge of the actions that the state allows and requires of it. Finally, in some cases state regulations may preempt local regulations. According to the New Hampshire Association of Conservation Commissions' Handbook for Municipal Conservation Commissions in New Hampshire, the courts have found local regulation to be preempted by the state in the areas of herbicides, hazardous waste facilities, construction and maintenance of dams and hydropower facilities, access to State Highways, and location of power lines.

Permit and funding programs in this section are arranged alphabetically by activity or natural resource type.

Air Quality
Federal: The EPA, under the Clean Air Act, has established National Ambient Air Quality Standards for primary and secondary pollutants. These pollutants include particulates, sulfur oxide, nitrogen oxide, carbon monoxide, ozone, and lead. The states are responsible for attaining and maintaining these standards and are required to submit a State Implementation Plan for EPA approval. States may adopt regulations more stringent than federal regulations.
State: The New Hampshire DES Air Resources Division, under the authority of RSA 125-C, regulates construction, installation, operation, and modification of air pollution devices and sources. Permit duration varies from one to three years, depending on the amount of emission. Applicants are required to submit information about type of fuel, operating schedules, and control devices. Approval is subject to compliance with applicable emission limits and air quality standards.
Dams
Federal: The Federal Energy Regulatory Commission (FERC) licenses hydropower projects as part of its responsibilities under the Federal Power Act.
The only way to guarantee that a section of a river will not be dammed for hydropower is by designating the river segment under the federal Wild and Scenic Rivers Act (see RIVER MANAGEMENT). All dams, hydropower or not, are subject to US Army Corps of Engineers permitting for dredge and fill.
State: Under the authority of RSA 482:29, the Dam Bureau of the Water Division of the Department of Environmental Services (DES) regulates the construction or reconstruction of dams. Consideration is given to anticipated public benefit as well as to the effect on scenic and recreational value, fish and wildlife, natural flow of water in the stream below the dam, and hazards to navigation, fishing, bathing, and other public uses. The Bureau classifies dams according to the degree of hazard to public safety and welfare and orders repair or removal of unsafe dams. The Bureau also maintains state-owned dams and regulates their water level. All dams must also be permitted by the DES Water Division's Wetlands Bureau (RSA 482-A).
Excavation, Mining, and Significant Alteration of Terrain
State: RSA 155-E requires municipalities to regulate excavation by permits granted through a public hearing process. The major provisions of the statute prohibit excavation below road level within 50 feet of any highway right-of-way unless for the purpose of said highway; within 50 feet of a disapproving abutter; within 10 feet of an approving abutter; within 75 feet of a great pond or navigable river and within 25 feet of other rivers, streams, ponds, prime wetlands and wetlands larger than 5 acres. All excavations must comply with the minimum operational and reclamation standards of RSA 155-E: 4-a, 5 and 5-a. Local regulations may be adopted and municipalities must require restoration bonding as a condition of permit approval.
Activities excluded from permit requirements include excavation of dimension stone from granite quarries and excavation exclusively for construction, reconstruction, or maintenance of Class I - V Highways. Operations that crush bedrock to produce construction aggregate are under the jurisdiction of municipalities under the provisions of RSA 155-E.
All mining and quarrying of minerals and metal deposits in the state is regulated by the Department of Resources and Economic Development (DRED) under RSA 12-E. The regulations prohibit mining that endangers public health and safety. Specific requirements include application for a national pollutant discharge elimination system permit (NPDES, granted by the EPA and DES) and the absence of previous mining violations or reclamation bond forfeiture by the applicant.
RSA 485-A:17 requires that permits be obtained from DES for construction or earth moving which disturbs an area of 100,000 or more contiguous square feet (approximately 2 1/3 acres). The purpose of these permits, called interchangeably, "Site Specific," or "Terrain Alteration" permits, is to prevent water pollution that might occur due to changed drainage patterns and surface run-off. The area of disturbance is 50,000 contiguous square feet if it is within 250 feet of the "public boundary line" of great ponds, 4th order streams and the sea coast (RSA 483-B).
The permits are required regardless of whether surface water or wetlands will be affected except for conventional agricultural operations, provided run-off from the operations does not cause water pollution. The Handbook for Municipal Conservation Commissions in New Hampshire notes that the 100,000 square feet of ground disturbance must be "contiguous in time and space." For example, a large subdivision may not require a permit if development is phased so that, at any one time, less than 100,000 square feet is disturbed.
Also covered by RSA 485-A:17 are dredging, excavating, placing fill, mining, or undertaking construction in or on the border of surface waters.
Flood Control and Flood Insurance
Federal: The US Army Corps of Engineers builds and operates dams, dikes, levees and other facilities for flood control purposes. The National Flood Insurance Program (NFIP), administered by the Federal Emergency Management Agency (FEMA) and coordinated in New Hampshire by the Emergency Management Bureau in the Department of Safety, provides insurance for property owners in "special flood hazard" areas. The insurance is available only in municipalities that have enacted local land use and building construction codes designed to reduce the level and impacts of floods in compliance with minimum federal standards. In addition, communities participating in the National Flood Insurance Program are required to regulate through a permitting process any excavation and fill in the FEMA-defined 100-year floodplain. Federal standards focus on structural integrity of buildings; they do not cover aspects of development such as submerged wells, septic systems, electric lines, and furnaces which, if inundated or allowed to leak into flood waters, may cause significant health or safety problems.
Historical and Archaeological Resources
Federal: The National Register of Historic Places is the official list of the Nation's cultural resources worthy of preservation. Established by the National Historic Preservation Act of 1966 (as may be amended from time to time) and administered by the National Park Service within the Department of the Interior, the Register lists properties of local, state and/or national significance in the areas of American history, architecture, archaeology, engineering and culture. Resources may be nominated individually, or in groups, as districts, as multiple resource areas or by category as thematic groups.
Listing on the National Register provides many benefits, including the following: (1) recognition of local, state or national significance often stimulating appreciation of local resources and encouraging pride in ownership, (2) review and amelioration of effects which any Federally funded, licensed or assisted project might have on the property, (3) eligibility for certain federal tax benefits, and (4) qualification for federal preservation grants when funding is available.
To be eligible for listing on the National Register, properties or districts must meet the evaluation criteria in the Federal Regulations. Summarized briefly, the regulations concern the quality of significance in American history, architecture, archaeology, engineering, and culture in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association; and (a) that are associated with events that have made a significant contribution to the broad patterns of our history; or (b) that are associated with the lives of persons significant in our past; or (c) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (d) that have yielded, or may be likely to yield, information important in pre-history or history.
Listing in the Register does not interfere with a property owner's right to alter, manage, dispose of or even demolish his property unless for some reason Federal funds are involved. Nor does National Register listing require that an owner open his property to the public. Once nominated, a National Register District must have the approval of a majority of property owners, with each owner having a single vote regardless of the number of eligible properties he may own and regardless of whether the property contributes to the district's significance. For a single privately-owned property with one owner, the property will not be listed if the owner objects.
In New Hampshire, any individual may prepare a nomination application. National Register forms, maps, and photographs are submitted to the NH State Historic Preservation Office for review by the State Review Board. Following approval at the State level, the application is sent to Washington, DC for final review, approval, and listing.
The Section 106 Process is a mechanism by which Federal agencies are required to consider the effects that their actions and the actions they assist, permit, or license may have on historic properties. Examples of federal and federally-assisted actions that may affect historic properties range from the obvious (highway projects) to the not so obvious (FDIC-approved branch bank openings and automatic teller machine installations.) In the Section 106 process, the Federal agency responsible for the action in question identifies historic properties in the area and determines the effect the action will have on them. If the effect will be adverse, the agency consults with the State Historic Preservation office, local governments, Indian tribes, affected property owners, other interested parties, and possibly the Advisory Council (an independent Federal agency) to find ways of limiting or avoiding adverse effects. The consultation results in a Memorandum of Agreement accepted by the Council or, if no agreement can be reached, the Council formally sends its comments to the agency to consider in making its final decisions.
State: Field investigation of historic and prehistoric resources that involve alteration or removal of the surface or sub-surface of state owned lands or the bottom of navigable waters or great ponds is allowable only after a permit has been obtained from the state archaeologist. Permits are good for one year and may be renewed up to four times. Applications must include, among other things, site location, participants and their qualifications, and an outline of the project's research design and work schedule. No permit is necessary for non destructive field investigation, but appropriate notice and site information must be submitted to the state archaeologist (RSA 227-C.) RSA 227-C was amended in 1992 to require review of any publicly funded project that may damage historic resources.
Lakes And Boating
State: The Lakes Lay Monitoring Program (LLMP), a function of the University of New Hampshire Freshwater Biology Group, has conducted research and education efforts in lake water quality since 1978. Volunteers, usually lakeshore residents, are trained by the UNH-FBG. Using modest equipment funded by local lakeshore associations, conservation commissions, or a town's general funds, the volunteers monitor a few, key characteristics of the lakes. Physical, chemical, and biological tests performed by the UNH-FBG on samples collected by the volunteers provide a database for the state's lakes and allow documentation of trends in overall water quality, trophic status, and alkalinity. These data, along with interpretation and education provided by the FBG, have been instrumental in the creation of management strategies for lakes throughout the state. DES has similar programs for lakes and rivers, Volunteer Lake Assessment Program (VLAP) and Volunteer River Assessment Program (VRAP).
The Division of Safety Services of the NH Department of Safety is responsible for navigational markers and safe operation of boats in freshwater areas of the state. The Port Authority is responsible for boating and the placement of moorings within tidal waters and harbors in the State pursuant to RSA 271-A. Under RSA 483-A, New Hampshire established in 1990 a Lakes Management and Protection Program. This program applies to all natural bodies of fresh water having an area of ten acres or more (RSA 271:20). The Program, established within the DES, complements and reinforces existing state and federal water quality laws. It also serves to maintain or enhance the scenic beauty and recreational potential of lakes in the State.
River Management
Federal: The Federal Wild and Scenic Rivers Act was passed to preserve certain rivers and their immediate surroundings which have outstanding scenic, recreational, geologic, fish and wildlife, historic and cultural, or other similar values. The Office of State Planning's Wild, Scenic, & Recreational Rivers for New Hampshire, 1977 (as may be amended from time to time), says, "The Act states that these rivers shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations." Three types of river areas (wild, scenic, and recreational) are eligible for inclusion in the National Wild and Scenic Rivers System. The program is overseen by the National Parks Service.
State: The New Hampshire Rivers Management and Protection Program (RSA 483) encourages and assists with the development of river corridor management plans and advises on protected in-stream flows for designated rivers. Under this program, any organization or resident of the state may nominate a river or river segment(s) for protection after the legislature determines what constitutes protection. A Rivers Coordinator within the Department of Environmental Services and a Rivers Management Advisory Committee appointed by governor and council are empowered to submit proposals to designate rivers for inclusion in the program to the legislature. The Rivers Coordinator is also to develop model shore line protection measures and "encourage" towns to implement them. The Souhegan River is currently in the Rivers Management and Protection Program and is going to be one of the pilot rivers for instream flow rules.
Road Construction Across Public Waters
State: The DES Water Division regulates the construction of any public highway, access road or private way across any watershed, tributary to a lake, pond, or reservoir used for the storage of public drinking water. Under the authority of RSA 485:9, the Division reviews such factors as potential catastrophic accidents, turbidity during construction, and control of non-point pollution sources.
Scenic Roads
State: RSA 253:157 and 158 allows towns, by Town Meeting vote, to designate any road other than Class I or Class II state highways as a Scenic Road. The statute stipulates that road repair, maintenance, reconstruction or paving or work on utilities may not involve cutting or removal of medium- or large sized trees (those having a circumference of 15 inches or more at a point 4 feet from the ground) or the tearing down or destruction of stone walls, except with the written consent of an officially-designated town body after a public hearing.
The Scenic Road designation does not interfere with eligibility of the town to receive highway construction or reconstruction aid pursuant to RSA 235, emergency clearance of trees and brush by road agents or their designees, or a landowner's property rights. Towns may also adopt additional provisions different from or in addition to those in RSA 231:158. The statute does prevent the irreversible removal of trees, walls, and other scenic characteristics by officials or utilities who are unaware or unappreciative of their community value.
Trails
State: RSA 231 Municipal Trails: Under RSA 231-5, a class A or B trail may be established on any land previously acquired by the municipality, including land, easement, license, etc. given or acquired by the commission under RSA 36-A:4, and/or RSA 31:110, as long as the establishment of the trail would not violate any right or interest reserved or retained by a prior grantor or held by a third party. The city, town or commission does not have the right to use the power of eminent domain to establish trails.
Under RSA 231, restrictions upon use of a trail by the general public may be imposed by a landowner as a condition of a grant or of a dedication of a trail. The restrictions may include, but are not limited to, prohibition of motor vehicles, prohibition of wheeled vehicles, prohibition of off highway recreational vehicles, or restriction to specified modes of travel such as horse, bicycle or foot. The restrictions are enforceable in the same way as traffic violations (RSA 265) if they are posted legibly at entrance or along property boundaries.
Liability: Under RSA 212:34 and 508:17, an owner, lessee or occupant of a property is not liable for injury on land that is open to the public without charge, unless he or she shows willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or if permission to use the premises was charged for. A volunteer working on the trail is also immune from civil liability if he/she was acting in good faith and the damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the volunteer.
Solid Waste
Federal: The Resource Conservation and Recovery Act (RCRA), administered by the EPA, ensures proper management of hazardous waste from the time it is generated until the time of its disposal. Subtitle C of the Act governs large quantity generation of hazardous waste, while Subtitle D governs solid (mostly non-hazardous) waste. Included under the control of Subtitle D are approximately 36,000 waste-disposal facilities across the country that accept household hazardous waste and waste from small-quantity (less than 220 pounds/month) generators.
Subtitle D regulations, forthcoming from EPA, will require compliance with performance standards designed to protect groundwater. The EPA will require general performance standards and will prohibit additional contamination of groundwater. The regulations will allow states some flexibility, however, in making site-specific requirements and determining the resource value of groundwater.
State: Under RSA 149-M, public or private transfer, treatment, processing, and disposal facilities for solid waste (including septage and sludge) are regulated by the NH Department of Environmental Services, Waste Management Division. The Division is concerned with compliance with federal and state air and water quality standards.
Timber
State: Timber cutting near public waters and highways is regulated by RSA 227-J and enforced by the Division of Forests and Lands, Department of Resources and Economic Development (DRED). RSA 227-J prohibits the cutting of more than 50 percent of the basal area (area of a cross-section 4 1/2 feet above ground) of trees within 150 feet of a great pond, navigable river or state highway or within 50 feet of any other perennial stream unless the trees are cut for purposes of "immediate conversion of land for other than timber growing and forest uses," provided all local permits have been obtained for the new land use. It should be recognized that, although DRED is responsible for enforcing these provisions, protection of a town's timber and water resources depends also on local residents' and officials' rigorous monitoring of forested properties and timely reporting of infractions.
Pursuant to RSA 79, any person who intends to cut cordwood or timber must file a notice of Intent to Cut with the Selectmen or Assessor prior to cutting and must post in a conspicuous place within the area of cutting a certificate issued by the Department of Revenue Administration verifying that such notice has been filed.
RSA 79 authorizes municipalities to assess a yield tax of ten percent of the stumpage value of timber, calculated at the time of cutting. Exempt from the yield tax are fruit trees, sugar orchards, nursery stock, Christmas trees, and trees maintained only for shade or ornamental purposes.
Timber cutting operations must also comply with RSA 485-A:17, prohibiting pollution of streams; RSA 482-A, requiring a Wetlands Bureau permit for temporary or permanent logging roads that cross seasonal or perennial streams; and RSA 227-I, requiring registration with DRED of any permanent or portable mill for sawing or processing primary forest products.
Toxic Substances And Pesticides
Federal: The Environmental Protection Agency (EPA) regulates the manufacture, distribution, and use of chemical substances under the Toxic Substances Control Act (TSCA) of 1976. Eight categories of products are exempt from this regulation: pesticides, tobacco, nuclear material, firearms and ammunition, food, food additives, drugs, and cosmetics.
The EPA regulates the manufacture, distribution and use of pesticides, including herbicides and substances regulating plant growth, under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
State: New Hampshire requires employers to notify their employees and the local fire department of toxic substances in the workplace (RSA 277-A, the "Workers Right to Know" Act.) These provisions are enforced by the Department of Labor. In New Hampshire, provisions of the FIFRA are administered by the Department of Agriculture Markets and Food-Pesticide Control Division under the authority of RSA 430:28-48. The labeling, sale, transportation, and use of pesticides are controlled under the rules adopted by the Pesticides Control Board. The application of pesticides is controlled through a certification and permitting process. This includes application of pesticides by hand or by mechanically powered equipment, to crops for sale or for personal consumption.
Underground Storage Tanks
Leaking underground storage tanks (USTs) are recognized as a major source of groundwater pollution. Gasoline hydrocarbons probably cause the most widespread organic contamination of groundwater.
Pollution from petroleum products is difficult to detect and can easily affect large quantities of groundwater. Some water-soluble components of gasoline are odorless and colorless in solution. Even a small leak of several gallons can contaminate millions of gallons of drinking water. Other hazards presented by underground gasoline leakage are the buildup of potentially explosive gases in building materials and the spread of potential explosion and fire from leakage into sewer and leach lines. The EPA has not yet established health standards for organic contaminants, in part because it is difficult to assess adverse impacts of long-term, low-level exposure.
Federal: The Resource Conservation and Recovery Act (RCRA) Amendments of 1984 require the EPA to regulate all underground storage of hazardous substances and petroleum products, regardless of tank size. The EPA places primary responsibility for administering and enforcing the UST program on the states. State regulations may be more stringent than federal requirements.
State: The Waste Management Division (WMD) regulations (adopted under RSA 146-C) incorporate federal requirements and include additional state provisions. The rules apply to non-residential underground oil storage facilities where the capacity of any one tank is 1,100 gallons or more for facilities existing before November 9, 1985 and where the capacity of any one tank or the cumulative volume of all tanks is 1,100 gallons or more for facilities constructed or substantially modified after November 9, 1985. Exempt from State regulation are oil-transmission and oil-production facilities; motor fuel and heating oil tanks providing storage for on-site, residential consumption; septic tanks; tanks for storage of non-petroleum based chemicals; and facilities where the cumulative capacity of oil-storage tanks is less than 1,100 gallons.
These regulations require registration and permitting of all applicable USTs with the WMD and prohibit discharge into surface waters or groundwater. Owners of existing USTs must keep accurate stock inventory records, test tanks regularly for tightness, and meet minimum repair and replacement standards. All new tanks and existing tanks less than 20 years old must be replaced at age 25 years. New or substantially modified USTs must meet minimum requirements for design, construction, installation, labeling, and testing.
New Hampshire RSA 146-D creates an oil discharge cleanup fund from a 1.5-cent tax on gasoline and diesel distributors. Collected by the Department of Safety, the fund disbursed by the newly created "Oil Fund Disbursement Board" to owners of USTs that require cleanup. Owners must spend a minimum amount, which varies depending on the number of facilities owned, before they become eligible for funds under this program.
Water Quality - General
Federal: The Environmental Protection Agency (EPA) administers two primary bodies of legislation: the Federal Water Pollution Control Act (or Clean Water Act), and the Safe Drinking Water Act. The Clean Water Act regulates the discharge of dredge and fill material into water bodies, including wetlands, and prohibits the pollution of surface and groundwater resources through point and non-point sources of pollution. The Safe Drinking Water Act requires regular testing of public water supplies for regulated and unregulated contaminants, regulates underground injections of potential contaminants, and requires states to establish wellhead protection for public water supply wells. In New Hampshire, provisions of both Acts are administered by DES Water Division.
State: The NH Comprehensive Shoreland Protection Act (CSPA), RSA 483-B, became effective on July 1, 1994 and established the "protected shoreland." The protected shoreland is all the land located within 250 feet of the "reference line" of public waters.
Within the protected shoreland, certain activities are restricted or prohibited, and others require a permit from the New Hampshire Department of Environmental Services (DES). All activities that are regulated by the DES must comply with applicable local, state, and federal regulations.
Fourth order streams that may be exempt from the Shoreland Protection Act are rivers or river segments designated under the New Hampshire Rivers Management and Protection Program prior to January 1, 1993. Shoreland protection for these rivers, or river segments, designated into the NH Rivers Management and Protection Program is the responsibility of the local river management advisory committee and local municipalities. Among other responsibilities, the local river management advisory committee is responsible for developing a river corridor management plan. The Souhegan River is a designated river under this NH River Management and Protection Program.
The New Hampshire River Management and Protection Program (RMPP) was established in 1988 with the passsage of RSA 483 to protect certain rivers, called designated rivers, for their outstanding natural and cultural resources. The program is administered by the New Hampshire Department of Environmental Services (DES)
http://www.des.state.nh.us/factsheets/r&l/rl-2.htm
Waste Treatment And Disposal - See Also Solid Waste
Federal: Treatment and disposal of waste is controlled primarily by the Resource Conservation and Recovery Act (RCRA), which is administered by the EPA. The RCRA covers hazardous wastes (generation, transport, treatment, storage, and disposal), solid waste, and underground storage of petroleum products.
Cleanup of hazardous waste spills, uncontrolled waste disposal sites, and petroleum leaks and spills from underground storage tanks is authorized and funded under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA or "Superfund.") The EPA administers the Superfund, coordinated in NH by the Department of Environmental Services, and establishes rules for reporting, evaluating, and cleaning up hazardous waste sites.
State: Discharge or disposal of sewage or waste into groundwater by industrial, municipal, or privately-owned facilities is subject to regulation by the DES under RSA 485-A:13, also RSA 485 & 485-C. Permits renewable every 5 years are granted if maximum contaminant levels adopted by the Division as Drinking Water Regulations will not be exceeded and if the suitability of groundwater as a source of drinking water will not be destroyed. Facilities not designed to discharge into groundwater and systems that dispose of sewage at a rate not more than 10,000 gallons per day are exempt from the permit requirement. Discharge of waste into surface water is also regulated by the DES and the EPA. Several types of discharge are specifically prohibited: discharge of radiological, chemical, high level radioactive waste; discharge to which the EPA has objected in writing; and discharge from a point source in conflict with a plan or amendments to Section 208 (b) of the Federal Water Pollution Control Act.
The NH Department of Environmental Services regulates the construction, substantial alteration or operation of hazardous waste facility and the transportation of hazardous waste within the State. The 5-year permits for facility operators and 1-year permits for waste transporters are issued subject to evidence of financial and personnel resources sufficient to protect health, welfare, and environment.
In New Hampshire, money is available for investigating and cleaning up hazardous waste sites through a fund administered by the Waste Management Division of DES. In addition, an oil pollution control program authorized by RSA 146-A is administered by the Water Supply Engineering Bureau. The program is authorized for several uses including, but not limited to, a loan program for tank owners to clean up pollution from, remove, and replace leaking underground gasoline or oil storage tanks and a program to provide interim water supplies for pollution victims.
Groundwater Protection/Wellhead Protection
The Federal Safe Drinking Water Act amendments in 1986 established the national Wellhead Protection Program focusing on the protection of wells used for public drinking water supplies. The purpose of this program is to protect the wellhead areas of public water supplies from contaminants, which may pose a risk to public health.
In response to federal guidelines, the State Groundwater Protection Bureau and Water Division of the Department of Environment Services developed the New Hampshire Wellhead Protection Program in July 1990, subsequently approved by the EPA. In 1991, RSA 485-C was passed authorizing local entities to implement groundwater protection programs based on potential contamination sources to these wellheads and developing management programs to protect wellheads. The Groundwater Protection Act also expanded DES's groundwater protection authority.
On a local level, in early 1992, the Town of Milford, with assistance from the Nashua Regional Planning Commission, began the process of developing a Wellhead Protection Program for both the Curtis and Kokko wellhead areas. Nashua Regional Planning Commission, following the State guidelines contained in RSA-485-C, the Groundwater Protection Act, formulated a program for wellhead protection in Milford and Amherst, with Amherst included because both the Curtis Well and much of its wellhead protection area lies within the corporate boundaries of Amherst. A "Memorandum of Understanding of Wellhead and Aquifer Protection between the Towns of Milford and Amherst, New Hampshire" was approved and signed by both communities in October of 1993. The program was partially completed in 1998 and is being updated with the goal of full completion of the Curtis Wellhead reclassification to GAA status in 2005.
Additional information and data can be found in the following two documents available for review in the Town of Milford Planning and Community Development Office and in the Conservation Commission office, both in the Town Hall:
"Town of Milford Wellhead Protection Program, August 1993" and The "Curtis Wellhead Protection Program, 1998 Location of potential Contaminant Sources" .
The documents include information relative to purpose and background, process and methodology, phase one delineations, a potential contamination source inventory and management program, and recommendations on the above.
In March of 2003 a Groundwater Protection Overlay District was adopted by the voters in Milford, to replace the Aquifer Protection Overlay District.
Hazardous wastes generated by homeowners and other non-industrial users (Household Hazardous Waste) are not regulated by the State of New Hampshire. In recent years, however, local and regional efforts to ensure proper disposal of hazardous materials commonly found in small quantities in households have increased.
These toxics, inflammables, corrosives, and irritants can have a cumulative adverse effect on groundwater and other environmental resources when they are dumped in trash bins (and eventually landfilled or incinerated) or poured down sinks or toilets. In addition, improper disposal may cause serious injury to waste handlers and endangers household residents. The Nashua Regional Solid Waste District, of which Milford is a member, sponsors Household Hazardous Waste Collection Days with assistance from local volunteers, the NRPC, and area businesses. A permanent location for accepting Household Hazardous Waste has been established in Nashua. Substances collected included pesticides, herbicides, oil- and lead-based paints, cleaners and solvents, insect and rodent killers, automobile chemicals, and asbestos. Additional information about household hazardous wastes and HHW collection days is available from the Nashua Regional Planning Commission.
Wetlands
Federal: The discharge of dredge material and fill in wetlands is regulated by the US Army Corps of Engineers with EPA oversight, under Section 404 of the Clean Water Act. The US Army Corps of Engineers issues permits for dredge and fill, considering factors such as economics, historical values, flood damage, recreation, water supply, water quality, energy needs, and food production.
Exempted activities include normal farming, silviculture, and ranching; creation of farm ponds, irrigation ditches, and drainage ditches; construction of farm, forest, or temporary mining roads; and maintenance of "currently serviceable" structures such as dikes, dams, levees, bridges, and causeways. The US ACE may issue permits that are more restrictive than state or local requirements but will not issue a permit for a project where a state or local permit has been denied.
State: Wetlands are regulated by the DES Wetlands Bureau, (RSA 482-A) and the DES Site Specific Program both in the Water Division of the Department of Environmental Services. Dredge, fill, and structures in wetlands and surface waters must be issued permits jointly by the two bureaus.
The Wetlands Bureau has jurisdiction over the same areas as the US ACE, but it regulates a broader range of activities and has few statutory exemptions. The Bureau regulates excavation, removal, filling, dredging or construction of any structures in or on any bank, flat, marsh, or swamp in or adjacent to waters of the State. Review is based on the value of wetlands for nutrient sources, habitat and breeding areas, commerce, recreation, aesthetic enjoyment, groundwater, and siltation control.
The DES Site Specific Program is concerned primarily with impacts on water quality during a proposed activity or from run-off. It regulates dredging, excavating, mining, filling, transporting forest products, or undertaking construction in or on the border of surface waters of the State, or altering the characteristic of the terrain. A permit may be granted, granted with provisions, or denied.
New Hampshire RSA 482-A authorizes conservation commissions to participate in the Wetlands Bureau permit process. For Standard Dredge and Fill permit applications, Conservation Commissions may write to the Wetlands Bureau within fourteen days of notice of a proposed project, in which case the Commission is allowed forty days, after the permit was filed, to submit a report which must be considered by the Wetlands Bureau before any final decision is made. For Minimum Impact Expedited applications and Permit by Notification forms, the applicant is required to obtain the signature of the Conservation Commission waiving its right to intervene before submitting the application. Milford incorporates provisions for conservation commission participation in the Wetlands Conservation and the Open Space Conservation and Zoning overlay districts of the Zoning Ordinance.
Wildlife
State: New Hampshire prohibits the taking, possession, transportation, and sale of any endangered or threatened species of fauna and flora.
The Fish and Game Department is responsible for endangered and threatened fauna, including "any mammal, fish, bird, amphibian, reptile, mollusk, arthropod or other invertebrate" (RSA 212-A, Endangered Species Conservation Act.) The statute requires adoption of a list of endangered and threatened species and the development of conservation programs for those species. Some conservation programs in the state are conducted by the Audubon Society of NH under contract with the Department of Fish and Game.
The NH Natural Heritage Bureau within the Department of Resources and Economic Development (DRED) is responsible for endangered and threatened plants (RSA 217-A.). DRED maintains a list of endangered and threatened species and conducts programs through its Natural Heritage Program.

Invasive Species:
State: Chapter Agr 3800 of the Code of Administrative Rules regulates invasive species. Agr 3801.01 No person shall knowingly collect, transport, sell, distribute, propagate or transplant any plant species or insect species, listed in Table 3800.1, "New Hampshire Prohibited Invasive Species List":.

The rules were established to prevent and control the spread of invasive plant, insect, and fungal species; to minimize the adverse environmental and economic effects invasive species cause to agriculture, forests, wetlands, wildlife, and other natural resources of the state; and to protect the public from potential health problems attributed to certain invasive species.

CHAPTER AGR 3800 OF THE CODE OF ADMINISTRATIVE RULES

Table 3800 1. New Hampshire Prohibited Invasive Species List

Scientific Name	Common Name

Plants
Ailanthus altissima	tree of heaven
Alliaria petiolata	garlic mustard
Berberis vulgaris	European barberry
Celastrus orbiculatus	Oriental bittersweet
Cynanchum nigrum	black swallow-wort
Cynanchum rossicum	pale swallow-wort
Elaeagnus umbellata	autumn olive
Heracleum mantegazzianum	giant hogweed
Iris pseudacorus	water-flag
Ligustrum obtusifolium	blunt-leaved privet
Lonicera bella	showy bush honeysuckle
Lonicera japonica	Japanese honeysuckle
Lonicera morrowii	Morrow's honeysuckle
Lonicera tatarica	Tatarian honeysuckle
Polygonum cuspidatum	Japanese knotweed
Rhamnus cathartica	common buckthorn
Rhamnus frangula	glossy buckthorn
Rosa multiflora	multiflora rose

Insects
Acarapis woodi	honeybee tracheal mite
Adelges tsugae	hemlock woolly adelgid
Aeolesthes sarta	city longhorn beetle
Anoplophora glabripennis	Asian longhorned beetle
Callidiellum rufipenne	cedar longhorned beetle
Dendrolimus sibiricus	Siberian silk moth
Hylurgus lingniperda	redhaired bark beetle
Ips typographus	European spruce bark beetle
Lymantria dispar	Asian gypsy moth
Popillia japonica	Japanese beetle
Pyrrhalta viburni	viburnum leaf beetle
Rhizotrogus majalis	European chafer
Symantria monacha	nun moth
Tetropium fuscum	brown spruce longhorned beetle
Varroa destructor	varroa mite

(b) As of January 1, 2007, the following species, listed by scientific name in the New Hampshire prohibited invasive species list in Table 3800.2, shall be prohibited:

Scientific Name	Common Name
Plants
Acer platanoides	Norway maple
Berberis thunbergii	Japanese barberry
Euonymus alatus	Burning bush

Aquatic Invasives are regulated under RSA 487 and CHAPTER Env-Ws 1300 of the environmental Rules.

487:16-a Exotic Aquatic Weed Prohibition. - No exotic aquatic weeds shall be offered for sale, distributed, sold, imported, purchased, propagated, transported, or introduced in the state.

As of January 1, 1998, the sale, distribution, importation, purchase, propagation, transportation, or introduction into the state of exotic aquatic weeds is prohibited per (RSA 487:16-a). This new law was designed to act as a tool for lake managers to help prevent the spread of nuisance aquatic weeds. It is hoped that by preventing their transport over land, their spread between lakes will be stopped.

Prohibited Exotic Aquatic Species In New Hampshire:

Scientific Name	Common Name
Myriophyllum heterophyllum	variable milfoil
Myriophyllum spicatum	Eurasian milfoil
Cabomba caroliniana	fanwort
Hydrilla	verticillata
Trapa natans	water chestnut
Myriophyllum aquaticum	parrot feather
Potamogeton crispus	curly leaf pondweed
Lythrum salicaria, L. virgatum, L. alatum	purple loosestrife
Phyragmites australis or P. communis	common reed
Egeria densa	brazilian elodea
Hydrocharis morsus-ranae	frogbit
Butomus umbellatus	flowering rush
Najas minor	European naiad
Nymphoides peltata	yellow floating heart

There are currently 30 waterbodies in the state with known exotic weed infestations. Milfoil and fanwort have been spreading between New Hampshire's waterbodies since the late 1960s. It's believed that these plants first entered the state's waterbodies from a discarded home aquarium. From there, these nuisance weeds have spread to other lakes in the state. The other weeds listed here have become nuisance species in other states, and may find New Hampshire's waters adequate for infestation.

Exotic plants are known to take over the systems to which they are introduced. They cause a decrease in aesthetic value, recreational value, and monetary value of New Hampshire's waterbodies. In addition, they irreversibly alter the natural native ecology of New Hampshire's waterbodies.
Source : NHDES Fact sheet BB-40 - Lake Biology:

LOCAL CONSERVATION TECHNIQUES

This section contains a more detailed description of techniques mentioned in Chapter II, which can be used by local governments for conservation purposes. The section describes land use controls, taxation and spending programs, and land acquisition methods.

Local Land Use Controls
1. Traditional Zoning
  Conventional zoning establishes land use districts in which some uses are permitted as of right, some uses are prohibited, and some uses are allowed under certain conditions. In addition, each district generally has other requirements regarding lot size, frontage, setbacks, and building size.
  Conventional zoning is sometimes used to protect water resources and other natural resources. Conventional zoning districts have been used effectively to protect watersheds of surface water supplies, lakeshore areas, and buffer regions surrounding groundwater wells. These districts are less appropriate for protecting natural resources such as wetlands, that are scattered throughout the town and cannot be easily and accurately depicted on a zoning map.
2. Environmental Overlay Districts
  Overlay districts are an effective and relatively simple way of protecting important natural resources that are scattered in many small areas throughout the town or are difficult to delineate with great precision on a zoning map. A separate overlay district and associated requirements can be drawn up for each type of significant natural resource. Overlay districts have been used to protect floodways and floodplains, wetlands, steep slopes, aquifers, rivers, streams, ponds, and lakes. Development on any given land parcel must comply with the requirements of the underlying land use district as well as the requirements of each overlay district that has been superimposed. Thus, a combination of restrictions tailored to particular environmental characteristics is applied to each property.
3. Local Historic Districts
  The term "historic district" can refer either to a locally designated historic district or, as has been previously discussed, to a National Register Historic District. An historic area may be both a locally designated historic district and a National Register District. The concept of historic districts exemplifies the growing recognition that protection must be provided to structures as part of the total environment. RSA 674:46) authorizes creation of an historic district commission designated by town meeting vote. After the required public notices and hearings, a local historic district may be established by a majority vote at town meeting.
  An historic district is characterized by a grouping of structures and/or sites, which physically and spatially comprise a specific environment. Buildings may represent a cross section of ages and styles but should be unified by past events or by plan or physical development. An historic district's boundaries must be carefully considered so that they are not arbitrary or capricious. After preparing an appropriate ordinance, the Historic District commission is given authority to consider the appropriateness of any proposed construction, exterior changes or demolition of any structure within the district. It is important to emphasize that historic district commissions control non-contributing structures as well as new construction within a district. Historic district ordinances take on varying degrees of strictness, and may specify the use of land, the appearance or aspect of structures, or both.
  A heritage commission may be established under RSA 674:44a and may be empowered to administer historic district regulations town- wide. (RSA 674:46) A heritage commission's powers parallel those of a conservation commission, but its responsibility is the cultural, rather than the natural resources of the town.
4. Performance Zoning
  Performance standards zoning regulates the impact of a development (e.g., in terms of traffic, noise, water quality), unlike conventional zoning which focuses on the type of land use (e.g., residential, commercial, industrial). Performance standards are most commonly used in combination with conventional zoning, and may vary by district.
  Performance zoning can provide greater flexibility and design variety than conventional zoning while assuring that development projects are economically and environmentally sound. For performance standards to be effective, however, local planners must have sufficient time and expertise to evaluate detailed impact analyses. Generally, it is a good idea to require a performance bond large enough to ensure that the user of the property lives up to his or her promises. Damage to vegetation, contamination of water supplies, and alteration of topography are difficult or impossible to correct after the fact.
5. Cluster and Planned Unit Development
  Cluster development and planned unit development (PUD) can accomplish environmental protection and open space preservation goals by allowing a certain degree of flexibility in site design. Cluster development is usually entirely residential, whereas PUDs often combine a mixture of residential, commercial, and other uses.
  These techniques require more development review time than traditional development regulations, but they provide several important advantages that make them worthwhile: (1) facilities can be sited to avoid impacting the most environmentally sensitive areas of the land, (2) non-built areas can be concentrated to provide a large area of open space for use by all residents and/or patrons of the development, (3) concentration of buildings and preservation of buffer areas can minimize negative visual impacts on the community.

Taxation/Spending

Current Use Assessment

Some property owners in town wishing to keep their land undeveloped may be prevented from doing so by the pressure of property taxes assessed at the land's "highest and best" use. These property owners may be encouraged to apply to the current use assessment program.

Authorized by RSA 79-A, the current use assessment regulation provides an economic incentive to landowners who do not develop their property. The program, administered by the NH Department of Revenue Administration, is designed to "prevent the loss of open space due to property taxation at values incompatible with open space usage" (RSA 79 A:1). Parcels of farm, forest and unproductive land of ten acres or more; wetlands of any size; and farmland generating at least $2,500 annual gross income are eligible for reduced property assessments under the program.

Local officials must assess any property in the program at the level prescribed by the Current Use Board. In exchange for the reduced assessment, owners agree to pay a penalty (or land use change tax) equal to ten percent of the fair market value of the property if the property no longer qualifies for current use. Table 1 represents Current Use acreage over time. It represents an increase of more than 3300 acres assessed at current use rates in 1988.

TABLE 1: CURRENT USE ACREAGE

YEAR	1988	1993	2003
Forest Land		5352 acres	5776 acres
Farmland		1074 acres	847 acres
Unproductive		263 acres	345 acres
Total	3578acres	6689 acres	6968 acres

Capital Programming
A well considered capital improvements program is an important part of any conservation management plan. It allows for coordination of the goals of municipal departments responsible for water, sewer, schools, public safety and other public services and the town's conservation goals. Furthermore, it allows proposed capital expenditures for open space lands, development rights, and parklands and associated recreational facilities to be compared with the community's other facility needs. When conservation projects are explicitly considered in relation to other proposed projects, the town's priorities can be identified. Conservation projects are less apt to be "lost in the shuffle."
Finally, although the community will always want to become aware of conservation opportunities that arise unexpectedly, a capital improvements program allows some conservation expenditures to be anticipated. Costs can be spread over a number of years, stabilizing the tax rate.
Urban and Rural Service Areas
Urban and rural service areas provide a way of limiting the adverse environmental impacts of development in outlying areas of a town. Urban and rural areas are delineated based on the availability of municipal services, and different land use regulations are applied to each. The most intensive land uses, such as moderate and high density housing and most commercial and industrial uses, are restricted to areas served by municipal water, sewer, and other services. Less intensive uses, which can be supported by private water wells and/or septic disposal systems without causing significant environmental damage, are permitted in the rural service areas. The urban service area can be expanded as the community grows and is able to extend municipal services.

Land Acquisition
1. Donation
  Accepting donations of land for conservation purposes is an inexpensive and relatively simple method of conserving a town's natural resources. The donor may be eligible for federal income tax deductions and is assured of long-term conservation of the land. Conservation commissions "may receive gifts of money and property, both real and personal, in the name of the city or town, subject to the approval of the local governing body, such gifts to be managed and controlled by the commission for the purposes of this section….."(RSA 36-A:4 Powers) Land can also be donated to other non-profit conservation organizations or government agencies that are qualified recipients of tax deductible contributions.
  When land is donated "outright," full title is immediately transferred to the donee; the donor can claim a charitable gift deduction, which is usually based on the fair market value of the land. When land is donated "by devise or bequest," title is transferred after the donor dies. The donor's estate is reduced by the value of the land, and the estate taxes are reduced accordingly. Donation of a "remainder interest" with a reserved life estate offers a tax advantage less than with an outright donation and more than a donation by bequest. The donor gives the property to an appropriate organization but reserves the right for designated persons to use and reside on the property for their lifetimes. The tax deduction is based on the value of the "remainder," or the current market value less the value of lifetime use and residency.
2. Donation for Resale
  Landowners may receive charitable gift tax deductions for donations of land having little conservation value if they authorize the town to sell the property and use the income for other land acquisition projects. The town may sell the land with or without conservation restrictions, but must first obtain town meeting approval to dispose of the land.
3. Acquisition By Tax Default
  Towns often acquire and sell at public auction lands on which taxes have not been paid. Tax sale, authorized by RSA 80, "shall be of so much of the estate holden as will pay the taxes and incidental charges." During the two-year period after sale, the land may be redeemed by paying the amount for which the land was sold and interest and incidental charges. The town may retain lands acquired by a Town by tax default for public purposes, including conservation, if the action is approved by town meeting vote.
  This method of acquisition is virtually cost free for the town, but it requires that the town identify, before they are sold, properties having significant conservation value. The conservation commission may be authorized by town meeting vote to review parcels before sale and make recommendations about retaining them. Once a valuable parcel is identified, a town meeting vote authorizing the town to retain it and the conservation commission to manage it is required.
4. Conservation Easements
  Conservation easements (sometimes called "restrictions" or "purchase of development rights") may be given or sold under the authorization of RSA 477:45-47. With a conservation easement, the owner retains ownership and control and at the same time provides for perpetual protection of his or her land. Terms of the easement can be designed to fit the particular property and situation. Enforceable by the receiving organization, the terms bind all future owners of the property. Conservation easements generally do not change the use of a property. Rather, they are designed to encourage good land management practices and prevent incompatible development on the property. It should be noted that a conservation easement must satisfy criteria established by the IRS in order to be considered a charitable gift for tax purposes.
  Conservation Easements lower property taxes but no lower than current use rates.
5. Discretionary Easements
  Land suitable for conservation which does not meet criteria of the current use assessment program may be protected by discretionary easements as authorized by RSA 79-C. A discretionary easement may be granted only if it provides one or more of the benefits listed in RSA 79-C:3 and is approved by the selectmen. Discretionary easements do not provide for permanent conservation of land. They are valid for specified periods of time after which development of the property carries no penalty. Furthermore, landowners may be released from the easement in cases of extreme personal hardship. The penalty for such a release during the first half of the term is 20 percent of fair market value and, during the second half of the term, 5 percent.
6. Preservation Easements
  A preservation easement is an agreement between an historic property owner and a government agency or preservation organization, which gives the latter the right to review any proposed changes to the structure.
  In return for giving an easement, a property owner may be eligible to make a deduction from his taxes. Two major types of preservation easements have been used in the past. The first kind is an exterior facade easement, which may include air rights, exterior maintenance, alterations, and so on. The second kind is for the interior of an historic structure. This type of easement is rarely used, for it is often difficult to enforce and also difficult to acquire. An interior easement may restrict all or part of an interior.
7. Right-of-Way Agreement
  Right-of-way agreements are appropriate where public access to only a portion of a property is desired. For example, the conservation commission may want access to strips of land on several properties to complete a trail system. A right-of-way agreement provides legal permission for the public to cross a property. Such an agreement may be sold or donated by the landowner and is usually limited to a designated period of time.
8. Mutual Covenants
  A group of property owners may enter into a mutual covenant that restricts development to protect natural resources. For example, lake shore residents may, as a group, choose to prohibit construction within 300 feet of the shoreline to preserve scenic view and wildlife. Mutual covenants are enforceable only by participating landowners and their heirs and successors. The agreements are not necessarily permanent. Covenants may be nullified if a court determines that the original conditions have changed.
  Mutual covenants are appropriate when there are several properties in close proximity whose owners are concerned about resource conservation. They are an especially useful tool where the natural resources are locally valued but are not significant enough to warrant conservation easements at the expense of the larger public.
9. Historic Preservation Covenants
  An historic preservation covenant is a contractual agreement where the owner agrees to maintain the historic and architectural character of his home. A covenant can either be in the form of an affirmative provision or a negative provision. An affirmative provision requires the owner of an historic structure to provide for certain upkeep of the exterior appearance of his home. A negative provision, or a restrictive covenant, contracts the owner to abstain from changes to his historic building that would alter its historic or architectural integrity. The right to enforce a covenant is normally granted to a preservation agency. The general difference between easements and covenants is that easements are considered to be an interest in real estate, whereas covenants are only a contractual obligation. Under certain circumstances, however, covenants become binding upon future owners as well, thus blurring the difference between the two.
10. Deed Restrictions
  An individual landowner may choose to attach deed restrictions to his or her property prohibiting certain types of development. The restrictions "go with" the property upon sale, binding any subsequent owner. Restrictions apply in perpetuity. As with mutual covenants, however, deed restrictions may be nullified if a court finds that conditions have changed.
11. Options and Rights of First Refusal
  Options And Rights Of First Refusal allow the town planner, conservation commission, or other organization time to obtain funds at an upcoming town meeting or from other sources. A right of first refusal is less specific about price. It guarantees the town the right to purchase the land for a price equal to a bona fide offer from another party. These mechanisms are appropriate for key parcels threatened by immediate development or parcels for which no definite development plans exist, but which would represent significant resource loss should development occur.
12. Purchase Of Land At Full Or Bargain Price
  Purchase of land offers allows a conservation commission or government entity to exercise the highest degree of control over conservation land. Purchase of land, however, is costly and requires continuing administration and management by the purchasing body. Land purchase in a "bargain sale," or for less than full market value, is more financially feasible for conservation organizations and offers tax advantages to the seller. The seller is eligible for a charitable income tax deduction equivalent to the full market value of the land less the selling price.
  Conservation commissions "may receive gifts of money and property, both real and personal, in the name of the city or town, subject to the approval of the local governing body, such gifts to be managed and controlled by the commission for the purposes of this section. Said commission may acquire in the name of the town or city, subject to the approval of the local governing body, by gift, purchase, grant, bequest, devise, lease, or otherwise, the fee in such land or water rights, or any lesser interest, development right, easement, covenant, or other contractual right including conveyances with conditions, limitations or reversions, as may be necessary to acquire, maintain, improve, protect, or limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within their city or town, and shall manage and control the same, but the city or town or commission shall not have the right to condemn property for these purposes." (RSA 36-A:4 Powers)
  To ensure that property acquired for conservation purposes is used as intended, the conservation commission may want to include a reverter clause in the deed. With such a provision, ownership of the land reverts to another party if the property is used for other than conservation purposes. The clause could provide that ownership revert to the original owner or some willing conservation organization authorized to own property If such a reverter is included, the organization to which the land will revert must agree by signing the deed. As part of the acquisition process an easement can be placed on the property and granted to an organization such as the Souhegan Valley Land Trust, who will ensure conservation of the land in perpetuity.

FUNDING PROGRAMS
Federal: The Land and Water Conservation Fund is a federal fund administered in New Hampshire by the Division of Parks and Recreation in the Department of Resources and Economic Development. It is authorized for use specifically for recreation and conservation purposes. The fund awards grants to municipalities, school districts, or states for up to 50% of the appraised fair market value of lands acquired and recreation facilities acquired or constructed. The remaining portion of the cost must be raised, appropriated, or donated locally. Applications meeting program criteria are ranked according to recreation priority and local funding, and projects are selected accordingly.
The Pittman-Robertson Act, Dingell-Johnson Act and Wallop-Breaux Act authorize funding for land acquisition which is administered in New Hampshire by the Fish and Game Department. These funds pay 75% of the appraised fair market value of land purchased by the Department for wildlife protection, game or fish management, and access to public waters. Land acquired with these funds remains under state ownership.
Local: Conservation Commissions are allowed to receive municipal appropriations and private donations for the purpose of acquiring conservation lands or easements. One source of funds that should be considered for this use is the charge for removing a property from current use assessment. Under RSA 79-A:25 a town may choose, by a majority Town Meeting vote, to place all or part of the land use change tax revenue in a conservation fund.
Private: The Souhegan Valley Land Trust has been involved in the acquisition of property and development rights in a number of Souhegan River valley towns. The Trust is a private organization that helps arrange financing when opportunities to conserve significant parcels of land arise.
Other organizations that may be able to accept donations of land and easements or help municipalities raise funds for acquisition of conservation lands and easements include the Audubon Society, The Society for Protection of New Hampshire Forests, the Trust for Public Lands, and the Nature Conservancy.

Conservation Plan
Chapter 1 | Chapter 2 | Chapter 4