CHAPTER 83

HB 252 - FINAL VERSION

22Feb2023... 0186h

05/11/2023   1525s

2023 SESSION

23-0358

08/04

HOUSE BILL 252

AN ACT exempting certain agricultural operations from certain municipal noise ordinances.

SPONSORS: Rep. Comtois, Belk. 7; Rep. Bixby, Straf. 13; Rep. Aron, Sull. 4

COMMITTEE: Environment and Agriculture

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AMENDED ANALYSIS

This bill exempts farming and agricultural operations, excluding agritourism activities, from municipal noise ordinances.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Feb2023... 0186h

05/11/2023   1525s 23-0358

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT exempting certain agricultural operations from certain municipal noise ordinances.

Be it Enacted by the Senate and House of Representatives in General Court convened:

83:1  Purpose and Powers of Towns; Noise Ordinances; Agricultural Activities Exempt.  Amend RSA 31:39, I(n) to read as follows:

(n) Regulating noise, except that no "quiet hours" ordinance or bylaw that attempts to regulate noise from activities related to farms, agriculture, and farming as defined in RSA 21:34-a shall be enforceable within a town.  This exception shall not apply to agritourism as defined in RSA 21:34-a, II(b)(5).

83:2  New Paragraph: Powers of City Councils; Bylaws and Ordinances; Agricultural Activities Exempt.  Amend RSA 47:17 by inserting after paragraph XIX the following new paragraph:

XX.  No "quiet hours" ordinance or bylaw that attempts to regulate noise from activities related to farms, agriculture, and farming as defined in RSA 21:34-a shall be enforceable within a city.  This exception shall not apply to agritourism as defined in RSA 21:34-a, II(b)(5).

83:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: June 20, 2023

Effective Date: August 19, 2023