Section Cub 308.03 - The Land Use Change Tax(a) The land use change tax shall not be assessed until the extent of the change in use becomes determinable.(b) For purposes of this section, one tax year shall be April 1 to March 31.(c) The land use change tax shall be assessed as of the date the development began.(d) If the change in use is not completed within one tax year, the full and true value shall be determined and the land use change tax assessed when the change in use is completed to a point that the municipal assessing officials are satisfied that the development plan, as originally submitted or as subsequently amended, has been complied with, and they are able to determine the number of acres on which the use has changed.(e) If the change in use is not completed within one tax year and extends into 2 or more tax years, the following shall apply:(1) The highest and best use of the property, pursuant to Cub 301.09, shall be established to determine the full and true value of the non-qualifying land;(2) The municipal assessing officials shall determine as of April 1 of the second tax year the portion of land on which betterments or other physical changes have occurred and shall assess the land use change tax on the non-qualifying land; and(3) The municipal assessing officials shall: a. Assess the non-qualifying land at its highest and best use as of April 1 of the second tax year, and each subsequent year thereafter; andb. Assess the remaining qualifying land as current use land.(f) The full and true value for sand and gravel pits, stone quarries, and mines shall be determined and the land use change tax assessed pursuant to Cub 308.02(b), above, as follows: (1) On the portion of land being excavated, at the time the excavation begins; and(2) Based upon the breadth, depth, and scope of the development plan submitted to the local regulator pursuant to RSA 155-E, and as determined by the municipal assessing officials, prior to commencing excavation.(g) If any physical changes are made to the land prior to the issuance of any required local, state, or federal permit or approval, or if such changes otherwise violate any local ordinance, state, or federal law, the municipal assessing officials may:(1) Delay the assessment of the land use change tax until any and all required permits or approvals have been obtained or illegal actions remedied; and(2) Base the land use change tax on the highest and best use of the land at that later time pursuant to RSA 79-A:7, V, (a).(h) The municipal assessing officials shall complete their portion of Form A-5 "Municipality Land Use Change Tax Bill" in accordance with Cub 309.04, and submit it to the tax collector with the Form A-5W "Land Use Change Tax Warrant".(i) The tax collector shall: (1) Complete his or her portion of Form A-5; and(2) Bill the property owner or, pursuant to RSA 79-A:7, II, bill the responsible party.(j) Upon receipt of payment from the property owner, the tax collector shall: (2) Remit the original Form A-5 to the county registry of deeds with the recording fee; and(3) Upon receipt of the recorded Form A-5 from the county registry of deeds, submit a copy to the municipal assessing officials.(k) Upon receipt of payment from the right-of-way responsible party, the tax collector shall:(1) Sign the Form A-5; and(2) Provide a copy of the signed Form A-5 to the municipal assessing officials.N.H. Admin. Code § Cub 308.03
#5343, eff 3-05-92 (See Revision Note at chapter heading for Cub 300); EXPIRED: 3-5-98
New. #6720, eff 3-27-98; ss by #8571, eff 2-18-06 (from Cub 308.02 ); ss by 8825, eff 2-23-07
Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11164, Effective 8/24/2016, Expires 2/20/2017.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12857-B, Effective 8/23/2019, Expires 8/23/2029.