Land Conservation

Conserved land refers to property that is protected in perpetuity through deed restriction, conservation easement, or other legal restriction. These restrictions are tied to the title of the land, regardless of its subsequent ownership. Such land may be given to a public body dedicated to the conservation of forests, parkland, and natural resources or to a private land trust, with the intent of restricting it from being developed.

Durham has a long tradition of public support for conserving high priority land that has significant natural, cultural, or historic values. In 2003, following a pattern of land conservation initiatives seen throughout the state, Durham voters approved a warrant article authorizing a Conservation Bond by a two thirds majority, which gave the town permission to borrow up to $2.5 million dollars to fund land conservation projects.

Since then, Durham has used funds from the Conservation Bond, Conservation Fund, grants, private donations, and other sources to conserve many areas. Several conservation partners, including The Nature Conservancy, Society for the Protection of NH Forests, Southeast Land Trust of NH, and NH Fish and Game, have also protected hundreds of acres in Durham. In addition, the University of New Hampshire owns nearly 2,000 acres or 13.5 percent of the Town’s land area. Although UNH lands are not permanently conserved, several sites such as College Woods, East and West Foss Farm, and the MacDonald Lot provide many of the same benefits.

As of 2015, 44.7% of the Durham’s land area was either permanently protected, owned by the University, or has another other kind of development restriction.

The Town of Durham has a process that guides town decision-makers in acquiring legal interest in conservation lands. In 2018, the Town Council adopted the provisions of RSA 36-A:4-a, 1(a) enabling the Conservation Commission to purchase interests in lands outside the municipal boundary and to contribute to land conservation projects when the Town will retain no interest in the property. See supporting documents below for more details.