New Hampshire

Recreational Use/Recreational Trespass Laws

N.H. Rev. Stat. 212:34

§ 212:34 Duty of Care

I. An owner, lessee or occupant of premises owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, trapping, camping, horseback riding, water sports, winter sports, snowmobiling, or OHRVs as defined in RSA 215-A, hiking, sightseeing, or removal of fuel wood, or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purposes, except as provided in paragraph III hereof.

II. An owner, lessee or occupant of premises who gives permission to another to hunt, fish, trap, camp, ride horseback, hike, use snowmobiles as defined in RSA 215-C, use OHRVs as defined in RSA 215-A, sightsee upon, or remove fuel wood from, such premises, or use said premises for water sports, or winter sports does not thereby:

(a) Extend any assurance that the premises are safe for such purpose, or

(b) Constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed, or

(c) Assume responsibility for or incur liability for an injury to person or property caused by any act of such person to whom permission has been granted except as provided in paragraph III hereof.

III. This section does not limit the liability which otherwise exists:

(a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or

(b) For injury suffered in any case where permission to hunt, fish, trap, camp, ride horseback, hike, use for water sports, winter sports, use of snowmobiles as defined in RSA 215-C, or use of OHRVs as defined in RSA 215-A, sightsee, or remove fuel wood was granted for a consideration other than the consideration, if any, paid to said landowner by the state; or

(c) The injury caused by acts of persons to whom permission to hunt, fish, trap, camp, ride horseback, hike, use for water sports, winter sports, use of snowmobiles as defined in RSA 215-C, or use of OHRVs as defined in RSA 215-A, sightsee, or remove fuel wood was granted, to third persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

IV. Except as provided in paragraph III, a person using the premises as provided in paragraph I or given permission as provided in paragraph II, shall not maintain an action against the owner, occupant, or lessee of the premises for any injury which resulted while on the premises.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

In New Hampshire Open Space is defined broadly to include "Farm Land", "Forest Land", and "Unproductive Land."

Current Use Taxation for open-space land: 

Statute: N.H. Rev. Stat. § 79-A:5, N.H. Rev. Stat. § 79-A:1 to A:14 N.H. Rev. Stat. § 79-A:5, see also N.H. Rev. Stat. § 79-A:1.

Purpose of Assessment: To encourage preservation of open space land. N.H. Rev. Stat. § 79-A:1.

Method of Assessment: Assessed per acre based upon the income-producing capability of the land in its current use solely for growing forest or agricultural crops. This valuation shall be determined by the assessor in accordance with the range of current use values established by the board and in accordance with the class, type, grade and location of land. N.H. Rev. Stat. Ann. § 79-A:2 (V) and N.H. Rev. Stat. § 79-A:5.

Eligibility Requirements

Application: Burden on landowner to apply to town office by April 15 using form approved by Current Use Advisory Board (Form A-10). N.H. Rev. Stat. § 79-A:3.

Renewal: Unclear, but language might be construed to require owner to apply each year -“Prior to July 1 each year, the assessing officials shall determine if previously classified lands have been reapplied or have undergone a change in use so that the land use change tax may be levied against lands changed in use, according to RSA 79-A:7.” - N.H. Rev. Stat. § 79-A:5.

Area Requirements: Not specifically set in statute, however the Board has the power to set minimum acreage at 10 acres each year through rulemaking, and it appears that for open space land, the Board usually sets this requirement. N.H. Rev. Stat. § 79-A:4 (I).

Plan Requirements: N/A

Penalty: A "Land Use Change" tax will be assessed at the rate of 10 percent of the full and true value determined without regard to the current use value of the land which is subject to a non-qualifying use or any equalized value factor used by the municipality or the county in the case of unincorporated towns or unorganized places in which the land is located.

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Tax incentive specifically for providing access: 

Statute: N.H. Rev. Stat. § 79-A:4 (II). Powers and Duties of Board; Rulemaking.

Purpose of Assessment: Reducing the current use value of land open to recreational use 12 months a year.

Method of Assessment: The board shall reduce by 20% the current use value of land which is open 12 months a year to public recreational use, without entrance fee, and which also qualifies for current use assessment under an open space category.

Eligibility Requirements

Application: Burden on landowner to apply to town office by April 15 using form approved by Current Use Advisory Board (Form A-10). The application includes a section to apply for the 20% reduction for recreational access land. N.H. Rev. Stat. § 79-A:3.

Renewal: Unclear, but language might be construed to require owner to apply each year – “Prior to July 1 each year, the assessing officials shall determine if previously classified lands have been reapplied or have undergone a change in use so that the land use change tax may be levied against lands changed in use, according to RSA 79-A:7.” - N.H. Rev. Stat. § 79-A:5.

Area Requirements: Not specifically set in statute, however the Board has the power to set minimum acreage at 10 acres each year through rulemaking, and it appears that for open space land, the Board usually does set this requirement. N.H. Rev. Stat. § 79-A:4 (I).

Plan Requirements: N/A

Unique or Functional Characteristics

There shall be no prohibition of skiing, snowshoeing, fishing, hunting, hiking or nature observation on such open space land, unless these activities would be detrimental to a specific agricultural or forest crop or activity. N.H. Rev. Stat. § 79-A:4 (II).

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Tax Incentive when land is subject to Conservation Easement: 

Statute: 79-B:3 Assessment of Open Space Land Subject to Conservation Restriction.

Valuation: The selectmen or assessing officials shall assess restricted land for general property tax purposes at values based upon permanent restrictions, and in no case greater than those determined to be the fair market value for open space land determined by the board.

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Income Tax: 

New Hampshire provides no tax credits for the donation of land or conservation easements.

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Hunter Access Program: 

Name of Program: Landowner Relations Program

Number of Acres Enrolled: Unknown

The program helps landowners to address the issues they face in keeping their land open, provides outreach to landowners (including information on protection from liability.) Conservation benefits are not recorded.

For additional information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

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Case Law

Collins v. Martella, 1994, 17 F.3d 1

-The New Hampshire recreational use statutes do not contain any language suggesting a requirement that the land at issue must be either undeveloped or open to the general public

Kantner v. Combustion Engineering, 701 F. Supp. 943 (D.N.H. 1988)

-This section limits, but does not eliminate, liability of owners, lessees, and occupants to recreational users, while encouraging increased use of recreational areas without charge to users.
-Where evidence in action seeking damages arising out of drowning deaths indicated that defendants had some ability to limit access to river where drownings occurred, fact that public had a pre-existing right to use river did not preclude application of this section.

Estate of Gordon-Couture v. Brown (2005) 152 N.H. 265, 876 A.2d 196

-The terms “others” and “another” in the recreational use statute providing that landowners who opened up their property for hunting, fishing, trapping, water sports, and other activities owed no duty of care to those who entered the property to engage in such activities means those persons who are members of the general public, and does not extend to persons who are personally invited onto the property by the landowner for private activities.

Kenison v. Dubois (2005) 152 N.H. 448, 879 A.2d 1161

-Non-profit snowmobile club that maintained trail and operator of club's grooming machine were not “occupants” under recreational-use statutes and thus were not immune from liability regarding claim that arose from fatal collision between snowmobiler and machine; club and operator had neither ability nor authority to make land available for recreational purposes, but rather merely had ability and authority to make that land more easily usable than it might otherwise have been.