Right to Farm

See RSA 21:34-a, Farm, Agriculture, Farming.

See §32 to §35: “Nuisance Liability of Agricultural Operations.” This is New Hampshire's right-to-farm law.

""A private nuisance exists when an activity substantially and unreasonably interferes with the use and enjoyment of another's property." To constitute a nuisance, the defendants' activities must cause harm that exceeds the customary interferences with land that a land user suffers in an organized society, and be an appreciable and tangible interference with a property interest. "In determining whether an act interfering with the use and enjoyment is so unreasonable and substantial as to amount to a nuisance and warrant an injunction, a court must balance the gravity of the harm to the plaintiff against the utility of the defendant's conduct, both to himself and to the community." It is the plaintiffs' burden to prove the existence of a nuisance by a preponderance of the evidence.""

"The established common law rule [is] that a land owner is under no affirmative duty to remedy conditions of purely natural origin upon his land even though they are dangerous or inconvenient to his neighbors. Stated alternatively: In order to create a legal nuisance, the act of man must have contributed to its existence."

"Assuming the relevance of the petitioner's evidence, we hold, as a matter of law, that it fails to prove that his proposed uses have "commonly, habitually and by long practice been established as reasonably associated with the primary ... use" in the local area. Absent such evidence, we hold that the petitioner's proposed uses are not accessory uses under the Town's ordinance."

This table contains links to New Hampshire municipality websites, most of which include information on local ordinances.