Can land designated as Recreation, be posted?

xp600

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If a parcel of land is in Current Use, can it be posted?

There's a 220 acre chunk of woods that I have hunted for years which is now posted. I looked it up on the town web site to see if I could find the owner to ask permission. Found out the Use description of the lot is "FOR WP REC". Not knowing what FOR WP REC means, I called the town office for a definition. It means for white pine recreation. Last I checked white pines dont recreate so I dont understand the definition but I learned that the lot is in current use. I asked the lady if it can be in current use and be posted and she didnt know. She will have the town assessor call me back.

Does anybody here know if a parcel of land is in curent use, can it be posted?
 

SportsmanNH

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Look on page 30 for your answer. But something is strange about this " For WP Recreation "
Maybe that is on some kind of forestry plan ? But what I see in the law is the word " Recreation " that means the landowner get an additional 20 percent discount off the tax bill to keep the land open for " Recreation " all 12 months a year for all outdoor activities including hunting . Good luck with it. Post up how you make out asking the land owner for permission.

 

johnrr65

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Look on page 30 for your answer. But something is strange about this " For WP Recreation "
Maybe that is on some kind of forestry plan ? But what I see in the law is the word " Recreation " that means the landowner get an additional 20 percent discount off the tax bill to keep the land open for " Recreation " all 12 months a year for all outdoor activities including hunting . Good luck with it. Post up how you make out asking the land owner for permission.

+1
 

SportsmanNH

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I am a land developer and dealt with current use many times. But it was always about taking the land out of current use. Not about putting it in.
After reading this pdf about the law in its entirety , I find from what you wrote , that this land is being designated as being managed for White Pine , and is also being designated under the " Recreational Tax Discount " . Under this category the land owner can post the land even under the recreational discount. BUT it has to be for the right reasons such as limiting certain recreational activities that would harm the White Pine management plan. Normally the landowner can only post the land for motorized vehicles such as dirt bikes , ATV's , snowmobiles , and cars and trucks which might affect the white pine saplings. Possibly camping also. The recreational activities that the landowner wants to limit also has to be approved by the town authorities. There is no way the landowner can limit all recreational activities by generally posting the land and be awarded the 20 percent tax discount.
The posted signs should also list the activities not allowed. Such as " POSTED Motor vehicles of any kind are prohibited. No Camping allowed "

And they should not look like " POSTED No Trespassing "
 
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benny8

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I am a land developer and dealt with current use many times. But it was always about taking the land out of current use. Not about putting it in.
After reading this pdf about the law in its entirety , I find from what you wrote , that this land is being designated as being managed for White Pine , and is also being designated under the " Recreational Tax Discount " . Under this category the land owner can post the land even under the recreational discount. BUT it has to be for the right reasons such as limiting certain recreational activities that would harm the White Pine management plan. Normally the landowner can only post the land for motorized vehicles such as dirt bikes , ATV's , snowmobiles , and cars and trucks which might affect the white pine saplings. Possibly camping also. The recreational activities that the landowner wants to limit also has to be approved by the town authorities. There is no way the landowner can limit all recreational activities by generally posting the land and be awarded the 20 percent tax discount.
The posted signs should also list the activities not allowed. Such as " POSTED Motor vehicles of any kind are prohibited. No Camping allowed "

And they should not look like " POSTED No Trespassing "
It is against the law to ride an atv, or snowmobile on private land without landowner permission anyway, so why would it have to be posted as such?
 

SportsmanNH

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You have a point Benny . On page 3 paragraph II it lists the uses for the 20 percent tax reduction and it doesn't mention ATV's

But on page 30 it says that the landowner MAY post the land not allowing motorized off road vehicles without affecting the 20 percent discount.

" D. Posting of Current Use Land. Land assessed under current use may be posted. Receiving current use assessment does not require a landowner to open the property to public use.

E. 20% Recreational Adjustment.
If a landowner decides not to post, and opens the property to public use without an entrance fee for 12 months a year, the land is entitled to a 20% reduction in the current use assessment of the acres opened to public recreational use. To receive the 20% recreation adjustment, the landowner must allow all of the following activities: Hunting Skiing Fishing Snowshoeing Hiking Nature Observation If any of these activities are detrimental to a specific agricultural or forest crop, that activity may be prohibited. If the 20% recreational adjustment has been granted, posting to prohibit any activity listed above requires approval of the local assessing officials. See Cub 305.03 for further explanation.

The landowner "may" prohibit trespass upon his property for all other activities, including use of mechanized and off-highway vehicles (such as snowmobiles and three-wheelers), camping, cutting down trees, etc. Posting land to prohibit these activities will not affect the 20% recreation adjustment "
 

xp600

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The posted signs in use are the standard POSTED No Trespassing signs so it seems to me it isnt posted correctly if he is getting the discount. But I dont want to cause a stir with the landowner and the town so I'm just going to knock on his door as they live in town, and simply ask for permission to hunt. If he says no, then I will call the town :p.

Thanks for your feedback.
 


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