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New Hampshire State Land Right-of-Way (3-NH-b)

In New Hampshire, a developer may need to obtain approval from the appropriate state land management agency and the New Hampshire Council on Resources and Development (“CORD”); New Hampshire Long-Range Capital Planning and Utilization Committee; and the New Hampshire Governor and Executive Council to purchase or lease state land for the purposes of developing a bulk transmission project. State land approvals are assessed as part of the surplus land review process pursuant to: N.H. Rev. Stat. § 4:40 .


State Land Right-of-Way Process

3-NH-b.1 – Contact State Land Management Agency with Jurisdiction over the Land

The developer should contact the appropriate state land management agency with jurisdiction over the land to determine if the land is “surplus” or available for development.

3-NH-b.2 to 3-NH-b.3 – Make Independent Determination on Status of Land

The state land management agency must independently determine that land is “surplus to its operation needs and interest” in order for the land to be available for purchase or lease for a proposed project. Surplus Land Flowchart. A project developer must also independently “request to purchase or lease state land, or to acquire some other property interest.” Surplus Land Flowchart.

3-NH-b.4 – Does the State Land Management Agency Determine that the Land is Surplus?

If the state land management agency determines that the land is not surplus and not open to the proposed purchase or lease, then the state land management agency retains ownership or control of the land. Surplus Land Flowchart.

3-NH-b.5 – Surplus Land Request

The state agency with jurisdiction over the land must submit three copies of a Surplus Land Request (“Request”) package with the New Hampshire Office of Strategic Initiatives (“OSI”), if the state land management agency determines that the land is surplus and open to purchase or lease. A complete Request package contains, at minimum:

  • A complete Request Form clearly explaining the nature of the request and intended use of the property;
  • Accompanying maps, and photographs; and
  • A cover letter addressed to the OSI Director and CORD Chair.

Surplus Land Review Webpage.

3-NH-b.6 – Request Administrative Fee (If Applicable)

The state land management agency requests an administrative fee of at least $1,100 from the developer to carry out the Surplus Land Request review process. N.H. Rev. Stat. § 4:40. The Long-Range Capital Planning Utilization Committee may elect to approve, reduce, or waive the administrative fee at its discretion. N.H. Rev. Stat. § 4:40.

3-NH-b.7 to 3-NH-b.12 – Was the Land Originally Acquired by the State Using Turnpike or Highway Funds?

If the land was originally acquired by the state using turnpike or highway funds; or if the land is part of the state hospital complex in Concord, New Hampshire then the New Hampshire Lakes and Rivers Management Advisory Committee (LRAC) reviews the Request for technical and administrative completeness and assesses the Request for approval. N.H. Rev. Stat. § 483:14 ; N.H. Rev. Stat. § 483-A:5 II ; Surplus Land Flowchart . If the request undergoes LRAC review, proceed to 3-NH-b.23.

3-NH-b.13 to 3-NH-b.14 – Review Request Materials for Completeness

CORD reviews the Request for technical and administrative completeness and circulates the Request to CORD members in advance of CORD meetings to allow for full and timely review. N.H. Rev. Stat. § 4:40; Surplus Land Flowchart; New Hampshire – Surplus Land Review Process . CORD must complete its review of the Request within 30 days of receipt. New Hampshire – Surplus Land Review Process.

3-NH-b.15– Distribute Request Materials to CORD Member Agencies for Review and Comment

Upon receipt and review of the Request, CORD distributes the Request to other state land member agencies for review and comment.

3-NH-b.16 – Notify Impacted Municipalities

Under N.H. Rev. Stat. § 4:40, municipalities and counties have priority to acquire surplus lands. CORD must notify impacted municipalities and/or counties about the Request at the time the Request materials are distributed to CORD member agencies for their review and comment. New Hampshire – Surplus Land Review Process.

3-NH-b.17 – Notify Impacted Regional Planning Commission (If Applicable)

CORD must notify the appropriate regional planning commission and provide an opportunity for comment on the Request. New Hampshire – Surplus Land Review Process.

3-NH-b.18 – Forward Request to Applicable Committees for Review

Before CORD recommends state lands for disposal, CORD must facilitate additional Committee review. The Rivers Management Advisory Committee and Lakes Management Advisory Committee must review the Request and provide recommendations prior to CORD issuing a decision on the Request. N.H. Rev. Stat. §483:8; Surplus Land Flowchart. Generally, CORD also requests that the Public Waters Access Board reviews and provides recommendation on the Request. Surplus Land Flowchart ; New Hampshire – Surplus Land Review Process.

3-NH-b.19 to 3-NH-b.21 – Assess Request for Approval

After the appropriate committees review and make recommendations on the Request, CORD makes its recommendation on the Request regarding whether the land is surplus and no longer needed by the State. New Hampshire – Surplus Land Review Process.

3-NH-b.22 – Submit Recommendation to the Long-Range Capital Planning and Utilization Committee

If CORD recommends that the land is no longer needed by the State, then CORD submits the Request to the Long-Range Capital Planning and Utilization Committee (“LCPUC”) for review and recommendation. N.H. Rev. Stat. § 4:40; N.H. Rev. Stat. 17-M:2 ; New Hampshire – Surplus Land Review Process.

3-NH-b.23 to 3-NH-b.24 –Recommendation on Surplus Land Request

The LCPUC makes a recommendation on the Request regarding whether the land is surplus and no longer needed by the State. New Hampshire – Surplus Land Review Process.

3-NH-b.26 to 3-NH-b.27 – Submit Recommendation to the Governor and Executive Council

If the LCPUC approves the Request, then the LCPUC submits the Request to the Governor and Executive Council (“Council”) for approval. New Hampshire – Surplus Land Review Process. The Governor and the Council then review the Request for approval.

3-NH-b.28 to 3-NH-b.29 – Offer Surplus Land to the Appropriate Local Government

Upon the Governor and Council’s approval of the Request, the Governor and Council must offer the land to the town, city, or county where the land is situated. N.H. Rev. Stat. § 4:40. If the town, city, or county refuses the offer, the Governor and Council may then sell, convey, transfer, or lease the real property.

3-NH-b.30 to 3-NH-b.31 – Negotiate Land Lease

If the appropriate local government elects to purchase the surplus land, the municipality must first offer the property to the state at the market value of the time of sale. N.H. Rev. Stat. § 4:40. If the state does not repurchase the land, the developer may purchase or lease land from the purchasing municipality. N.H. Rev. Stat. § 4:40.

If the Governor and Council retain control over the land, the developer may enter into an agreement to purchase or lease the land. N.H. Rev. Stat. § 4:40. If the developer elects to purchase the land, the developer may not purchase the land for less than market value. N.H. Rev. Stat. § 4:40.


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