About the 79-E Community Revitalization Tax Relief Incentive Program
On March 11, 2017, the Town of Milford adopted the provisions of RSA 79-E. The Community Revitalization Tax Relief Incentive (RSA 79-E) Program allows the Town to provide a temporary period of limited tax relief for property owners who wish to undertake substantial rehabilitation of a qualifying structure which will provide at least one public benefit. Under the statute, use of the 79-E program is limited to designated or recognized downtowns, town centers, or village centers.
Do I Qualify for the Community Revitalization Tax Relief Incentive (RSA 79-E) Program?
To qualify for the 79-E Program, your project must meet all three of the following criteria:
The proposed project must be a Substantial Rehabilitation.
A substantial rehabilitation is a project that costs at least 15% of the pre-rehabilitation assessed valuation or $75,000, whichever is less. For historic structures, substantial rehabilitation means devoting at least 10% of the pre-rehabilitation assessed valuation or $5,000, whichever is less, to energy efficiency improvements in accordance with the Secretary of the Interior’s Standards for Rehabilitation guidelines for historic structures.
The building or structure must be a Qualifying Structure.
A qualifying structure is a building or structure located within the extended downtown Milford Oval areas designated by the Town as part of its adoption of the program. However, historic structures located anywhere in the Town are also considered qualifying structures for purposes of the program.
The project must provide at least one Public Benefit listed in the statute, including:
- Enhancement of the economic vitality of the downtown; (RSA 79-E:7, I)
- Enhancement or improvement of a culturally or historically important structure; (RSA 79-E:7, II)
- Promotion of the preservation and reuse of existing building stock; (RSA 79-E:7, II-a)
- Promotion of the development of municipal centers, providing for efficiency, safety, and a greater sense of community (RSA 79-E:7, III); or
- Growth of residential housing in urban or town centers. (RSA 79-E:7, IV)
How to Apply
- Complete the Application for Community Revitalization Tax Relief Incentive Program (RSA 79-E), including a cover letter describing the project and providing any appropriate supporting information or materials.
- Pay a $50.00 Application fee to the Town of Milford.
- Submit the completed application and all materials to the Community Development Office.
What Happens Next?
- The Community Development Office reviews the application with the Town Assessor to verify the subject property’s assessed valuation as of the application date and to verify the reasonableness of the estimated rehabilitation costs.
- Within 60 days of receipt, the application is reviewed by the Board of Selectmen at a public hearing to determine whether the building or structure is a qualifying structure, whether the proposed project is a substantial rehabilitation, and whether there is a public benefit to granting the requested tax relief.
- No later than 45 days after the public hearing, the Board of Selectmen shall render a decision granting or denying the request tax relief and, if so granted, establishing the tax relief period.
- If approved, the owner and the Town will execute and record a Declaration of Covenant (see Sample Covenant language), which protects the public benefit(s) that the project provides and ensures that the building is used and maintained as proposed/approved.
- Upon completion of the substantial rehabilitation, the property shall be taxed based on the pre-rehabilitation assessed value for the duration of the tax relief period and such value shall not increase as a result of the substantial rehabilitation project. Upon the expiration of the tax relief period, the property shall be taxed at its full market value.
Helpful Tools & Resources
The following is a list of tools you may find helpful when completing the application:
- NH RSA 79-E Community Revitalization Tax Relief Incentive
- Milford Assessing Property Database
- Milford GIS Maps
- NH Division of Historical Resources
Application, Maps, and Supporting Documents
- Milford 79-E District Map
- Milford 79-E Guide
- Milford 79-E Program Application
- Declaration of Covenant (Sample Template)
Applications are reviewed by the Board of Selectmen at a public hearing to determine whether the property and project comply with the program requirements. Approval of an application allows the property owner a finite tax relief period, during which the property tax shall not increase as a result of the substantial rehabilitation. Property owners may be granted one to five (1-5) years of tax relief starting upon completion of the project. The Board of Selectmen may grant additional years of tax relief for specific reasons:
- Up to two (2) years for projects resulting in new residential units. (RSA 79-E:5, II)
- Up to four (4) years for projects resulting in new affordable residential units. (RSA 79-E:5, II)
- Up to four (4) years for the substantial rehabilitation of a historic structure if the project adheres to US Secretary of Interior’s Standards for Rehabilitation. (RSA 79-E:5, III)
When a 79-E application is approved, the owner and the Town record a ‘Covenant’, which protects the public benefit(s) that the project provides and ensures that the building is used and maintained as proposed. If the owner fails to abide by the terms of the covenant, the Board of Selectmen must determine whether the public benefit has been diminished and whether to reduce or terminate the tax relief period. If the covenant is terminated, the governing body shall assess all taxes to the owner, with interest, as though no tax relief was granted.
Under the 79-E program, property taxes are not eliminated during the tax relief period. Instead, the property valuation simply does not increase as a result of the rehabilitation for a period of time to allow the owner to recoup some of the project costs. Following expiration of the tax relief period, the structure is assessed at its full market value including the rehabilitation.