Stephen E. Forster d/b/a Forster's Christmas Tree Farm & Gift Shoppe v. Town of Henniker

Summary

The Supreme Court of New Hampshire held that commercial weddings and similar events conducted on a Christmas tree farm were not included within the statutory definition of agriculture or agritourism and were not permitted uses under the Town of Henniker's rural residential zoning district. The court also rejected the argument that state law impliedly preempted the town's zoning ordinance. It affirmed the superior court's decision upholding the zoning board of adjustment's determination.

Holdings

1. RSA 21:34-a does not provide that activities constituting agritourism under paragraph VI also constitute agriculture under paragraph II. Hosting commercial weddings and similar events therefore was not an agricultural use merely because it could qualify as agritourism.
2. RSA 21:34-a did not impliedly preempt the Town's zoning ordinance because it was a definitional statute, not a comprehensive regulatory scheme, contained no mandate to municipalities, and did not conflict with or frustrate the statute's purpose.
3. A proposed accessory use must be subordinate and incidental to the permitted principal use and must be customarily associated with that use in the local area. The petitioner failed to prove that commercial weddings and similar events were customarily associated with farming or Christmas tree farming in the local area; therefore, the events were not accessory uses under the Town's ordinance.

Questions Presented

1. Whether RSA 21:34-a defines agritourism as part of agriculture such that the petitioner's commercial weddings and similar events were permitted agricultural uses under the Town's zoning ordinance.
2. Whether RSA 21:34-a or related New Hampshire statutes impliedly preempted the Town's zoning ordinance insofar as it prohibited the proposed events.
3. Whether the proposed weddings and similar events qualified as accessory uses to the petitioner's permitted Christmas tree farm under the Town's ordinance.

Disposition

affirmed