Agritourism fastest growing part of state's agriculture scene

GILFORD — Agritourism, the fastest growing part of New Hampshire's agriculture scene today, contributes up to one third of the $935 million in farm revenues in the state according to a recent Plymouth State University study.

Agritourism has been seen as a way to ensure economic viability for New Hampshire's remaining working farms and was outlined by Gov. John Lynch's 2005 New Hampshire Farm Viability Task Force, which called for a comprehensive set of amendments to the New Hampshire agriculture and land use statutes to relax local land use restrictions on farmers and create a uniform set of rules to protect farmers and agricultural lands on a statewide basis.

Those recommendations were adopted in 2007 when the legislature enacted House Bill 56, with the intent to promote the growth of agriculture in the State. As part of House Bill 56, the legislature amended RSA 21:34-a, which defines the word "agriculture" and in doing so defined the word "agritourism."

The statute defines "agritourism" as "attracting visitors to a working farm for the purpose of eating a meal, making overnight stays, enjoyment of the farm environment, education on farm operations, or active involvement in the activity of the farm which is ancillary to the farm operation."

But a state Supreme Court decision earlier this year in the case of a Henniker Christmas tree farm which wanted to host weddings and educational seminars fund that "agritourism" was not included in the definition of "agriculture" under RSA 21:34-a. The court said that the definition of "agriculture" under RSA 21:34-a not only included "operations of a farm," but also encompassed practices "incident to" and "in conjunction with" farming operations.

The decision was cited by the town of Gilford when a cease and desist order was issued by the town's code enforcement officer on August 26 after receiving a complaint from an abutter regarding weddings being held at the Gunstock Hill Road property of Andy and Martina Howe which it was maintained were not agriculture related. Attorney Robert Maher in his advice to the town cited an opinion issued by the N.H. Supreme Court in June of 2015 about a similar operation in Henniker, that said "weddings and like events are not accessory uses" to a farm and that hosting these events in (Henniker) is not a permitted use.

The Howes appealed, maintaining that their use of that property fell within Gilford's definition of agriculture and also said that the order posed a threat to their livelihood and the very idea of agri-tourism events

Earlier this month the town's Zoning Board of Adjustment, by a 3-1 vote, granted the Howes' appeal of the cease and desist order.

Bills are being drafted in the House and Senate that seek more explicit protection for agritourism according to Senator Andrew Hosmer (D-Laconia), who said Sen. David Boutin, R-Hooksett, and Rep. Robert Haefner, R-Hudson, are leading the efforts in their respective chambers.

Hosmer says that he thinks it is important that the Howes be able to offer agritourism events and wants to see legislation which will protect that right while also maintaining the regulatory power of local planning boards.

The Howes own Beans and Greens, which is a family farm and and farm stand that operates from a commercial zone on Intervale Road in what is called the "meadows" portion of Gilford. They raise many of the products sold at the farm stand at Timber Hill Farm, which is located in a single family residential zone and has been the site of so-called farm to table events for the last five years, and more recently the site of weddings which are described as part of an agritourism business of the Howes.

Atty. Patrick Wood, who represents the Howes, maintained at the ZBA hearing that the Henniker ruling doesn't impact Gilford, because the Henniker ordinance ruling uses the state definition of agriculture, while Gilford's ordinance is substantially different and permits accessory uses.

He said that weddings are not the issue as they are farm to table events, just like family and class reunions and as such are part of the permitted marketing and selling of products grown at the farm under the town's definition of agriculture.

Last week they presented a site plan for their Gunstock Hill Road to the town's Planning Department, which tabled it pending a site walk of the property today. The plan envisions construction of a timber-frame barn for hosting events and an irrigation pond and seeks one more summer of use of the current farm-to-table events site.