Warrant Article 33:

To see if the town will vote in accordance with RSA 79-A:25 to keep the percentage of the land use change tax deposited in the Conservation Fund at 100%. If adopted this article will take effect April 1, 2008, and shall remain in effect until altered or recinded by a future vote of the town meeting. (By request of the Board of Selectmen.)


Warrant Article 33 asks voters to retain 100% of the Land Use Change Tax dedicated to the Conservation Fund. The original article sought to reduce the percentage, but a majority of voters at the SB2 Deliberative Session voted to revise it.

A “YES” vote sends a clear message that voters feel preservation of our natural resources is a high priority in Candia.

What is the Land Use Change Tax (LUCT)?

It is a penalty tax of 10% of the market price assessed when land in “Current Use” is taken out of that designation. This usually happens when land is being sold for development. According to RSA 79-A, which established Current Use, the program is a “means for encouraging preservation of open space…” by lowering the taxes on land that is farmed or left in its natural state. The same RSA also authorizes towns to dedicate all or part of the LUCT to the Conservation Fund, ostensibly as a way to foster preservation of other open space in lieu of that which is lost to development. Keep in mind that any LUCT the town receives is an indication of the amount of open space lost to development that year.

What is “open space?”?

Open space is any land that is left in its natural state. It may be farm fields, pastures, parks or forest. The idea is that such land contains ecosystems, which work together to purify our air and water, grow our forests and provide critical habitat for wildlife. Professional planners at every level advocate preserving land for open space to protect some of those ecosystems as we develop other land for residential, commercial and industrial uses.

Don’t the rest of the taxpayers have to make up for taxes Current Use landowners don’t pay?

This is a misconception. Residences rarely pay enough in taxes to cover the cost of the public education and other town services they use. Studies repeatedly show that land in Current Use pays more in taxes than it uses in town services. Therefore, the tax revenue coming in from land in Current Use actually offsets the shortfalls that residential taxes don’t meet for schools and other town services. Studies show that towns with more open space pay less in taxes.

Why should we dedicate any LUCT to the Conservation Fund?

As noted in the Conservation Commission manual, the purpose of having a Conservation Commission is to advocate for the “proper utilization and protection of the natural resources...” We are the only local body specifically charged with protecting them. We need funds to accomplish our mission, which often entails real estate transactions. The Conservation Fund is designed to provide those funds. Dedicating the LUCT to the fund serves as a way to increase the fund without taxing the general population.

Real estate opportunities require timely action because landowners often can’t wait for the next town vote. The Candia Conservation Commission tries to maintain a balance in the fund sufficient to address these opportunities when they arise.

Isn’t the current balance in the Conservation Fund sufficient?

Real estate transactions are expensive. Roughly one third of the current balance is encumbered by an easement we have agreed to purchase. That reduces the available funds to about $500,000, the balance we try to maintain. We also have a few other projects in the works that could easily deplete the fund. The LUCT averages about $100,000 per year. As long as the Conservation Fund continues to receive it, we don’t have to ask taxpayers to replenish what we use to preserve our natural resources.

Couldn’t the LUCT help reduce taxes if it went into the general fund?

Yes, but it will only reduce your taxes by about 20 cents per thousand, or about $60 per year for a $300,000 residence. The stated intent of the original Warrant Article (seeking to reduce the percent of the LUCT dedicated to the Conservation Fund) is to supply funds for revaluation. If a revaluation fund were established instead, the impact would be roughly 5 cents per thousand each year.