1. (a) Farming on land owned or controlled by the department shall be prohibited unless:

   1. (1) An agricultural lease agreement is approved in advance by the executive director; and
   2. (2) An agricultural lease agreement is approved by the governor and executive council when required by RSA 212:10-b.

2. (b) The executive director shall approve an agricultural lease, at their discretion, when:

   1. (1) The property has previously been or is currently used for agriculture or farming, and:

      1. a. If a WMA is currently used for agriculture or farming when acquired by the department, the executive director is authorized to offer the existing farmer the right of first refusal; or
      2. b. When fields are not offered to or are declined by an existing farmer, the executive director is authorized to solicit proposals from the public, pursuant to paragraph (c) below;
   2. (2) Farming activities shall not adversely impact habitat, ecological resources, or native wildlife; and;
   3. (3) Farming activities shall not restrict public access or public use at any time.

3. (c) To solicit competitive proposals for fields available for farming:

   1. (1) The executive director or designee shall define the boundaries of allowed farming within the WMA; and

   2. (2) Proposals shall be submitted in writing and include the following:

      1. a. Name, address, phone number, and email address, if applicable, of farmer;

      2. b. Proposed 10-year crop rotation plan, including:

         1. 1. Crop types and number of years for each crop, including cover crops, if applicable;
         2. 2. Intended seed brands and varieties to be used, which shall adhere to the department’s IPM policy;
         3. 3. Intended soil amendments and pesticides to be used, if any, and how often they would be applied; and
         4. 4. Intended planting equipment and timing of planting and harvesting. Forage harvests shall adhere to mowing restriction dates as defined in the lease;
      3. c. A list of past contracts or agreements with the department, other state or federal agencies, or private entities, if any, including name and phone number of primary contacts; and
      4. d. The compensation proposed.

4. (d) The executive director shall evaluate proposals to ensure:

   1. (1) Management techniques fulfill the department’s goals and objectives for habitat and species

      management and do not pose significant threats to abutting waterbodies, species of concern, or critical habitats;

   2. (2) Proposed crop type(s) are either a hay crop or a grain crop only;
   3. (3) Previous contracts or agreements, if any, were successfully completed; and
   4. (4) The compensation offered is appropriately relevant to the proposed use and the proposed WMA.
5. (e) Agricultural leases shall not exceed 10 years.
6. (f) Leases shall be renewed solely at the executive director’s discretion considering the requirements in this section and the farmer’s compliance with the terms of the agricultural lease.

7. (g) The executive director shall be authorized to discontinue or reduce farming acreage on a WMA, after notice to the farmer, for projects to support the department’s mission, to include:

   1. (1) River, stream, or wetland buffers;
   2. (2) Habitat restoration;
   3. (3) Protection of threatened and endangered species or species of special concern; or
   4. (4) Public access projects.
8. (h) Agricultural leases shall not be transferred or subleased.
9. (i) Except when expressly permitted by the executive director, any other activities shall be prohibited under an agricultural lease.

Source. #14495, eff 1-27-26, EXPIRES: 1-27-36