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Barn Easements

RSA 79-D:2 III “Historic agricultural structure” means a barn or other structure, including the land necessary for the function of the building, currently or formerly used for agricultural purposes and as further defined by the advisory committee established under RSA 227-C:29.

As further defined by the Advisory Committee:

“Historic” shall mean agricultural structures, which are at least 75 years of age. Exceptions may be made for newer structures if they are considered to be of exceptional significance or importance.

An illustrative list of “agricultural structures” which might qualify for a discretionary preservation easement is provided in Attachment 1. Local governing bodies may decide to include other related agricultural structures in accordance with local circumstances.

“Barn” shall mean a building constructed to shelter livestock, equipment, feed, or other farm products. It may be freestanding, or connected to one or more other structures.

Guidelines:

In deciding whether to accept a discretionary preservation easement, RSA 79-D:3 establishes that the local governing body of the municipality shall determine whether the structure provides at least one of the following public benefits:

  1. There is scenic enjoyment of the structure by the general public from a public way or from public waters;
  2. It is historically important on a local, regional, state or national level, either independently or within a historic district; or
  3. The structure’s physical or aesthetic features contribute to the historic or cultural integrity of a property listed on or determined eligible for listing on the National Register of Historic Places, State Register of Historic Places, or locally designed historic district.