4.         Executive Director 

The LCHIP Authority employs a staff led by its executive director.   The executive director is nominated by the Board and appointed by the Governor and Council.   The executive director oversees LCHIP staff and all of the day-to-day operations of the Authority.  Further, the executive director, under the direction of the Board: 

A.                 Coordinates the activities of state agencies directly involved with the administration of the program in accordance with this chapter;

B.                 Evaluates the eligible resources proposed for protection or restoration under this program, and determines if these resources meet the criteria of the program; and

C.                 Administers the affairs of the program, is directly responsible for executing all policies of the Board, and is authorized to exercise discretion in the review of Project Proposals.  

5.         Process Overview  

               (See Appendix A for a graphic illustration of this section; also see Sections 9 and 10)           

A general overview of how the LCHIP financial assistance process works is: 

A.                 Applicant submits a Pre-Application and Eligibility Self-Assessment form to LCHIP by deadlines prescribed.

B.                 Pre-Application and Eligibility Self-Assessment form is reviewed by LCHIP staff.

C.                 Successful applicants passing Filter 1 are invited to submit a full Project Proposal.

D.                Potential applicant develops Project Proposal for a natural, cultural or historic resource project.

E.                 LCHIP Executive Director determines eligibility of applicant and project and notifies potential applicant only if applicant or Project Proposal is ineligible.

F.                  If eligible, Project Proposal is evaluated for consistency with Board priorities.

G.                If still eligible, Project Proposal undergoes a panel evaluation and a scoring process.

H.                Results are reviewed by the Executive Director.

I.                    Remaining eligible applicants are asked to submit supplemental information for further consideration.

J.                    Supplemental information is reviewed and a site visit and discussion with applicant are undertaken.

K.                Executive Director evaluates all data and makes recommendations to the Board for the funding of projects.

L.                  LCHIP Board reviews the recommendations and makes Contingent Approval decisions for projects.

M.                A letter outlining required interim tasks will be articulated from Executive Director to applicant for projects given Contingent Approval based on information provided in the application.

N.                Applicant completes required interim tasks and due diligence described in timeline and required by the Program before the release of any grant funds.

O.                LCHIP Executive Director grants Final Approval if interim tasks are completed and the results verify data in original Project Proposal.

P.                  Contract executed between LCHIP and applicant.

Q.                Grant funds provided to applicant with timeline and conditions for execution.

6.         Who May Apply 

The LCHIP statute is very specific about what kinds of organizations and entities are eligible to apply for financial assistance through the program.   To apply, you must be a: 

A.                 Municipality or other political subdivision of the state of New Hampshire; or a

B.                 Publicly-supported nonprofit corporation exempt from federal income taxation under section 501(c) of the Internal Revenue Code.  (Other interested parties may partner or work with an eligible organization or government entity but may not apply directly to the program.)

AND,

C.                 be willing to commit to the appropriate components of the Land Trust Alliance Standards and Practices by the date of Final Approval;

D.                agree to adhere to the Secretary of the Interior Standards if project is a Historic Preservation Project; and

E.                 have a willing property owner if the project is an acquisition.

FURTHER,

F.                  the protection of all resources types present on the subject property (natural, cultural, historic) must be addressed within the scope of the Project Proposal; and

G.                for any historic preservation construction or rehabilitation project with a total project cost of $50,000 or more, be prepared to submit as part of a Project Proposal, a completed Guidelines for Preservation, Historic Structures Report or equivalent. 

7.         Eligible Resources and LCHIP Projects

A.        Eligible applicants may apply for grant funds for the protection, restoration or rehabilitation of the following natural, cultural, or historic resources (as listed in statute): 

1.                  archaeological sites;

2.                  historic buildings and structures which house cultural events and programs;

3.                  historic properties including buildings and structures;

4.                  historic and cultural lands and features;

5.                  ecologically significant lands;

6.                  existing and potential public water supply lands;

7.                  farmland;

8.                  forestland;

9.                  habitat for rare species or important wildlife;

10.              lands for recreation;

11.              riverine, lake, estuarine, and ocean shorelands;

12.              scenic areas and viewsheds; and

13.              wetlands and associated uplands. 

The following definition of Cultural Resources is intended to provide guidance to those considering applying for cultural resource funds. 

                  For historic buildings and structures which house cultural events and programs: 

(a)                Any building or structure housing a cultural feature must meet the LCHIP definition of historic.

(b)               An historic interior cultural feature must be an integral part of the evolution of the building, as well as an integral part of the structure itself.  Examples include: performance stage, wall murals, tile work, woodwork, and other exemplary craftsmanship.

(c)                If the project is limited to the preservation of an interior cultural feature, the applicant needs to demonstrate that the building or structure in which the feature is located has been stabilized and does not require further rehabilitation.  Furthermore, as part of the terms of the grant, a preservation easement will be placed on the entire building and not limited to the cultural feature. 

                        For historic and cultural lands and features: 

(a)                Land must have a highly significant historic feature such as stone walls, apple orchards, archeological elements that define the essence of NH.

(b)               Land must be a cultural asset that defines a community and is therefore important to the NH landscape, such as a farmstead, scenic vista, orchard, town forest, archaeological site, a last remaining example of heritage as defined by the community or a key representative of local community heritage. 

B.         LCHIP grant funds may be used by eligible applicants for only the following purposes: 

1.         Acquisition of real property in fee simple;

2.         Acquisition of easement interests in real property;

3.         Restoration or rehabilitation of cultural or historic buildings or structures which are publicly-owned, or which are owned by a qualified publicly-supported nonprofit corporation, except for the following activities: 

(a)                routine maintenance that does not require specialized historic preservation services, except when necessary to fulfill the recommendations of a Historic Structure Report or preservation plan for the property;

(b)               furnishings (modern or historic);

4.         Surveys, appraisals, title work, and other legal or ancillary work necessary to carry out acquisitions that can demonstrate linkage to the permanent protection or restoration and rehabilitation of eligible resources;

5.         Resource inventories and planning that can demonstrate linkage to the permanent protection or restoration and rehabilitation of eligible resources;

6.         Other professional services that can demonstrate linkage to the permanent protection or restoration and rehabilitation of eligible resources and limited to:

(a)                in-house or contracted services for the purposes of project application development to LCHIP;

(b)               determining National or State Register eligibility;

(c)                plans and drawings;

(d)               feasibility studies;

(e)                historic structures reports;

(f)                 architectural renderings;

(g)                environmental reviews;

(h)               archaeological reviews;

(i)                 engineering studies;

(j)                 condition assessments;

(k)               baseline documentation; and

(l)                 preservation guidelines for rehabilitation. 

C.      The Board retains the right to review all project elements proposed for funding in the context of the goals of the project and to make funding decisions consistent with the project goals, the Criteria, Guidelines and Procedures and the LCHIP law. 

D.         Using LCHIP grant funds to pay off loans – LCHIP may fund projects whose applicant requests funds to pay off a loan used to protect eligible resources, although such projects are not considered a priority.  Such an application to LCHIP will be at the sole risk of the applicant and LCHIP gives no guarantees for approval.  The Project Proposal must be received prior to the date that the loan closes. 

8.                  Matching Requirements 

A.     General Match Guidance 

1.      In order to be eligible, projects submitted to LCHIP for financial assistance must include a match amount at least equal to the value of the grant requested.  Specifically, the authority will not fund more than 50 % of the appraised market value of any acquisition of land or structures or interest in land or structures nor more than 50 % of any other expense eligible for financial assistance listed in the section above. 

2.      Project Value – to determine the maximum possible grant amount for a given project as well as the required match, a project value must be calculated.  Project value is the appraised value of the resource asset (as per RSA 227-M:8, VI) or the sale price of the asset  (as per RSA 227-M8, V) (up to but not exceeding the appraised value of the resource asset to be purchased), rehabilitation costs, and/or other eligible expenses.  The maximum grant amount possible is 50% of the total project value. 

a.       A minimum of 50 % of the eligible applicant’s minimum match requirement must be provided in cash.  If the applicant chooses, all of the match may be in cash.   Matching beyond the minimum is encouraged of all applicants.  

B.     Cash Match Requirements and Guidance:

1.      The cash match may be met by the applicant spending or proposing to spend funds from any source on all eligible costs. The donated value of bargain sales cannot be counted as cash match.   

2.      Qualifying matching funds from the applicant may include, but are not limited to, municipal appropriations or other designated municipal funds, private donations, state and federal funds, including grants, and monies from a conservation fund established under RSA 36-A:5 or a heritage fund established under RSA 674:44-d.

3.      Cash used to purchase an eligible property within two years prior to the opening date of a given grant round, may be used as a cash match.

4.      Cash may come from any source created at any time. If any of the cash match is coming from the seller, this must be disclosed to LCHIP.  Seller must be aware that there may be federal tax implications from such a donation.  Cash paid out for a specific eligible expense, such as paying for a land survey, may only be credited toward the cash match if incurred within 2 years following the opening date of a given grant round.   

C.  Non-Cash Match and Guidance 

The non-cash match requirement may be met through any combination of: 

1.         In-kind services (for labor rates use NH Dept. of Employment Security’s Prevailing Wages for Like Work);

2.                  The appraised market value of donated real property or interest in real property, provided such real property is located in the municipality or municipalities in which the applicant property is located;           

3.                  Materials and services towards the restoration or rehabilitation of cultural or historic buildings or structures which are publicly-owned, or which are owned by a qualified publicly-supported nonprofit corporation;

4.                  Surveys, appraisals, title work, and other legal or ancillary work necessary to carry out acquisitions that can demonstrate linkage to the permanent protection or restoration and rehabilitation of eligible resources;

5.                  Resource inventories and planning that can demonstrate linkage to the permanent protection or restoration and rehabilitation of eligible resources;

6.                  Other professional services that can demonstrate linkage to the permanent protection or restoration and rehabilitation of eligible resources and limited to:

(a)                in-house or contracted services for the purposes of project application development to LCHIP;

(b)               on-site architect services;

(c)                determining National or State Register eligibility;

(d)               plans and drawings;

(e)                feasibility studies;

(f)                 historic structures reports;

(g)                architectural rendering

(h)               environmental reviews;

(i)                 archaeological reviews;

(j)                 engineering studies;

(k)               conservation assessments;

(l)                 baseline documentation; and

(m)              preservation guidelines for rehabilitation. 

D.        A one-time payment to a stewardship endowment fund established by the applicant for the resource asset. 

E.        Other match information and guidance: 

1.         Any eligible real estate can be included as a non-cash match if the property was donated within the last two years prior to the opening date of a given grant round and was donated for purposes consistent with the purposes of the LCHIP statute. In addition, an affidavit (provided by LCHIP) from the donor indicating the donor’s intent for the gift to be used as a match for a LCHIP project application is required.

2.         Donated time or expenses incurred (including cash paid for specific expenses prior to two years to the opening of the current grant round) are eligible as non-cash (in-kind) match, provided they are incurred either (i) within two years prior to the opening date of a given grant round, or (ii) at any time thereafter (subject to the financial constraints of the project as defined by the applicant) and subject to the project value as determined by the applicant.

3.         An applicant may use the value of a donated easement on land (or preservation easement on a structure) that a political subdivision or publicly supported non-profit organization owns as a non-cash match, provided the donation yields to the project additional conservation or preservation value, and provided a relationship to the applicant (target) property can be demonstrated. 

9.         Application Procedures 

            From time to time, the LCHIP Authority Board of Directors, depending on available funds, sets grant rounds making funding available to successful applicants for the purposes described in this CGP.  The latest grant round information can be found at the LCHIP website or by calling the LCHIP office. 

A.        Eligibility Determination 

When submitting a Project Proposal requesting financial resources through LCHIP, an applicant must demonstrate eligibility based on the requirements of the LCHIP law.  An Eligibility Self Assessment form must be obtained, completed and signed by the applicant and submitted to LCHIP with the Project Proposal.  If applicant is determined not eligible by the Executive Director, the applicant will be notified within 2 weeks from LCHIP receipt of the form and the Project Proposal.   

LCHIP requires a signed and notarized statement from landowners intending to donate property, detailing the LCHIP expectations for the protection of the resource. 

B.         Project Proposals  

Applicants are required to use Project Proposal materials provided by LCHIP and must submit full and complete packages by the deadlines prescribed.  If a Project Proposal is found to be incomplete or is received at LCHIP after the deadlines prescribed, it will not be accepted for consideration.  LCHIP will provide all proposal materials, instructions for compiling the Project Proposal, and a checklist, which must be completed and attached to the front of the Project Proposal when submitted to LCHIP.  Proposal materials are updated between each round, so all potential applicants should obtain the most current forms through the LCHIP website or by calling the LCHIP office at (603) 224-4113. 

C.         Acceptance, Determination of Completeness and Approvals 

1.         Upon receipt of the Project Proposal, the executive director will determine the completeness of the information.   The executive director may request more information before determining if the Project Proposal is complete and acceptable for evaluation and Board consideration.   

2.         Upon review with other Project Proposals, and using its decision-making factors, the Board may give Contingent Approval to an application.  Contingent Approval means that the Board has made a decision to set aside funding for the project pending receipt of due diligence information in the way of appraisals, surveys, environmental reviews and other information, the up-front costs for which will be borne by the applicant. The Board may negotiate with individual applicants at Contingent Approval stage. 

3.         The Executive Director will give Final Approval once all necessary appraisals, surveys and environmental reviews and other tasks are complete and where the information provided from these tasks verifies the original numbers in the Project Proposal.   The Executive Director reserves the right to re-negotiate the Project Proposal, as long as the project is not substantially different, based on the revised information resulting from appraisals, surveys, etc. or not give Final Approval.  If a Project Proposal has been changed substantially, the Board of Directors may choose whether or not to reauthorize the grant for that project.  If Final Approval is denied, the Program has no obligation to pay the applicant for any of its costs. 

4.         No work should be undertaken without formal contact with LCHIP staff.  All historic rehabilitation work must be consistent with the Secretary of the Interior Standards.  If an applicant chooses to undertake preservation work to a structure prior to obtaining Final Approval and the work is inconsistent with LCHIP requirements, including the Secretary of the Interior Standards, the grant award is likely to be withdrawn.  

10.        Decision Making by the LCHIP Board of Directors, and Criteria for Selection of Projects  

A.        Eligible projects will be scored by a set of selection criteria.   The LCHIP Board, in making decisions for awarding financial assistance, will use the criteria listed in RSA 227-M:9:

1.          Imminence of threat to the land or property, such that the preservation of endangered structures and land conservation projects in densely developed or rapidly developing areas of the state shall receive a higher ranking;

2.          Uniqueness or significance of the resource;

3.          Proximity to other protected resources;

4.          Extent to which project meets multiple objectives of the program (natural, historic, and cultural);

5.          Strength of local support, such that project applications accompanied by an affirmative vote of the governing body of the municipality or governing bodies of the municipalities in which the project is located shall receive a higher ranking;

6.          Strength of private support;

7.          Cooperation between or among communities;

8.          Extent of leverage (ability of state funds to attract other public and private funds in a cost-share arrangement);

9.          Demonstrated ability and qualifying stewardship plan of eligible applicant to provide stewardship for the resource being protected; and

10.        Extent to which benefits can be conserved only through fee acquisition of the resource asset, weighed against acquisition of an easement interest. 

B.         The Board may also consider the following criteria and scores attached to each of these:

1.         criteria point totals;

2.         local/regional planning participation;

3.         project partnerships;

            4.         educational/interpretive plans for project;

5.         number of criteria categories in which the project has scored;

            6.         cost relative to available funds and other projects in same round of applications;

7.         match amount and form;

8.         geographical distribution of projects within grant round;

9.         distribution among natural, cultural and historic resources within grant round;

10.       degree to which project addresses existing priorities in the state;

11.       capacity of applicant to successfully manage the project and provide stewardship;

12.       efforts applicant has made to obtain funding from other sources. 

C.                 Criteria Point System – as part of the decision making process described above, the LCHIP Executive Director will evaluate and score all Project Proposals using a point system developed to match Board priorities, including resource and criteria priorities as specified in D below.  Scores are not used as the sole method for determining the best projects. For details on the Criteria Point System to be used, see Appendix F. 

D.                 Board Priorities for Grant Rounds may be set on a round-by-round basis.  Specific Program priorities for each grant round can be found in the Guide to Round “#”, the user-friendly version of this policy document and in this CGP. 

General guidance on program priorities for the selection of natural, historic, and cultural projects.   

Resource Priorities For Natural Resources 

§          Agricultural land which includes at least 10 acres with an SPI of 80+.

§          Agricultural land of at least 25 acres within one of the areas of the state which maintains and/or strengthens synergies among farmers and agricultural businesses including the Upper Valley area of the Connecticut River valley, the lower Connecticut River valley, and the Merrimack River valley.

§          Working forest land which has a minimum of 500 acres of Important Forest Soils Groups 1A, 1B, or 1C.

§          Working forest demonstrating a history of and continuing commitment to stewardship as indicated by Tree Farm Certification, Green Certification, or management under a Stewardship Plan (e.g. the Forest Service Stewardship Program).

§          Land within wellhead protection areas for sources serving municipal systems (including private water company sources) or land within the watershed for surface water sources serving municipal systems provided that the land is within 5 miles of the intake.

§          Ecologically significant lands, as determined by the NH Natural Heritage Inventory (NHI), or NH Fish and Game Department’s Habitat, Nongame and Endangered Wildlife Programs (NHFG), or the NH Living Legacy Project. 

Resource Priorities For Historic Resources - Values and Principles (looking for projects which do the following things): 

1.      Project is a catalyst – possibly the “first” attempt at saving an historic building;

2.      Project engages and “converts” non-believers;

3.      Re-use leads to the protection of a (town, village, agricultural, rural, urban, etc) setting by preserving surrounding open space;

4.      Communities that have undergone a process through which important and defining resources have been identified, i.e. through:

i.          Cornerstones Project;

ii.          Master Plan;

iii.         Preservation Plan;

iv.         Historic District designation and planning;

v.                   Historic Architectural Survey

5.      Project protects a cultural or historic vista;

6.      Project protects historic/cultural settings including agricultural settings;

7.      Project is financially sustainable. 

LCHIP will fund the best projects where:

 §                      The resource is a community-defining structure.

  §                      The resource has architectural and type significance, (resource at least 50 yrs or older).

§                      The significance of that resource is high, whether it is at a local, regional, state or national level.

§                      The resource remains in its historic context/setting.

§                      The project minimizes sprawl and enhances the village center, downtown or urban fabric.

§                      The project demonstrates a unique approach to protection.

The project provides an economic benefit(s) to applicant or community. 

Resource Priorities For Cultural Resources - Values and Principles (looking for projects which do any of the following things): 

1.      Project is a catalyst – possibly the “first” attempt at a cultural resource defined by the community;

2.      Project engages new supporters and citizens, creates passion;

3.      Project protects a setting or view-scape (town, village, agricultural, rural, urban, etc) which is valued by a community for its sense of place;

4.      Communities that have undergone a process through which important and defining resources have been identified, i.e. through:

i.          Cornerstones Project;

ii.          Master Plan;

iii.         Main Streets Plan

5.      Project is financially sustainable and contributes to the story of NH people and heritage;

6.      Project creates, expands or retains recreational opportunities. 

LCHIP will fund the best eligible projects where: 

§          The resource is community-defining.

§          The significance of that resource is high, whether it is at a local, regional, state or national level (resource can be land or structure).

§          The resource helps to define a setting.

§          The project minimizes sprawl. (For example: enhances the village center, downtown or urban fabric.)

§          The project demonstrates a unique approach to protection.

The project provides an economic benefit(s) to applicant or community. 

Criteria Priorities For ALL resource types:

1.  Community Support

2.  Financial Need

3.  Stewardship

4.  Planning

E.        Evaluation and Decision Making – Project Proposals will first be evaluated for required elements, compared against Board priorities, scored using the Criteria Scoring System in Appendix F, and evaluated and ranked by professional panels in the appropriate resource area(s).  All data will then be reviewed and evaluated by the Executive Director.  The highest ranked projects will be asked to submit supplemental materials, receive a site visit, and be evaluated again.  Then the Executive Director will make recommendations to the Board for the funding of projects.  The Board will review, discuss and award Contingent Approval to applicants based on all data gathered.   

F.         Notwithstanding the guidance for project review and criteria as described above, the Executive Director shall maintain discretion to ensure that projects which are clearly consistent with the intent of the LCHIP may remain under consideration. 

11.        Decisions of LCHIP Authority Board  

The LCHIP Board of 18 members includes 12 voting members.   To make decisions about grant requests and other financial assistance, a simple majority of the voting members present must agree to the decision.   A quorum of 7 voting members is required for making decisions. 

The LCHIP Board may override its policies for requiring public access, exceeding the project caps, waiver requests or other policies it has the authority over, with a super-majority – an affirmative vote of 9 voting members of the Board. 

12.        Expenditure Caps  

LCHIP aims to make a substantial difference to the continuation to success to as many projects as possible. Therefore, there will be the following grant expenditure caps for all applications.  The maximum grant amount that can be awarded by the Board is $500,000 for any project.  

Acquisition (fee and less than fee)              Rehabilitation/Restoration                     Studies

Max     $ 500,000                                                      $ 500,000                                      $ 25,000

Min     $    10,000                                                     $   10,000                                      $   5,000

 13.        Final Approval and Project Execution Including Disbursement of Funds 

A.        Prior to Final Approval by the Executive Director applicants must submit all required materials in accordance with the following:

1.         for Natural and Cultural Resource projects, at least 4 weeks prior to when Final Approval will be considered.

2.         for Historic Rehabilitation projects, at least 5 weeks prior to when Final Approval will be considered. 

            B.         After all materials have been reviewed and approved, and the applicant has demonstrated that its match portion has been secured the Executive Director will grant Final Approval.  A contract will be executed prior to disbursement of any grant funds.  The contract will include language to ensure the public investment results in public benefit and describes recapture provisions should the applicant change the use to being a non-public building or not uphold its part of the contract. 

            C.         For acquisition projects, the Executive Director will approve all closing documents and required due diligence, including completed title examinations, appraisals, surveys, baseline documentation and environmental site assessments.  

            D.        Disbursements of grant awards will take place in the following manner, unless otherwise negotiated: 

·        For natural, cultural, and historic resource acquisition projects, 100% disbursement at the time of closing.

·        For historic preservation projects, 3 disbursements will be made – a 50% disbursement after the project agreement is executed, a 30% disbursement when the project is 50% completed, and the remaining 20% disbursement at the successful completion of the project.

·        For studies, a 50% disbursement will be made when the study is 50% completed and the remaining 50% will be disbursed after the final report has been presented to and approved by LCHIP. 

C.     Guarantee Fee:  LCHIP may charge successful applicants a guarantee fee, which will be based on the amount of the grant award.  The Authority may set a percentage fee that will apply to all projects.  This fee will be deducted from the grant award.   Amounts collected shall be deposited in the Program fund and will be used to pay the costs of administering the program. 

14.        Signage and Publicity 

A.        All projects funded through the program will be required to place a sign on the property at appropriate places. This sign may be provided to the applicant by LCHIP.

B.         All funded projects will also be required to include the LCHIP logo and following statement in any materials produced to promote or publicize the resource:  “This resource has been protected with assistance from the NH Land and Community Heritage Investment Program.”  

15.        Waivers 

            A.        The criteria, guidelines and procedures are intended to apply to a variety of conditions and circumstances.  It is recognized that strict compliance with all procedures prescribed herein may not fit every conceivable situation.  Applicants may request a waiver of specific provisions outlined in this document in accordance with the following procedures (unless the waiver request deals with something prescribed in law): 

          1.         a description of the project to which the waiver request relates;

2.         a specific reference to the section and page of this document for which a waiver is being  sought;

3.         a full explanation of why a waiver is necessary and demonstration of hardship caused if the requirement is adhered to;

4.         a full explanation of the alternatives for which a waiver is sought with backup data for support; and

5.         a full explanation of how the alternatives for which a waiver is sought are consistent with the intent of RSA chapter 227-M and would have a just result. 

            B.         The Board may approve, with the affirmative vote of 9 voting members, a request for waiver if it finds that: 

1.         the alternatives proposed are at least equivalent to the requirements contained herein;

2.         the alternatives are adequate to ensure that the intent of RSA chapter 227-M is met; and

3.         that the request for waiver satisfies all those requirements specified by RSA chapter 227-M. 

            C.         The Board shall not grant any waiver, which in its judgment contravenes the purposes of RSA chapter 227-M. The authority shall have no authority to grant waivers of statutory or other legal requirements except as provided in RSA 227-M:8, VII.  The authority shall issue a written response to a request for a waiver within 30 days of a