N.H. Code Admin. R. Ann. Res — Commissioner, Department of Resources and Economic Development (The Department of Resources and Economic Development was abolished pursuant to 2017, 156:15, effective 7-1-17. Pursuant to 2017, 156:49, effective 7-1-17, existing rules were transferred to the Department of Natural and Cultural Resources (Ncr) and Department of Business and Economic Affairs (Bea), as applicable, and continue in effect until they expire or are amended or repealed. Res 100 and 200 expired 7-1-18 pursuant to RSA 541-A:17, II. Existing rules numbered Res will eventually be renumbered Ncr as appropriate.)

Chapter Res 100 Organizational Rules

Part Res 101 Definitions

N.H. Code Admin. R. Ann. Res 101.01 Department

"Department" means the New Hampshire department of resources and economic development, established by RSA 12-A:1.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 101.02 Commissioner

"Commissioner" means the commissioner of the department of resources and economic development.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 101.03 Division

"Division" means a principle unit within the department.

History

#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 101.04 Bureau

"Bureau" means a principle unit within a division.

History

#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 101.05 Subdivision

"Subdivision" means a principal unit within the division of economic development.

History

#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 101.06 DRED properties

"DRED properties" means all state properties owned, leased, managed, or under the control of the department of resources and economic development as listed below in tables 101.1 DRED owned lands and 101.2 DRED leased lands.

TABLE 101.1 DRED Owned Lands

Abbott State Forest Concord

Agnew State Forest Jefferson

Ahern State Park Laconia

Allen State Forest Concord

Alton Bay State Forest Alton

Ames State Forest Henniker

Ammonoosuc State Forest Stark

Androscoggin Wayside Park Errol

Annett State Forest Jaffrey

Rindge

Sharon

Ashenden State Forest Warner

Ayers State Forest Canterbury

Northfield

Baker State Forest Rumney

Ballard State Forest Derry

Bear Brook State Park Allenstown

Candia

Deerfield

Hooksett

Bear Dens Natural Area Gilsum

Bear Mountain State Forest Hinsdale

Beaver Brook Falls Natural Area Colebrook

Bedell Bridge Historic Site Haverhill

Belknap Mountain State Forest Gilford

Gilmanton

Benton State Forest Benton

Big Island State Forest Wentworths Location

Binney Pond Natural Area New Ipswich

Black Mountain State Forest Haverhill

Blair State Forest Campton

Blue Jobe State Forest Farmington

Bowditch-Runnells State Forest Tamworth

Bradford Pines Natural Area Bradford

Branch Stream Conservation Easement Madison

Cape Horn State Park Northumberland

Cardigan Mountain State Park Alexandria

Orange

Carroll Recreation Trail Carroll

Carroll State Forest Warner

Casalis State Forest Peterborough

Cathedral Ledge State Park Bartlett

Conway

Hale's Location

Chemung State Forest Meredith

Chesterfield Gorge Natural Area Chesterfield

Cilley State Forest Bow

Concord

Coleman State Park Stewartstown

Connecticut Lakes Headwaters Property Clarksville

Pittsburg

Stewartstown

Connecticut Lakes State Forest Pittsburg

Connecticut River State Forest Charlestown

Constitution, Fort Historic Site New Castle

Contoocook State Forest Hopkinton

Conway Common Lands State Forest Conway

Craney Hill State Forest Henniker

Crawford Notch State Park Hart's Location

Livermore

Crosby Mountain State Park Groton

Curtiss Dogwood Natural Area Lyndeboro

Cushman State Forest Bethlehem

Davis-White State Forest Warren

Davisville State Forest Warner

Deer Mountain Campground Pittsburg

Devils Slide State Forest Stark

District 5 State Forest Concord

Dixville Notch State Park Dixville

Dodge Brook State Forest Lempster

Dublin Lake Scenic Area Dublin

Duncan, Annie State Forest Plainfield

Duncan, George State Forest New Hampton

Duston, Hannah Historic Site Boscawen

Eaton State Forest East Kingston

Echo Lake State Park Conway

Eisenhower Memorial Area Crawford's Purchase

Eldridge Recreation Trail Ossipee

Ellacoya State Park Gilford

Endicott Rock Historic Site Laconia

Fay State Forest Lincoln

Woodstock

Federal Hill Fire Tower Milford

Feuer State Forest Alstead

Marlow

Forest Lake State Park Dalton

Fox State Forest Hillsboro

Franconia Notch State Park Franconia

Lincoln

Frost Farm Historic Site Derry

Gardner Memorial Wayside Wilmont

Gay State Forest Jaffrey

George Pond Lot Enfield

Gile State Forest Springfield

Wilmot

Gilmore State Forest Warner

Goodwin-Chandler State Forest Hopkinton

Grant State Forest Fitzwilliam

Green Mountain State Forest Effingham

Greenfield State Park Greenfield

Hamel State Forest Laconia

Hampton Beach State Park Hampton

Harriman-Chandler State Forest Warner

Haven State Forest Jaffrey

Heath Pond Bog Natural Area Ossipee

Hemenway State Forest Tamworth

Hodgman State Forest Amherst

Honey Brook State Forest Acworth

Lempster

Marlow

Hubbard Hill State Forest Charlestown

Humphrey Ledge Natural Area Bartlett

Hurlburt Swamp Conservation Easement Stewartstown

Huston-Morgan State Forest Laconia

Hyland Hill State Forest Westmoreland

Indian Stream Recreation Trail Pittsburg

Jenness Beach State Park Rye

Jeremy Hill Natural Area Pelham

Kearsarge, Mount State Forest Andover

Salisbury

Warner

Wilmot

Kingston State Park Kingston

Lake Francis State Park Pittsburg

Lake Tarleton State Park Piermont

Lang Station State Forest New Boston

Lead Mine State Forest Shelburne

Leighton State Forest Dublin

Litchfield State Forest Litchfield

Little Pine River State Forest Ossipee

Livermore Falls State Forest Campton

Lochmere Archeological Area Belmont

Lord Pines State Forest Ossipee

Low State Forest Bradford

Hillsboro

Madison Boulder Natural Area Madison

Major, Mount State Forest Alton

Marshall State Forest New Ipswich

Mascoma State Forest Canaan

Mascot Mine Natural Area Gorham

Mast Yard State Forest Concord

Hopkinton

Meadow Pond State Forest Gilmanton

Merrimack River State Forest Boscawen

Merriman State Forest Bartlett

Milan Hill State Park Milan

Miller State Park Peterborough

Temple

Mollidgewock State Park Errol

Monadnock State Park Jaffrey

Moose Brook State Park Gorham

Nansen Ski Jump Milan

Nansen Wayside Area Milan

Nash Stream Forest Columbia

Odell

Stark

Strafford

North Beach Hampton

North Hampton State Park North Hampton

North Region Headquarters Lancaster

Northwood Meadows State Park Northwood

Nottingham State Forest Nottingham

Nursery, State Forest Boscawen

Salisbury

Oak Hill Fire Tower Loudon

Odiorne Point State Park Rye

Opechee Bay State Forest Laconia

Ossipee Lake Natural Area Ossipee

Otter Brook Keene

Page State Forest Gilmanton

Pages Corner State Forest Bow

Paugus Bay State Forest Laconia

Pawtuckaway State Park Deerfield

Nottingham

Percy State Forest Stark

Pierce Homestead Historic Site Hillsboro

Pierce Island Chesterfield

Pillsbury State Park Goshen

Washington

Pine River State Forest Effingham

Ossipee

Piscataquog State Forest Weare

Pisgah State Park Chesterfield

Hinsdale

Winchester

Pitcher Mountain Fire Tower Stoddard

Plummer Ledge Natural Area Wentworth

Powwow River State Forest South Hampton

Prescott State Forest Laconia

Profile Recreation Trail Bethlehem

Province Road State Forest Dorchester

Groton

Ragged Mountain Conservation Easement Danbury

Wilmot

Ragged Mountain State Forest Andover

Reed's Ferry State Forest Bedford

Rhododendron State Park Fitzwilliam

Richmond

Troy

Rock Rimmon State Forest Kingston

Rockingham Recreational Trail Danville

Derry

Fremont

Hampstead

Sandown

Windham

Rollins State Park Warner

Russell State Forest Greenville

Mason

Russell-Abbott State Forest Mason

Wilton

Russell-Shea State Forest Concord

Rye Harbor State Park Rye

Saltmarsh Pond State Forest Gilford

Sanborn State Forest Gilmanton

Scribner-Fellows State Forest Ashland

New Hampton

Sculptured Rocks Geologic Site Groton

Seabrook Fish Pier Seabrook

Sentinel Mountain State Forest Piermont

Shadow Hill State Forest Sutton

Shaker State Forest Canterbury

Shaker Village Conservation Easement Canterbury

Shieling State Forest Peterborough

Silver Lake State Park Hollis

Sky Pond State Forest New Hampton

Smith State Forest Nottingham

Smiths Ferry Heritage Park Manchester

Soucook River State Forest Loudon

Southeast State Forest Barrington

Nottingham

Stark, Fort Historic Site New Castle

Stevens Pines State Forest Nottingham

Strawberry Hill State Forest Bethlehem

Sugar Hill State Forest Bristol

Sunapee, Mount State Park Goshen

Newbury

Swain State Forest Laconia

Taylor Mill Historic Site Derry

Taylor State Forest Concord

Totten Trails State Forest Henniker

Umbagog Lake State Park Errol

Umbagog State Forest Cambridge

Errol

Upper Coos Branch Recreation Trail Stratford

Upton-Morgan State Forest Concord

Urban Forestry Center Portsmouth

Vincent State Forest Deering

Henniker

Weare

Wade State Forest Hill

Wadleigh State Park Sutton

Walker State Forest Concord

Wallis Sands State Park Rye

Wantastiquet Mountain Natural Area Chesterfield

Hinsdale

Warehouse, Concord Concord

Warner Hill Fire Tower Derry

Warren Recreation Trail Warren

Washington, Mount State Park Sargent's Purchase

Webster Birthplace Historic Site Franklin

Weeks State Park Lancaster

Wellington State Park Alexandria

Bristol

Welton Falls State Forest Alexandria

Wentworth State Park Wolfeboro

Wentworth, Governor Historic Site Wolfeboro

Wentworth-Coolidge Historic Site Portsmouth

West Iron Works Road State Forest Concord

White Farm Concord

White Island Historic Site Rye

White Lake State Park Tamworth

Winslow State Park Wilmont

Woodman State Forest Deerfield

Northwood

Woodstock Information Center Woodstock

Yatsevitch Conservation Easement Cornish

Plainfield

TABLE 101.2 DRED Leased Lands

Lessor Towns

Agriculture, U.S. Department of

White Mtn. National Forest All Lands in NH

Andover, Town of Andover

Robert Andrews Millsfield

Bayroot LLC Lands Atkinson

Bethlehem

Carroll

Colebrook

Dix's Grant

Dixville

Dummer

Errol

Gilmanton

Jefferson

Milan

Millsfield

Pittsburg

Shelburne

Stewartstown

Stratford

Success

Wentworth

Bath, Town of Bath

Berlin Airport Authority Milan

Thelma Bergquist Milan

James Brady Jefferson

Grace Brooks Carroll

Bunting Family Columbia

Stratford

Kurt and Tom Burke Intervale

Castle Springs, LLC Moultonborough

West Ossipee

Natalie Caron Milan

Chocorua Forest Lands, LLC Ossipee Mountain

Herbert Clark Tamworth

Colebrook, Town of Colebrook

Connecticut Lakes Headwaters Property (Lyme Timber) Clarksville

Pittsburg

Stewartstown

Conway, Town of Conservation Land

Conway

Conway Scenic Railroad Conway

Daniel Cordwell Milan

Oneal Croteau Milan

Danville, Town of Danville

Dartmouth College Second College Grant

Davodge Family Lancaster

Ethan Allen Company Canaan, VT

Fairway Village Association, Inc. Twin Mountain

Leon Faureau Milan

Fitzwilliam, Town of Fitzwilliam

Fraser Paper Mills (Berlin Division) Berlin

Milan

Goffstown, Town of Goffstown

Granite State Phoenix Twin Mountain

Hebron, Town of Hebron

Hobo Railroad Lincoln

International Paper Timberlands Operating Co. Millsfield

Odell

Stark

Barry Kelley Dummer

Kennett Company Conway

Madison

Tamworth

Ervil Kennett Chatham

Don Laroche Berlin

Roland Leveille Berlin

Dennis, Larry and Lucien Lizotte Errol

Millsfield

Glen McKinstry Canaan

Milan, Town of Milan

Nature Conservancy, The Columbia

Stratford

Newbury, Town of Newbury

New England Power Service Littleton

Chet Nicholaisen Sandown

John and Jean Oleson Jefferson

Ossipee, Town of Ossipee

Ossipee Aggregates Ossipee

Wakefield

Plum Creek Maine Timberlands Wentworth Location

Errol

Pontook Operating LP Dummer

Route 16 Parking Lot

Rindge, Town of Rindge

Road Kings Motorcycle Club Milan

Peter Roberts Milan

Sanbornton, Town of Sanbornton

St. Laurent Heirs Berlin

Six Gun City Jefferson

Stewartstown, Town of Stewartstown

Tamworth, Town of Tamworth

Tillotson Corporation (The Balsams) Dix's Grant

George and Michael Tolley North Conway

Transportation, N.H. Department of

Ashuelot Branch Hinsdale

Keene

Swanzey

Winchester

Berlin Branch

(Ammonoosuc and Presidential Rail Trails) Bath

Gorham

Haverill

Jefferson

Landaff

Lisbon

Littleton

Randolph

Cheshire Branch Fitzwilliam

Keene

Marlborough

Surry

Swanzey

Troy

Walpole

Westmoreland

Concord to Lincoln Branch Ashland

Belmont

Boscawen

Bridgewater

Campton

Canterbury

Concord

Laconia

Lincoln

Meredith

New Hampton

Northfield

Plymouth

Thornton

Woodstock

Conway Branch Madison

Ossipee

Tamworth

Farmington Branch Farmington

Rochester

Fort Hill Branch Hinsdale

Fremont Branch

(Rockingham Recreational Trail) Derry

Epping

Fremont

Windham

Greenville Branch Greenville

Wilton

Hillsborough Branch Bennington

Deering

Greenfield

Hancock

Hillsborough

Lyndeborough

Wilton

Manchester to Lawrence Branch

(Rockingham Recreational Trail) Londonderry

Salem

Portsmouth Branch

(Rockingham Recreational Trail) Auburn

Candia

Epping

Manchester

Newfields

Raymond

Monadnock Branch Jaffrey

Rindge

Mountain Division Branch Bartlett

Carroll

Conway

Hart's Location

No. Stratford to Beecher Falls Branch Colebrook

Stewartstown

Northern Branch Andover

Boscawen

Canaan

Danbury

Enfield

Franklin

Grafton

Lebanon

Orange

Wilmot

Sugar River Recreational Trail Claremont

Newport

Wolfeboro Branch Brookfield

Wakefield

Wolfeboro

T.R. Dillon Property Berlin

Errol

Success

Twitchell Heirs Errol

Millsfield

U.S. Army Corps of Engineers

Blackwater Flood Control Area Salisbury

Webster

Franklin Falls Flood Control Area Bristol

Franklin

Hill

New Hampton

Sanbornton

Hopkinton-Everett Flood Control Area Dunbarton

Henniker

Hopkinton

Weare

Water Resources Council Clarksville

Pittsburg

Woodward Heirs Berlin

Dummer

Errol

Gorham

Yankee Forest, LLC Gorham

Milan

South Cambridge

Stark

History

#4391-a, eff 3-30-88; ss by #5594, eff 3-12-93; ss by #5946, eff 12-23-94; ss and moved by #6209, eff 3-22-96 (from Res 8300); amd by #6665, eff 12-31-97; ss by #7395, eff 11-1-00; ss by #7795, eff 12-2-02;ss by 8396, eff 07-27-05, EXPIRED: 7-1-18

Part Res 102 Description of Department

N.H. Code Admin. R. Ann. Res 102.01 Department

The department of resources and economic development is under the executive direction of the commissioner, and consists of a division of forests and lands, a division of parks and recreation, a division of travel and tourism development, and a division of economic development. The descriptions of the divisions that follow below are not exhaustive and simply describe the main purpose and scope of each.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 102.02 Office of the Commissioner

(a) The office of the commissioner shall include the commissioner and 2 sections which shall be directly responsible to the commissioner.

(b) The commissioner shall be ultimately responsible for organizing and directing all department policies, activities, projects and programs. Directors of divisions shall be subject to the supervisory authority of the commissioner who shall establish policy as well as to control the actual operations of the department and its divisions. Rulemaking authority for the entire department shall be vested exclusively in the commissioner. As authorized by RSA 12-A:1-d, the commissioner shall have police powers and shall confer same upon certain individuals in the department of resources and economic development.

(c) The business management section shall be responsible for all financial accounting for the department, human resource management, data management, information technology management as well as management of the department's warehouse and supply depot.

(d) The design, development and maintenance section shall be responsible for all the engineering and construction needs of the department. The section shall also administer all contracts necessary to adequately maintain and construct department facilities.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 102.03 Division of Forests and Lands

(a) The division of forests and lands shall be responsible for the maintenance, protection, conservation, multiple use, and rehabilitation of forests for social, economic and environmental benefits. The director of the division of forests and lands shall be responsible for the execution of all matters pertaining to forestry, forest management and forest lands within the state. The division shall consist of 5 bureaus which shall be directly responsible to the director of the division of forests and lands.

(b) The forest protection bureau shall be responsible for fire detection, prevention, presuppression and suppression in all New Hampshire woodlands. The bureau shall enforce the timber harvesting and forest fire laws of the state. The bureau shall also be responsible for carrying out programs to monitor and assess forest health, and detect and reduce the incidence and severity of forest insect and disease infestations.

(c) The forest information and planning bureau shall deliver information to the general public, landowners, homeowners, communities, and professional resource managers and educate citizens about the value of forest resources and forestry. The bureau shall be responsible for the management of Shieling Forest and the Urban Forestry Center. The bureau shall also collect information concerning the state’s forest resources and uses and conduct comprehensive statewide forest resource planning.

(d) The land management bureau shall be responsible for acquisition of land for expansion of the state reservations and state easements. The bureau shall also be responsible for the disposal of land surplus to the department's needs. Also, the bureau shall maintain the entire department's land records and maintain and survey boundaries of all department properties. Mining permit programs, special use permit programs and leased lands shall also be administered by the bureau.

(e) The forest management bureau shall be responsible for the forest management of all reservations and forest lands under the jurisdiction of the state. The bureau shall also be responsible for the cultivation and the sale of seedlings through the state forest nursery and the research, demonstration, and promotion of scientific forestry through the Fox Research Program. Also, the bureau shall maintain oversight and protection of rare and imperiled native plants through the natural heritage inventory program.

(f) The cooperative forestry and wildlife bureau shall, through a memorandum of understanding with the university of New Hampshire cooperative extension, support and implement a joint forest resources education program to provide education, information and technical assistance about the values, utilization and stewardship of forest resources.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 102.04 Division of Parks and Recreation

(a) The division of parks and recreation shall be responsible for managing the state park system, including recreation areas, a state ski area, historic sites, trails, and natural areas under the division's jurisdiction. The director of the division of parks and recreation shall execute all matters pertaining to the administration and operation of recreational facilities and services for public use on lands under the divisions jurisdiction. The division shall consist of 3 bureaus which shall be directly responsible to the director.

(b) The trails bureau shall be responsible for programs relative to off highway recreational vehicles, state-owned multi-purpose recreational trails, the New Hampshire Heritage Trail, and New Hampshire Conservation Corps programs.

(c) The parks bureau shall be responsible for the development, administration and operation of recreational facilities and services for public use on all public areas of recreational significance such as state parks, forests, reservations, and historic sites.

(d) The bureau of state ski operations shall be responsible for managing the year round operations at Cannon Mountain ski area. The bureau shall promote year round tourism promotion and economic development to the regions in proximity to the area and shall strive to provide quality recreational experiences year round to visitors and residents.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 102.05 Division of Economic Development

(a) The division of economic development shall be responsible for planning and conducting programs to attract industrial concerns to the state. The director of the division of economic development shall execute all matters relative to planning, developing and maintaining programs relative to maintaining existing industry, expanding existing industry and the development of new industry in the state as provided in RSA 12-A:22. The division shall consist of 2 subdivisions which shall be directly responsible to the director.

(b) The office of business and industrial development subdivision shall be responsible for all matters relative to programs for maintaining existing business and industry, the expansion of existing business and industry as well as the creation of new business and industry in New Hampshire.

(c) The office of international commerce subdivision shall be responsible for all matters relative to international trade promotion and foreign market development. This subdivision shall work closely with other organizations on a local, state, and international level to enable the New Hampshire business community to compete in the global market.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 102.06 Division of Travel and Tourism Development

The division of travel and tourism development shall be responsible for all matters relative to attracting tourists, visitors and other interested parties to the state. The director of the division of travel and tourism development shall be responsible for researching and analyzing the effectiveness of promotional and assistance programs administered by the division. It shall also be the director's responsibility to carry out plans and programs consistent with the New Hampshire tourism policy to promote the state and to attract tourists and other interested persons to New Hampshire.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

Part Res 103 Requests for Information

N.H. Code Admin. R. Ann. Res 103.01 Requests for Information

(a) Requests for information, including but not limited to, requests made pursuant to RSA 91-A:4, the Right-to-Know Law, shall be made directly to the division described in Res 102 which is responsible for the operation of the program for which information is being requested.

(b) All requests for information shall be addressed directly to the division as follows:

172 Pembroke Road

PO Box 1856

Concord, NH 03302-1856

(c) Telephone inquiries for information shall be addressed directly to the division as set forth in table 101.03 department telephone numbers.

Table 101.03 Department Telephone Numbers

Office of the Commissioner (603) 271-2411

Business Office (603) 271-3728

Design, Development and Maintenance (603) 271-2606

Division of Forests and Lands (603) 271-2215

Forest Protection Bureau (603) 271-2217

Forest Information and Planning Bureau (603) 271-3457

Land Management Bureau (603) 271-3457

Forest Management Bureau (603) 271-3456

Division of Parks and Recreation (603) 271-3556

Trails Bureau (603) 271-3254

Parks Bureau (603) 271-3627

State Ski Operations Bureau (603) 271-2006

Division of Economic Development (603) 271-2341

Office of Business and Industrial Development (603) 271-2591

Office of International Commerce (603) 334-6074

Division of Travel and Tourism Development (603) 271-2665

(d) All actual costs associated with providing requested information shall be paid by the requesting party.

APPENDIX

RULE NUMBER

STATUTE(s) IMPLEMENTED

Res 101.01 through Res 101.05

RSA 12-A:1 and RSA 541-A:16, I(a)

Res 101.06

RSA 12-A:1, RSA 215-A:3, V, RSA 215-A:3-a and RSA 541-A:16, I(a)

Res 102

RSA 12-A:1 and RSA 541-A:16, I(a)

Res 103

RSA 541-A:16, I(a) and RSA 91-A:4

History

#5798, eff 3-18-94, EXPIRED: 3-18-00
#7395, eff 11-1-00, EXPIRED: 7-1-18

Chapter Res 200 Rules of Practice and Procedure

Part Res 201 Definitions

N.H. Code Admin. R. Ann. Res 201.01 Definitions

(a) “Appearance” means a written notification to the department that a party or a party’s representative intends to actively participate in a hearing.

(b) “Commissioner” means the commissioner of the department of resources and economic development.

(c) “Contested case” means “contested case” as defined in RSA 541-A:1, IV, namely “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.”

(d) “Declaratory ruling” means “declaratory ruling” as defined in RSA 541-A:1, V, namely “an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.”

(e) “Department” means the New Hampshire department of resources and economic development, established by RSA 12-A:1.

(f) “Evidence” means all information, other than argument, including, but not limited to, comments, reports, maps, surveys, charts, sound recordings, pictorial reproductions, drawings, analyses, graphic representations, computer programs and printouts, testimony, notes, memoranda and documents, whether finished or unfinished.

(g) “Hearing” means “adjudicative proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

(h) “Motion” means a request to the presiding officer by a party for an order relating to the hearing.

(i) “Order” means “order” as defined in RSA 541-A:1, XI, namely “the whole or part of an agency’s final disposition of a matter, other than a rule, but does not include an agency’s decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.”

(j) “Party” means “party” as defined in RSA 541-A:1, XII, namely “each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”

(k) “Person” means “person” as defined in RSA 541-A:1, XIII, namely “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.”

(l) “Presiding officer” means “presiding officer” as defined in RSA 541-A:1, XIV, namely “that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.”

(m) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 202 Petitions to the Department

N.H. Code Admin. R. Ann. Res 202.01 Petitions for Adoption, Amendment, or Repeal of a Rule

(a) Any interested person may petition the department, through the commissioner, requesting the adoption, amendment or repeal of a rule.

(b) Rulemaking petitions shall conform to the requirements set out in Res 202.03.

(1) Petitions shall be submitted to the office of the commissioner;

(2) If the commissioner decides that any petition is deficient in any respect, the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition;

(3) Within 30 days of receipt of a petition that complies with Res 202.03, the commissioner shall take one of the following actions:

a. Initiate the requested procedure in accordance with RSA 541-A:3 if the requested action is:

Within the authority of the department;
Consistent with and best implements state statutes affecting the department; and
A policy change the department determines to be in the best interest of the state to advance its joint goals of promoting economic development while protecting the natural resources and quality of life in the state; or

b. Deny the petition, in writing, stating fully the reasons for denial.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 202.02 Petitions for Declaratory Rulings

(a) Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department.

(b) Declaratory ruling petitions shall conform to the requirements set out in Res 202.03.

(1) Petitions shall be submitted to the office of the commissioner;

(2) If the commissioner determines that any petition is deficient in any respect, the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition; and

(3) When an acceptable petition for a declaratory ruling has been received by the commissioner, the commissioner shall take one of the following actions:

a. Issue a declaratory ruling responsive to the petition within 60 days; or

b. If deemed necessary, request the opinion of the department of justice within 20 working days, and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 202.03 Petition Requirements

(a) Each petition for adoption, amendment, or repeal of a rule, or for declaratory ruling shall provide the following information:

(1) The name and address of the petitioner, and, if applicable, the name and address of the organization the petitioner represents;

(2) If an amendment or repeal of a rule is sought, cite the rule number and title to be amended or repealed and specify any amendments to be made;

(3) If an adoption of a new rule is sought, provide the text of the proposed rule;

(4) If a declaratory ruling is sought, cite the statute or rule and provide all information available or in his or her possession which is applicable to the declaratory ruling; and

(5) A statement detailing why the department should make such a ruling.

(b) The petition shall be addressed to the commissioner.

(d) The party, or the representative, if the party appears by a representative, shall sign and date the petition.

(e) The petition shall be mailed or hand-delivered to:

Office of the Commissioner

Department of Resources and Economic Development

172 Pembroke Road

P.O. Box 1856

Concord, New Hampshire 03302-1856

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 203 Presiding Officer; Authority, Withdrawal and Waiver of Rules

N.H. Code Admin. R. Ann. Res 203.01 Authority of Presiding Officer

Subject to the statutes and rules governing the department, the presiding officer shall:

(a) Schedule and hold hearings;

(b) Regulate and control the course of hearings;

(d) Receive relevant evidence;

(e) Take official notice of facts which are of common knowledge and general notoriety;

(f) Dispose of procedural requests, including adjournments or postponements, at the request of parties or on his/her own motion;

(g) Hold prehearing conferences to aid in the prompt and efficient disposition of the proceedings;

(h) Interview and examine parties or witnesses;

(i) Consider and evaluate facts and evidence in order to make findings of fact or law;

(j) Cause a complete record of any hearing to be made; and

(k) Take any other action, consistent with applicable statutes and rules, necessary to conduct and complete the proceeding in a fair and timely manner.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 203.02 Withdrawal of Presiding Officer

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer shall, for good cause withdraw from any hearing.

(b) Good cause shall exist if a presiding officer:

(1) Has a direct interest in the outcome of a hearing, including, but not limited to, a financial or family relationship with any party; or

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 203.03 Waiver or Suspension of Rules by Presiding Officer

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the agency than would adherence to a particular rule or procedure.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 204 Filing, Format and Delivery of Documents

N.H. Code Admin. R. Ann. Res 204.01 Date of Issuance or Filing

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the department, as evidenced by a date stamp placed on the document by the department in the normal course of business.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85, EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01

N.H. Code Admin. R. Ann. Res 204.02 Format of Documents

(a) All correspondence, pleadings, motions or other documents filed under these rules shall:

(1) Be typewritten;

(2) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(3) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Res 204.03.

(b) A party or representative’s signature on a document filed with the department shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01

N.H. Code Admin. R. Ann. Res 204.03 Delivery of Documents

(a) Copies of all petitions, motions, exhibits, memorandum, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

(b) All notices, orders, decisions or other documents issued by the presiding officer or department shall be delivered to all parties to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the department by the party.

(d) When a party appears by a representative, delivery of a document to the party’s representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 205 Time Periods

N.H. Code Admin. R. Ann. Res 205.01 Computation of Time

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91
#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 206 Motions

N.H. Code Admin. R. Ann. Res 206.01 Motions; Objections

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

(d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

History

#5798, eff 3-18-94, EXPIRED: 3-18-00
#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 207 Notice and Scheduling of Hearing; Postponement; Failure to Appear

N.H. Code Admin. R. Ann. Res 207.01 Commencement of Hearing

A hearing shall be commenced by an order of the department giving notice to the parties as required by Res 207.02.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 207.02 Notice of Hearing

(a) In these rules, all notice of hearings shall:

(1) Be prepared and forwarded so as to afford all parties sufficient opportunity to prepare for and develop the issues to be considered and decided at the hearing;

(2) Be prepared in writing and forwarded to the parties in a sealed envelope, either through the United States mail or by personal service; and

(3) Be forwarded to a representative if the representative has filed an appearance on behalf of a party.

(b) All notice of hearings shall contain the following:

(1) The time, date and place of the hearing;

(2) The legal authority under which the hearing is to be held;

(3) A brief description of the reasons which have caused said hearing to be called, to include identification of any statute or rule allegedly violated by the party being notified;

(4) Notice of the existence and availability of rules relative to the conduct of the hearing, and the place said rules may be obtained;

(5) The necessity, if any, to produce documents or other articles of evidence at the hearing;

(6) A statement that each party has the right to have an attorney represent them at their own expense; and

(7) The consequence of failing to appear at the hearings as directed.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 207.03 Scheduling of Hearing

Unless otherwise provided for by statute or rule, hearings shall be scheduled as soon as practicable following the events giving rise to the necessity for such hearing. The date set for the hearing shall allow sufficient and reasonable time for preparation of the case by the department and all parties.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 207.04 Postponements

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

(c) If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record. If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 207.05 Failure to Appear

(a) Except as provided in (b), if a party to whom notice has been served in accordance with this chapter fails to appear at a hearing and fails to advise the department of non-appearance prior to the scheduled time of the hearing, he or she shall have a decision rendered against him or her which shall result in adverse administrative action by default.

(b) There shall be no decision rendered against said party if, within 7 days of the originally scheduled hearing, the party can show good cause for failing to appear at the hearing. Good cause shall include illness, accident, death of a family member, or similar problem beyond the party's control.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 208 Prehearings and Settlements

N.H. Code Admin. R. Ann. Res 208.01 Prehearing Conferences

(a) Upon motion of any party, or upon his or her own motion, the presiding officer shall schedule one or more prehearing conferences prior to the commencement of the hearing. All parties shall be provided prior notice of any prehearing conference from the presiding officer.

(b) Prehearing conferences shall include, but are not limited to, consideration of the following:

(1) Offers of settlement;

(2) Simplifications of the issues;

(3) Stipulations or admissions as to issues of fact or proof by consent of the parties;

(4) Limitations on the number of witnesses;

(5) Changes to standard procedures desired during the hearing;

(6) Consolidation or examination of witnesses by the parties; and

(7) Any other matters which will aid in the disposition of the hearing.

(c) A prehearing order incorporating the matters determined at all prehearing conferences shall be issued and served to all parties.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 208.02 Settlements

(a) Upon agreement by all parties to an offer of settlement, the presiding officer shall cause a formal document to be drawn up which specified the terms of such settlement.

(b) No settlement shall become final unless all parties sign the agreed upon document.

(d) Copies of the settlement document shall be distributed to all parties, and the original retained by the department.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 209 Appearance and Representation; Conduct of Representation

N.H. Code Admin. R. Ann. Res 209.01 Representation

(a) A party or intervenor shall have the right to represent himself or herself, or be represented by an attorney licensed in New Hampshire, or be represented by any individual whom they shall so designate.

(b) A party or the party’s representative shall file an appearance that includes:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

(3) The party or representative’s business address and telephone number.

(c) The party or their representative shall be permitted to cross examine witnesses, and present evidence and witnesses on their own behalf.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 209.02 Conduct of Representation

(a) Persons representing parties or intervenors in adjudicative hearings shall, by complying with (b) below, treat the process and the following persons with respect, fairness, and candor:

(1) All other participants including parties, intervenors, witnesses, and representatives; and

(2) Any person presiding over the hearing.

(b) Representatives shall:

(1) Not make a claim or assertion unless there is admissible evidence which supports such claim or assertion;

(2) Not dispute a claim or assertion made by another unless there is a good faith basis for doing so;

(3) Not, personally or through another, make a false or misleading statement of material fact or law during the course of the hearing;

(4) Not, personally or through another, inhibit or delay access to, conceal unprivileged evidence from other participants, or destroy unprivileged evidence before or during the hearing;

(5) Not, personally or through another, knowingly violate the requirements of any provision of this section, regardless of whether or not an advantage is gained thereby;

(6) Not, during the hearing:

a. Introduce, or attempt to introduce, evidence that is not relevant, unless there is a good faith basis for the belief that such evidence is relevant;

b. Assert personal knowledge of facts in issue;

c. Testify as a witness;

d. Offer his or her opinion as to matters at issue in the hearing, except in opening statements, closing arguments, and when requested by any person presiding over the hearing; and

e. Attempt to influence any person presiding over the hearing on an ex parte basis;

(7) Not engage in behavior that disrupts the hearing, including, but not limited to:

a. Delaying the hearing only for the sake of delay;

b. Making frivolous claims or filing frivolous motions;

c. Using language so as to be deliberately offensive or verbally abusive to any participant; and

d. Employing tactics that have no purpose other than to embarrass any participant;

(8) Not, personally or through another, contact any participant directly if the representative knows that such other person also has representation;

(9) Not, pursuant to RSA 311:7, act as a representative for another in more than 3 hearings in any 2 year period; and

(10) Not engage in any other act that is in any way dishonest or lacking in candor toward any participant or any person presiding over the hearing.

(d) If any person presiding over the hearing believes that a representative has committed misconduct during the hearing, the person shall:

(1) Warn the representative on the record, indicating the nature of the misconduct believed to have occurred, and take no further action;

(2) Inform the representative that, after the conclusion of the hearing, the person presiding over the hearing will allege misconduct by the representative; or

(3) Suspend the hearing and allege misconduct by the representative.

(e) The person presiding over the hearing shall implement:

(1) The provisions of (d)(1), above, if the misconduct alleged to have occurred does not prejudice any other participant;

(2) The provisions of (d)(2), above, if the misconduct alleged to have occurred prejudices any other participant, but action can be and is taken to mitigate any such prejudice; or

(3) The provisions of (d)(3), above, if the misconduct alleged to have occurred prejudices any other participant, but action cannot be taken to mitigate any such prejudice.

(f) Any person who, after notice and opportunity for hearing pursuant to Res 208, is found to have committed misconduct shall be barred from appearing as a representative before the department:

(1) For the first act of misconduct the bar shall be for 6 months;

(2) For the second act of misconduct the bar shall be for one year; and

(3) For the third or subsequent act of misconduct the bar shall be permanent.

(g) Notwithstanding (f)(3), above, a representative who has been permanently barred from appearing before the department may, after 5 years from the date of the permanent bar order, petition to have the bar lifted. The petition shall provide the information required by (h), below.

(h) Each petition to remove a permanent bar from appearing as a representative before the department shall:

(1) Provide the name, address and telephone number of the representative;

(2) Be addressed to the commissioner;

(3) State good cause why the department should lift the bar;

(4) Be typewritten;

(5) Be signed and dated by the representative; and

(6) Be mailed or hand-delivered to:

Office of the Commissioner

Department of Resources and Economic Development

172 Pembroke Road

P.O. Box 1856

Concord, New Hampshire 03302-1856

(i) Petitions to remove a permanent bar order shall be received and disposed of as follows:

(1) Be submitted to the office of the commissioner;

(3) Within 30 days of receipt of a petition that complies with Res 209.01(h), the commissioner shall take one of the following actions:

a. Initiate the removal of the permanent bar order if the commissioner determines, based on the information provided in the petition, that the misconduct that led to the permanent bar is unlikely to be repeated; or

b. Deny the petition, in writing, stating fully the reasons for denial.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 210 Right to Intervention

N.H. Code Admin. R. Ann. Res 210.01 Intervention

(a) A non-party may intervene in a matter pending before the department under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party’s rights or other substantial interests might be affected by the hearing or that the non-party qualifies as an intervenor under any provision of law.

(b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 211 Roles of Department Staff and Complainants

N.H. Code Admin. R. Ann. Res 211.01 Role of Department Staff in Enforcement or Disciplinary Hearings

Unless called as witnesses, department staff shall have no role in any enforcement or disciplinary hearing.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 211.02 Role of Complainants in Enforcement or Disciplinary Hearings

Unless called as a witness or granted party or intervenor status, a person who initiates a hearing by complaining to the department about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 212 Record, Proof, Evidence and Decisions

N.H. Code Admin. R. Ann. Res 212.01 Record of the Hearing

(a) The presiding officer shall cause all oral hearings under this chapter to be recorded verbatim. Said recordings shall become part of the record for decision and shall be available to all parties for examination and copying.

(b) The presiding officer shall make available a copy of the recording or transcription to any party requesting such within 30 days of such request. The requesting party shall pay all actual costs for such transcriptions or copies of the recording.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 212.02 Standard and Burden of Proof

In all hearings governed by this chapter the party asserting the affirmative of a proposition shall bear the burden of proving the truth of that proposition by a preponderance of the evidence.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 212.03 Order of Proceeding

(a) Any person offering testimony, evidence or argument shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.

(b) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call; and

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 212.04 Evidence

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) All relevant, material evidence shall be admissible.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 213 Conclusion; Closing and Reopening Records

N.H. Code Admin. R. Ann. Res 213.01 Conclusion of Hearing

No party shall be required to rest his or her case at a particular time, except when the presiding officer is reasonably certain that all relevant evidence, cross-examination and rebuttal have been heard.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 213.02 Closing the Record

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by paragraph (b) of this section and Res 214.03.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 213.03 Reopening the Record

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer's own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 214 Decisions and Orders

N.H. Code Admin. R. Ann. Res 214.01 Decisions

(a) All decisions rendered by the presiding officer shall be:

(1) Made on the basis of the evidence of record only;

(2) Based upon a presentation of the evidence of record; and

(3) Issued in writing or stated in the record.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 214.02 Orders

(a) Within a reasonable time after conclusion of the hearing, the presiding officer shall issue an order stating the action to be taken by the department and the reason therefor. Said order shall be sent to the affected person through the United States mail, or by personal delivery.

(b) Said order shall constitute a final decision on the part of the department.

(c) The department shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 215 Motion for Rehearing

N.H. Code Admin. R. Ann. Res 215.01 Filing and Content of Motion

(a) A motion for rehearing shall be filed within 30 days of the date of the department’s decision or order.

(b) A motion for rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2) Describe how each error causes the department’s decision to be:

a. Unlawful, unjust or unreasonable;

b. Illegal in respect to jurisdiction, authority or observance of the law;

c. An abuse of discretion; or

d. Arbitrary or capricious;

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 215.02 Standard for Granting Motion for Rehearing

A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the department’s decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion or arbitrary, unreasonable or capricious.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

N.H. Code Admin. R. Ann. Res 215.03 Decision on Motion for Rehearing

The department shall grant or deny a motion for rehearing, or suspend the decision or order pending further consideration within 10 days of the filing of the motion for rehearing.

History

#7568-A, eff 10-1-01, EXPIRED: 7-1-18

Part Res 216 Request for Department Statement Explaining Rule

N.H. Code Admin. R. Ann. Res 216.01 Requests for Rule Explanation

(a) Within 30 days after the adoption of a rule, any interested person may request that the department, through the commissioner, issue a statement explaining the following:

(1) The principle reasons for and against adoption of the rule in its final form; and

(2) Reasons why the department overruled arguments and considerations against the rule.

(b) Rule explanation requests shall be received and disposed of in the following manner:

(1) Requests shall be submitted to the office of the commissioner;

(2) When a request for rule explanation has been received by the commissioner, the commissioner shall issue a statement responsive to the request within 60 days. The statement shall provide the information required by (a), above.

History

#7568-B, eff 10-1-01, EXPIRED: 10-1-09

N.H. Code Admin. R. Ann. Res 216.02 Requests for Rule Explanation Requirements

(a) Each request for rule explanation shall provide the following information:

(1) The name and address of the interested person; and

(2) The rule number and title;

(b) The request shall be addressed to the commissioner.

(d) The interested person shall sign and date the request.

(e) The request shall be mailed or hand-delivered to:

Office of the Commissioner

Department of Resources and Economic Development

172 Pembroke Road

P.O. Box 1856

Concord, New Hampshire 03302-1856

APPENDIX

Provision of the Proposed Rule

Specific State or Federal Statutes or Regulations which the Rule is intended to implement

Res 201

RSA 541-A:1 and RSA 541-A:30-a, II

Res 202

RSA 541-A:29

Res 203.01

RSA 541-A:29-39

Res 203.02

RSA 541-A:30-a, III(k) and RSA 541-A:36

Res 203.03

RSA 541-A:22, IV and RSA 541-A:30-a, III(j)

Res 204

RSA 541-A:29-35 and RSA 541-A:30-a, III(a)

Res 205

RSA 541-A:29-35 and RSA 541-A:30-a, III(f)

Res 206

RSA 541-A:29-35 and RSA 541-A:30-a, III(a)

Res 207.01

RSA 541-A:31, I and II

Res 207.02

RSA 541-A:31, III

Res 207.03

RSA 541-A:31, I and II

Res 207.04

RSA 541-A:30-a, III(h)

Res 207.05

RSA 541-A:29-39

Res 208.01

RSA 541-A:31, V and RSA 541-A:38

Res 208.02

RSA 541-A:31, V(c) and RSA 541-A:38

Res 209

RSA 311:1, 311:7 and RSA 541-A:30-a, III(b)

Res 210

RSA 541-A:30-a, III(g) and RSA 541-A:32

Res 211

RSA 541-A:30-a, III(g)

Res 212.01

RSA 541-A:31, VI

Res 212.02

RSA 541-A:30-a, III(d) and (e)

Res 212.03 and Res 212.04

RSA 541-A:33

Res 213.01

RSA 541-A:31, VI(c) and RSA 541-A:35

Res 213.02

RSA 541-A:31 and RSA 541-A:33

Res 213.03

RSA 541-A:30-a, III(i), 541-A:31 and 33

Res 214.01

RSA 541-A:30-a, III(e), 541-A:34 and 35

Res 214.02

RSA 541-A:30-a, III(l) and RSA 541-A:35

Res 215.01 and Res 215.02

Chapter 541

Res 215.03

RSA 541:3

Res 215.04

RSA 541:4

Res 215.05

RSA 541:5

Res 216

RSA 541-A:11, VII

History

#7568-B, eff 10-1-01, EXPIRED: 10-1-09

Chapter Res 1100 Natural Heritage Program - Expired

Part Res 1101 Purpose

N.H. Code Admin. R. Ann. Res 1101.01 Purpose

The rules have been established to provide protective measures and requirements necessary for the survival of all species of native plants in the state, as well as, to investigate and develop information pertaining thereto. The rules implement, at the state level, programs created as a result of the Endangered Species Act of 1973, Public Law 93‑205, as amended.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

Part Res 1102 Definitions

N.H. Code Admin. R. Ann. Res 1102.01 Definitions

(a) "Commissioner" means "commissioner" as defined in RSA 217-A:3, I-a, namely "the commissioner of the department of resources and economic development."

(b) "Department" means "department" as defined in RSA 217-A:3, II, namely "the department of resources and economic development."

(c) "Endangered species" means "endangered species" as defined in RSA 217-A:3, III, namely "any species of plant that is in danger of extinction throughout all or a significant portion of its range within the state, or any species determined to be an endangered species pursuant to the Endangered Species Act."

(d) "Endangered Species Act" means "Endangered Species Act" as defined in RSA 217-A:3, IV, namely "the Endangered Species Act of 1973, Public Law 93-205, as amended."

(e) "Natural heritage bureau" means "natural heritage bureau" as defined in RSA 217-A:3, XVI, namely " the bureau, as established by 1986, 195, administered within the division of forests and lands of the department of resources and economic development which collects and analyzes data on the status, location, and distribution of rare or declining native plant species and exemplary natural communities in the state, and develops and implements measures for the protection, conservation, enhancement and management of native New Hampshire plants."

(f) "Natural heritage inventory" means "natural heritage inventory" as defined in RSA 217-A:3, XV, namely "the list of protected species developed in accordance with RSA 215-A:5, I and II."

(g) "Person" means "person" as defined in RSA 217-A:3, V, namely "an individual, corporation, company, association, society, firm, partnership, joint stock company, or any department or instrumentality of the federal government, of any state or its political subdivisions, or of any foreign government."

(h) "Plant" means "plant" as defined in RSA 217-A:3, VI, namely "any member of the plant kingdom, including seeds, roots, and other parts of plants."

(i) "Protect" and "protection" means "protect" and "protection" as defined in RSA 217-A:3, VII, namely "to use and the use of all methods and procedures that are necessary to bring any species to the point at which the measures provided pursuant to this chapter are no longer necessary. Such methods and procedures include, but are not limited to, all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition, and maintenance."

(j) "Protected species" means "protected species" as defined in RSA 217-A:3, VIII, namely "any plant species designated as endangered, threatened, or of special concern under this chapter."

(k) "Special concern species" means "special concern species" as defined in RSA 217-A:3, IX, namely "any species of plant that does not meet the criteria for endangered or threatened but which, in the judgment of the department, because of its beauty, economic value, excessive collecting, or other unique qualities requires monitoring or regulation under this chapter."

(l) "Species" means "species" as defined in RSA 217-A:3, X, namely "any species, subspecies, or variety of plant."

(m) "Threatened species" means "threatened species" as defined by RSA 217-A:3, XII, namely "any species of plant likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the state, or any species of plant to be determined to be a threatened species pursuant to the Endangered Species Act."

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

Part Res 1103 Criteria for the Natural Heritage Inventory

N.H. Code Admin. R. Ann. Res 1103.01 Endangered Species

(a) The natural heritage inventory of endangered species shall contain the following types of species:

(1) All species occurring in New Hampshire determined to be an endangered species pursuant to RSA 217‑A:5; and

(2) Native plants having 3 or fewer occurrences in the state within the last 50 years, or plants with more than 3 occurrences which are, in the judgment of botanical experts, especially vulnerable to extirpation.

(b) Any plant found to comply with (a) above, for which a petition conforming with Res 202.01 and Res 1104 has been submitted, shall be added to this natural heritage inventory.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1103.02 Threatened Species

(a) The natural heritage inventory of threatened species shall contain the following types of species:

(1) All species occurring in New Hampshire determined to be a threatened species pursuant to RSA 217‑A:5;

(2) Former federal candidate species, as listed in table 1100.3, occurring in New Hampshire which are not contained on the natural heritage inventory of endangered species as contained in Res 1108.01; and

(3) Native plants documented as having 10 or fewer natural occurrences within the last 20 years or are otherwise vulnerable to extirpation due to habitat loss or other factors.

(b) Any plant found to comply with (a) above, for which a petition conforming with Res 202.01 and Res 1104 has been submitted, shall be added to this natural heritage inventory.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1103.03 Special Concern Species

(a) The natural heritage inventory of special concern species shall contain any native species not meeting the requirements for Res 1103.01 or Res 1103.02 and which are vulnerable to collection without landowner consent due to their showy nature or require monitoring to assure that excessive collecting or other taking does not result in the need to add any species to the inventory of threatened or endangered species.

(b) Any plant found to comply with (a) above, for which a petition conforming with Res 202.01 and Res 1104 has been submitted, shall be added to the natural heritage inventory.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

Part Res 1104 Request for Natural Heritage Inventory

N.H. Code Admin. R. Ann. Res 1104.01 Petition for Adding and Deleting from the Natural Heritage Inventory

(a) All petitions for adding and deleting species from the natural heritage inventory as "endangered", "threatened" or "special concern" shall be made through the petition process as described in Res 202.01.

(b) The petitioner shall provide the following information:

(1) Petitioner's name and address;

(2) Date of petition;

(3) Scientific and common name of species;

(4) Taxonomic distinctiveness/taxonomic problem;

(5) Applicant's reasons for petitioning;

(6) Documentation of occurrence;

(7) Locality of occurrence; and

(8) Signature of applicant.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1104.02 Documentation

All petitions shall document occurrences of species by herbarium specimens or good quality photographs.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

Part Res 1105 Conservation Programs

N.H. Code Admin. R. Ann. Res 1105.01 Information

The public may obtain information regarding protected plant species as described in Res 103.01.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1105.02 Projects by State Agencies

(a) Projects initiated by state agencies which involve changes in land use or which would otherwise impact plant life shall be submitted to the natural heritage bureau which shall assess the potential impact on species contained in Res 1108.01, Res 1108.02 and Res 1108.03.

(b) Each agency shall submit the following information:

(1) Name of agency;

(2) Project contact person;

(3) Date;

(4) Description of proposed project;

(5) Map identifying project area at a scale of 1:24,000; and

(6) Proposed timetable of project.

(c) The natural heritage bureau shall review the information supplied, and report on the actual or potential presence of species contained in Res 1108.01, Res 1108.02, and Res 1108.03 and assess any potential impact on these species. If there is probable cause to believe that species listed on the natural heritage inventory shall be impacted by the project, the natural heritage bureau shall make recommendations based on the known biology and ecology of the species in question to provide for the survival of these species at the project site.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

Part Res 1106 Agreements and Procedures

N.H. Code Admin. R. Ann. Res 1106.01 Agreements to Protect

Agreements with persons, state or federal agencies to protect endangered or threatened species shall be in the form of a written agreement acceptable to all parties, and as approved by the attorney general.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1106.02 Receipt and Acceptance of Funds

Pursuant to the department of administrative services’ manual of procedures, the department shall receive and expend funds for the purpose of establishing programs to protect endangered or threatened plant species.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1106.03 Acquisition of Real Property

Pursuant to RSA 4:29, the department shall acquire real property by purchase or gift for the purpose of protecting species listed under Res 1108.01 and Res 1108.02.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

Part Res 1107 Waivers

N.H. Code Admin. R. Ann. Res 1107.01 Waivers

As authorized by RSA 217-A:10, III, the department shall grant exceptions to these rules for the following reasons:

(a) To conduct scientific investigations; and

(b) To enhance the propagation or survival of a protected species.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1107.02 Permit for Waiver Required

(a) All parties seeking a waiver as authorized by RSA 217‑A:10, III, shall apply for a permit.

(b) The application shall be in letter form and shall be reviewed by the natural heritage bureau and shall be acted upon by the commissioner.

(1) Applicant's name and address;

(2) Date of application;

(3) Applicant's affiliation, such as business, college or organization;

(4) If applicant is a student, name of faculty advisor;

(5) Purpose of permit request;

(6) Duration of study;

(7) Location of study area; and

(8) Signature of applicant.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

N.H. Code Admin. R. Ann. Res 1107.03 Notification

After submitting an application in accordance with Res 1107.02, the following procedure shall occur:

(a) All applications shall be reviewed according to the reasons set forth in Res 1107.01 and either be approved or denied within 30 days after receipt of application; and

(b) Should the application be denied, the department shall provide written reasons explaining how the application does not comply with Res 1107.01.

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #9479, eff 6-1-09, EXPIRED: 6-1-17

Part Res 1108 Natural Heritage Inventory

N.H. Code Admin. R. Ann. Res 1108.01 Endangered Plant Species

(a) The following inventory, listed by scientific and common name, shall contain all endangered and threatened plant species pursuant to the Endangered Species Act, Public Law 93‑205, as amended:

Table 1100.1 Federally Listed Rare Plant Species

Scientific Name

Common Name

Astragalus robbinsii var. jesupii

jesup's milk vetch

Isotria medeoloides

small whorled pogonia

Scirpus ancistrochaetus

northeastern bulrush

(b) The following inventory, listed by scientific and common name, shall contain all endangered plant species meeting the criteria in Res 1103.01:

Table 1100.2 State Listed Endangered Plant Species

Scientific Name

Common Name

Acalypha virginica

three-seeded mercury

Adlumia fungosa

climbing fumitory

Allium canadense

wild garlic

Allium schoenoprasum

siberian chives

Amerorchis rotundifolia

one-leaf orchis

Amphicarpaea bracteata var. comosa

hog-peanut

Anemone cylindrica

long-fruited anemone

Arabis hirsuta var. pycnocarpa

hairy rock cress

Arabis laevigata

smooth rock cress

Arctostaphylos alpina

alpine bearberry

Arisaema dracontium

green dragon

Aristida longespica var. geniculata

spiked needle grass

Aristida tuberculosa

sea‑beach needle grass

Arnica lanceolata

hairy arnica

Asclepias purpurascens

purple milkweed

Asclepias tuberosa

butterfly weed

Asplenium rhizophyllum

walking fern

Astragalus robbinsii var. jesupii

jesup’s milk vetch

Aureolaria virginica

downy false foxglove

Barbarea orthoceras

american winter cress

Betula pumila

swamp birch

Bidens laevis

smooth bidens

Bromus kalmii

kalm's brome grass

Bromus pubescens

hairy brome grass

Calamagrostis canadensis var. langsdorfii

harsh bluejoint

Calamagrostis cinnoides

nuttall’s reedgrass

Calamagrostis stricta ssp. stricta

neglected reedgrass

Calypso bulbosa var. americana

fairy slipper

Calystegia spithamea

low bindweed

Cardamine bellidifolia

alpine bitter cress

Cardamine bulbosa

bulbous bitter cress

Cardamine concatenata

cutleaf toothwort

Cardamine longii

long’s bitter cress

Carex aestivalis

summer sedge

Carex atherodes

awned sedge

Carex atratiformis

black sedge

Carex aurea

golden-fruited sedge

Carex baileyi

bailey’s sedge

Carex bullata

inflated sedge

Carex buxbaumii

buxbaum's sedge

Carex capillaris

hair-like sedge

Carex capitata ssp. arctogena

head-like sedge

Carex castanea

chestnut sedge

Carex chordorrhiza

creeping sedge

Carex cumulata

piled-up sedge

Carex diandra

lesser panicled sedge

Carex eburnea

ebony sedge

Carex exilis

meagre sedge

Carex garberi

garber's sedge

Carex glaucodea

flaccid sedge

Carex granularis

granular sedge

Carex hitchcockiana

hitchcock’s sedge

Carex livida

livid sedge

Carex polymorpha

many forms sedge

Carex retroflexa

reflexed sedge

Carex rostrata

swollen-beaked sedge

Carex seorsa

separated sedge

Carex siccata

hay sedge

Carex sparganioides

bur sedge

Carex stiata var. brevis

walter’s sedge

Carex tenuiflora

thin-flowered sedge

Carex trichocarpa

hairy-fruited sedge

Carex umbellata

hidden sedge

Carex wiegandii

wiegand’s sedge

Castilleja septentrionalis

pale painted cup

Cenchrus longispinus

common sandbur

Chamaecrista nictitans

wild sensitive senna

Chenopodium foggii

fogg’s goosefoot

Chenopodium rubrum

coast-blite goosefoot

Cirsium horridulum

yellow thistle

Collinsonia canadensis

canada horsebalm

Corallorhiza odontorhiza

autumn coralroot

Corydalis aurea

golden corydalis

Crassula aquatica

pygmy weed

Crotalaria sagittalis

arrow‑headed rattlebox

Cuscuta pentagona

five‑angled dodder

Cynoglossum virginianum var. boreale

wild comfrey

Cyperus grayi

gray's umbrella sedge

Cyperus houghtonii

houghton’s umbrella sedge

Cyperus squarrosus

incurved umbrella sedge

Cypripedium arietinum

ram's‑head lady’s slipper

Cypripedium parviflorum var. makasin

yellow lady's slipper

Cypripedium reginae

showy lady's slipper

Desmodium cuspidatum

toothed tick trefoil

Desmodium marilandicum

maryland tick trefoil

Desmodium obtusum

stiff tick trefoil

Dichanthelium sphaerocarpon

spherical panic grass

Digitaria filiformis

slender crabgrass

Diphasiastrum sitchense

sitka clubmoss

Diplazium pycnocarpon

narrow‑leaved spleenwort

Draba breweri var. cana

lance‑leaved draba

Eleocharis diandra

wright’s spike-rush

Eleocharis erythropoda

bald spike-rush

Eleocharis nitida

neat spike-rush

Eleocharis quinqueflora

few‑flowered spike‑rush

Eleocharis tuberculosa

tubercled spike‑rush

Epilobium anagallidifolium

alpine willowherb

Epilobium lactiflorum

white-flower willowherb

Equisetum palustre

marsh horsetail

Eragrostis frankii

frank’s love grass

Eragrostis hypnoides

moss love grass

Eriophorum angustifolium

narrow‑leaved cotton‑grass

Eupatorium fistulosum

tubular thoroughwort

Eupatorium pubescens

hairy boneset

Eupatorium sessilifolium var. brittonianum

upland boneset

Euphrasia oakesii

oakes' eyebright

Euthamia caroliniana

grassleaf goldenrod

Festuca prolifera

proliferous fescue

Galium obtusum

large marsh bedstraw

Galium pilosum

hairy bedstraw

Gentianella quinquefolia

stiff gentian

Geocaulon lividum

northern comandra

Geranium carolinianum var. carolinianum

carolina cranesbill

Geranium carolinianum var. confertiflorum

cranesbill

Glyceria acutiflora

sharp-flowered mannagrass

Hackelia deflexa var. americana

nodding stickseed

Halenia deflexa

spurred gentian

Harrimanella hypnoides

moss-plant

Heteranthera dubia

water stargrass

Hibiscus moscheutos

seaside mallow

Hieracium robinsonii

robinson's hawkweed

Hippuris vulgaris

common mare’s tail

Hottonia inflata

featherfoil

Houstonia longifolia

long-leaved bluets

Huperzia selago

northern firmoss

Hypericum ascyron

great st. johns-wort

Hypoxis hirsuta

hairy stargrass

Ilex glabra

inkberry

Isoetes engelmannii

engelmanns quillwort

Isoetes lacustris

large-spored quillwort

Isoetes riparia

river bank quillwort

Isotria verticillata

large whorled pogonia

Juncus alpinoarticulatus

alpine rush

Juncus brachycephalus

short-fruited rush

Juncus dichotomous

flat-leaved rush

Juncus secundus

one‑sided rush

Juncus stygius var. americanus

moor rush

Juniperus horizontalis

creeping juniper

Lechea tenuifolia

slender pinweed

Lemna trisulca

star duckweed

Lemna valdiviana

pale duckweed

Leptochloa fusca ssp. fascicularis

salt-meadow grass

Lespedeza procumbens

trailing bush‑clover

Lespedeza virginica

slender bush-clover

Leymus mollis

sea lyme grass

Liatris scariosa var. novae-angliae

northern blazing star

Lilium superbum

turk's cap lily

Limosella australis

mudwort

Lindernia dubia var. anagallidea

false pimpernel

Lipocarpha micrantha

dwarf bulrush

Listera auriculata

auricled twayblade

Luzula confusa

northern woodrush

Lycopodiella appressa

slender bog clubmoss

Lygodium palmatum

climbing fern

Malaxis monophyllos ssp. brachypoda

white adder's mouth

Megalodonta beckii

water marigold

Menispermum canadense

yellow parilla

Mertensia maritima

oyster plant

Mimulus moschatus

muskflower

Minuartia glabra

smooth sandwort

Minuartia michauxii

rock sandwort

Muhlenbergia sobolifera

sprout muhlenbergia

Muhlenbergia tenuiflora

slender-flowered muhlenbergia

Myriophyllum farwellii

farwell’s water milfoil

Nabalus boottii

boott’s rattlesnake root

Nabalus serpentarius

gall-of-the-earth

Nuphar microphylla

tiny cowlily

Oligoneuron album

snowy aster

Omalotheca supina

mountain cudweed

Osmorhiza berteroi

mountain sweet cicely

Oxyria digyna

mountain sorrel

Packera obovata

round-leaved ragwort

Panicum philadelphicum

philadelphia panic grass

Panicum rigidulum ssp. pubescens

long-leaved panic grass

Pellaea atropurpurea

purple cliffbrake

Persicaria robustior

robust knotweed

Persicaria vivipara

viviparous knotweed

Petasites frigidus var. palmatus

sweet coltsfoot

Phleum alpinum

alpine timothy

Physostegia virginiana

lion’s head

Pinguicula vulgaris

common butterwort

Pinus banksiana

jack pine

Piptatherum canadense

canadian mountain rice

Pluchea odorata var. succulenta

salt marsh fleabane

Poa glauca

white bluegrass

Poa laxa ssp. fernaldiana

wavy bluegrass

Poa pratensis ssp. alpigena

alpine meadow grass

Polygala cruciata var. aquilonia

cross polygala

Polygonum douglasii

douglas’ knotweed

Polygonum erectum

erect knotweed

Polygonum prolificum

prolific knotweed

Polygonum tenue

slender knotweed

Potamogeton alpinus

thin-leaved alpine pondweed

Potamogeton foliosus

leafy pondweed

Potamogeton nodosus

knotty pondweed

Potamogeton praelongus

white-stem pondweed

Potamogeton pusillus ssp. gemmiparus

budding pondweed

Potamogeton vaseyi

vasey’s pondweed

Potamogeton zosteriformis

flatstem pondweed

Potentilla robbinsiana

dwarf cinquefoil

Proserpinaca pectinata

mermaidweed

Prunus americana

american plum

Pseudognaphalium micradenium

heller’s sweet everlasting

Pterospora andromedea

giant pinedrops

Puccinellia tenella ssp. langeana

tundra alkali grass

Pycnanthemum incanum

hoary mountain mint

Pycnanthemum torrei

torry's mountain mint

Pycnanthemum virginianum

virginian mountain mint

Pyrola asarifolia

pink wintergreen

Quercus macrocarpa

mossy-cup oak

Ranunculus ambigens

water‑plantain spearwort

Ranunculus fascicularis

early buttercup

Rhinanthus minor ssp. groenlandicus

yellow rattle

Rhododendron periclymenoides

pink azalea

Rhynchospora capillacea

needle beak sedge

Rosa acicularis ssp. sayi

prickly rose

Rotala ramosior

lowland toothcup

Rubus cuneifolius

wedge sand blackberry

Rumex pallidus

white dock

Sagina nodosa ssp. borealis

greater pearlwort

Sagittaria cuneata

wapato

Sagittaria teres

quill-leaved sagittaria

Salicornia bigelovii

dwarf glasswort

Salix argyrocarpa

silver willow

Salix herbacea

dwarf willow

Salix pellita

satin williow

Sanicula canadensis

short-styled sanicle

Sanicula odorata

cluster sanicle

Sanicula trifoliata

beaked sanicle

Sarcocornia perennis

woody glasswort

Saxifraga cernua

nodding saxifrage

Saxifraga paniculata ssp. neogaea

livelong saxifrage

Saxifraga rivularis

alpine brook saxifrage

Scirpus georgianus

georgia bulrush

Scirpus longii

long’s bulrush

Scirpus pendulus

lined bulrush

Scirpus polyphyllus

leafy bulrush

Scleria pauciflora

few-flower nutrush

Scleria reticularis

reticulated nutrush

Sclerolepis uniflora

sclerolepis

Senna hebecarpa

wild senna

Sericocarpus linifolius

white-topped aster

Sibbaldia procumbens

sibbaldia

Silene acaulis

moss campion

Sisyrinchium mucronatum

mucronated blue-eyed grass

Solidago patula

square-stem goldenrod

Sparganium androcladum

branching bur-reed

Sphagnum angermanicum

peat moss

Sphagnum brevifolium

peat moss

Sphagnum flavicomans

peat moss

Sphagnum lindbergii

peat moss

Sphagnum subfulvum

peat moss

Sphenopholis obtusata

blunt sphenopholis

Spiranthes casei

case's ladies’ tresses

Sporobolus neglectus

small dropseed

Staphylea trifolia

bladdernut

Stuckenia filiformis ssp. alpina

northern slender pondweed

Stuckenia pectinata

sago pondweed

Symphyotrichum ciliolatum

ciliated aster

Symphyotrichum patens

skydrop aster

Symphyotrichum tenuifolium

large salt marsh aster

Tephrosia virginiana

goat's rue

Thalictrum thalictroides

rue anemone

Triantha glutinosa

sticky false asphodel

Trichomanes intricatum

appalachian filmy fern

Triosteum aurantiacum

orange horse‑gentian

Triplasis purpurea

sand grass

Trisetum melicoides

bristle grass

Uvularia grandiflora

large‑flowered bellwort

Uvularia perfoliata

perfoliate bellwort

Valeriana uliginosa

marsh valerian

Veronica wormskjoldii

alpine speedwell

Viburnum rafinesquianum

downy arrowwood

Viola nephrophylla

kidney-leaved violet

Viola palustris

alpine marsh violet

Vulpia octoflora var. glauca

six weeks fescue

Waldsteinia fragarioides

barren strawberry

Woodsia glabella

smooth woodsia

Woodsia obtusa

blunt-lobe woodsia

Woodwardia areolata

netted chain fern

Zannichellia palustris

horned pondweed

Zanthoxylum americanum

northern prickly ash

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #8386, eff 6-25-05, EXPIRED: 6-25-13

N.H. Code Admin. R. Ann. Res 1108.02 Threatened Plant Species

(a) The following inventory, listed by scientific and common name, shall contain all threatened plant species pursuant to the Endangered Species Act, Public Law 93‑205, as amended:

Table 1100.3 Former Federal Candidate Plant Species

Scientific Name

Common Name

Cardamine longii

long's bitter‑cress

Carex polymorpha

variable sedge

Prenanthes boottii

boott's rattlesnake‑root

(b) The following inventory, listed by scientific and common name, shall contain all threatened plant species meeting the criteria in Res 1103.02:

Table 1100.4 State Listed Threatened Plant Species

Scientific Name

Common Name

Acer nigrum

black maple

Agalinis maritima

salt‑marsh gerardia

Ammophila breviligulata

beach grass

Arabis canadensis

sicklepod

Arabis missouriensis

missouri rock cress

Arethusa bulbosa

arethusa

Artemisia campestris ssp. caudata

tall wormwood

Asclepias amplexicaulis

blunt‑leaved milkweed

Asclepias quadrifolia

four‑leaved milkweed

Aureolaria pedicularia var. intercedens

fern-leaved false foxglove

Betula glandulosa

dwarf birch

Betula minor

small birch

Betula nigra

river birch

Calamagrostis pickeringii

pickering's bluejoint

Calamagrostis stricta ssp. inexpansa

new england northern reedgrass

Carex albursina

sheldon’s sedge

Carex backii

back’s sedge

Carex bigelowii

bigelow’s sedge

Carex cristatella

small-crested sedge

Carex nigra

goodenough’s sedge

Carex scirpoidea

scirpus‑like sedge

Celtis occidentalis

hackberry

Clematis occidentalis

purple clematis

Conopholis americana

american cancerroot

Cryptogramma stelleri

slender cliffbrake

Cypripedium parviflorum var. pubescens

large yellow lady’s slipper

Desmodium rotundifolium

prostrate tick trefoil

Diapensia lapponica

diapensia

Dicentra canadensis

squirrel corn

Dryopteris fragrans

fragrant fern

Dryopteris goldiana

goldie's fern

Eleocharis intermedia

matted spike-rush

Eleocharis ovata

ovoid spike-rush

Eleocharis parvula

small spike‑rush

Eleocharis uniglumis

salt-loving spike-rush

Epilobium hornemanni

hornemann's willowherb

Galearis spectabilis

showy orchis

Galium kamtschaticum

northern wild licorice

Gaylussacia dumosa

dwarf huckleberry

Gentianopsis crinita

fringed gentian

Geum peckii

mountain avens

Hackelia virginiana

stickseed

Hierochloe alpina var. orthantha

alpine sweet grass

Hudsonia ericoides

golden heather

Hudsonia tomentosa var. intermedia

hairy hudsonia

Hudsonia tomentosa var. tomentosa

hairy hudsonia

Huperzia appalachiana

mountain firmoss

Hydrophyllum virginianum

northern waterleaf

Iris prismatica

slender blue flag

Isotria medeoloides

small whorled pogonia

Iva frutescens ssp. oraria

marsh elder

Lilaeopsis chinensis

eastern lilaeopsis

Liparis loeselii

loesel's twayblade

Listera convallarioides

lily‑leaved twayblade

Listera cordata

heart‑leaved twayblade

Lobelia kalmii

kalm's lobelia

Losieleuria procumbens

alpine azalea

Lupinus perennis

wild lupine

Luzula spicata

spiked woodrush

Lysimachia thyrsiflora

tufted loosestrife

Malaxis unifolia

green adder's mouth

Mikania scandens

climbing hempweed

Ophioglossum pusillum

northern adder’s tongue

Packera paupercula

dwarf ragwort

Panax quinquefolius

ginseng

Parnassia glauca

grass‑of‑parnassus

Paronychia argyrocoma

silverling

Paronychia canadensis

smooth‑forked chickweed

Phyllodoce caerulea

mountain heath

Platanthera flava var. herbiola

pale green orchis

Potamogeton obtusifolius

bluntleaf pondweed

Rhododendron lapponicum

lappland rosebay

Rhododenron maximum

giant rhododendron

Rubus chamaemorus

baked apple berry

Sagittaria rigida

sessile-fruited arrowhead

Salix interior

sandbar willow

Salix planifolia

tea‑leaved willow

Salix uva-ursi

bearberry willow

Samolus valerandi ssp. parviflorus

false water pimpernel

Scirpus ancistrochaetus

northeastern bulrush

Solidago cutleri

cutler’s goldenrod

Solidago odora

sweet goldenrod

Sparganium eurycarpum

large bur‑reed

Sphagnum andersonianum

peat moss

Sphagnum contortum

peat moss

Sphagnum majus ssp. norvegicum

peat moss

Sphagnum pylaesii

peat moss

Sphagnum riparium

peat moss

Sphagnum wulfianum

peat moss

Spiranthes lucida

shining ladies’ tresses

Sporobolus cryptandrus

sand dropseed

Subularia aquatica var. americana

awlwort

Teucrium canadense var. virginicum

canadian germander

Triphora trianthophora

three‑birds orchid

Utricularia resupinata

reversed bladderwort

Vaccinium boreale

alpine blueberry

Vaccinium cespitosum

dwarf bilberry

Vahlodea atropurpurea

mountain hairgrass

Viola pedata

bird's‑foot violet

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #8386, eff 6-25-05, EXPIRED: 6-25-13

N.H. Code Admin. R. Ann. Res 1108.03 Special Concern Plant Species

The following inventory, listed by scientific and common name, shall contain all special concern species meeting the criteria in Res 1103.03:

Table 1100.5 State Special Concern Plant Species

Scientific Name

Common Name

Allium tricoccum var. burdickii

narrow-leaf wild leek

Allium tricoccum var. tricoccum

wild leek

Asarum canadense

wild ginger

Caulophyllum giganteum

giant blue cohosh

Caulophyllum thalictroides

blue cohosh

Limonium carolinianum

sea lavender

Matteuccia struthiopteris var. pensylvanica

ostrich fern

Sanguisorba canadensis

canadian burnet

Ulmus rubra

slippery elm

APPENDIX I

PLANT NOMENCLATURE FOR NATURAL HERITAGE INVENTORY

Fernald, M.L. 1970. Gray’s Manual of Botany, Eighth Editionl. Dioscorides Press, Portland, OR.

Flora of North America Editorial Committee. 1993a. Flora of North America North of Mexico, Volume 1. Oxford University Press, New York.

Flora of North America Editorial Committee. 1993b. Flora of North America North of Mexico, Volume 2. Oxford University Press, New York.

Flora of North America Editorial Committee. 1997. Flora of North America North of Mexico, Volume 3. Oxford University Press, New York.

Gleason, H.A. and A. Cronquist. 1991. Manual of Vascular Plants of Northeastern United States and Adjacent Canada. The New York Botanical Garden, Bronx, NY.

Kartesz, J.T. 1994. A Synonymized Checklist of the Vascular Flora of the United States, Canada, and Greenland, Second Edition. Biota of North America Program, North Carolina Botanical Garden. Timber Press, Portland, OR.

New Hampshire Natural Heritage Inventory. 2000. Rare and Imperiled Plants of New Hampshire. Department of Resources and Economic Development, Division of Forests and Lands. Concord, NH.

Voss, E.G. 1972. Flora of Michigan. University of Michigan Press, Ann Arbor, MI.

APPENDIX II

Rule

Specific State or Federal Statutes or Regulations the Rule Implements

Res 1101

RSA 217-A:2, III

RSA 217-A:4

RSA 217-A:5, II

RSA 217-A:6, I

RSA 217-A:7

RSA 217-A:9, III

RSA 217-A:10, I

Res 1102

RSA 217-A:3

RSA 541-A:7

Res 1103

RSA 217-A:2, II

RSA 217-A:5, II and IV

Res 1104

RSA 217-A:5, IV

Res 1105.01

RSA 91-A:4

Res 1105.02

RSA 217-A:2, III

RSA 217-A:5, II

RSA 217-A:6, II

Res 1106.01

RSA 217-A:6, II

Res 1106.02

RSA 217-A:6, III

Res 1106.03

RSA 217-A:6, IV

Res 1107

RSA 217-A:10, III

Res 1108

RSA 217-A:5, III and IV

History

#5927, eff 11-22-94, EXPIRED: 11-22-00
#7507, eff 6-21-01; ss by #8386, eff 6-25-05, EXPIRED: 6-25-13

Chapter Res 2700 Rules for the Job Training Program - Expired

Part Res 2701 Purpose and Scope

N.H. Code Admin. R. Ann. Res 2701.01 Purpose of the Job Training Program

Statutory Authority: RSA 12-A:54, II, (a)

(a) The job training program (JTP) was established to provide job training which is designed to attract new business, assist in the expansion of business, and retain existing business in the state of New Hampshire.

(b) The purpose of this program is to:

(1) Enhance the state's economic growth and vitality by offering assistance to privately owned businesses that have a need to provide training to develop a new workforce or retraining existing employees to implement new technologies, in creating new jobs, and for upgrading existing jobs;

(2) Provide technical education and training as a component of the state’s economic development efforts; and

(3) Be flexible and responsive to the training requirements of business in New Hampshire.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2701.02 Scope

These rules shall apply to any business for which assistance from the JTP is requested. A business meeting the criteria set forth by Res 2700 shall be eligible for a 50% match of funds on a reimbursement basis.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2702 Definitions

N.H. Code Admin. R. Ann. Res 2702.01 Grant recipient

“Grant recipient” means “grant recipient” as defined in RSA 12-A:55, I, namely “the business entity that receives funds from the department and which provides funds to the training provider.”

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2702.02 CCSNH

“CCSNH” means the community college system of New Hampshire established by RSA 188-F:1.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2703 Eligibility Requirements

N.H. Code Admin. R. Ann. Res 2703.01 Eligible Businesses

Any business that is physically located or intends to be physically located in New Hampshire whose employees are residents of New Hampshire or whose employees work at that business located or intending to be located in New Hampshire may be eligible for job training funds available from this program. All businesses shall meet the eligibility requirements by completing and submitting a Statement of Eligibility, as described in Res 2705.01.

History

#8975, INTERIM, eff 9-14-08, EXPIRES: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2703.02 Non-Eligible

No grant from the job training program shall be awarded to:

(a) The state, including the state university system, and the CCSNH;

(b) Any county, city, town, or other political subdivision; and

(c) Any organization or group of organizations, formed pursuant to section 501(c)(3) and exempt under section 501(a) of the internal revenue code, which has not currently elected to pay unemployment compensation.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2704 Program Information

N.H. Code Admin. R. Ann. Res 2704.01 Matching State Funds

Job training program awards of state funds shall require a minimum of 50% matching funds from the business making application.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.02 Non-Acceptable Use of Funds

State funds shall not be used for:

(a) Salaries, wages, bonuses, and benefits of employees in training;

(b) In-kind contributions;

(d) Costs resulting from violation of or failure to comply with federal, state, or local laws and regulations; and

(e) Costs or portions of costs resulting from training programs completed or started prior to the date of grant approval.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.03 Acceptable Use of Funds

Funds shall be used for training programs including but not limited to:

(a) Structured, on-site laboratory or classroom training;

(b) Basic skills;

(d) Quality improvement;

(e) Safety;

(f) Management and supervision;

(g) English as a second language; and

(h) Other training programs that enhance the state’s economic growth.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.04 Job Training Provider

(a) Training shall be provided by the CCSNH so long as it is feasible; or

(b) If the CCSNH cannot provide the desired training, a business shall obtain a letter or statement from the CCSNH indicating that the CCSNH cannot provide the training and that the CCSNH has approved another training entity selected by the business.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.05 Program Administration

The commissioner may contract with an outside entity for the purpose of administering the job training program. Notification and contact information shall be posted on the division of economic development (DED) website at least 15 business days in advance of any change.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.06 Starting and Completion Dates

(a) The job training program starting date as specified on the application shall not be prior to the date of the grant review committee meeting at which the application will be considered;

(b) Job training programs shall begin within 3 months of the date of grant approval; and

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.05), EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.07 Grant Review Committee Meetings

A grant review committee established in accordance to RSA 12-A:54, II(b) shall hold bi-monthly meetings for the purpose of reviewing applications. Notification of meeting dates shall be posted on the DED website at least 15 business days in advance of a scheduled meeting.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.06), EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.08 Additional Grant Review Committee Meetings

The grant review committee may hold additional meetings for the purpose of reviewing applications if the JTP administrator determines that the quantity of applications is more than can be reviewed at a scheduled meeting. Notification shall be posted on the DED website at least 3 business days in advance of any additional scheduled meetings.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.07), EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.09 Deadline for Submitting Applications

An eligible business shall submit its application at least two weeks prior to a committee meeting. Late applications shall be considered by the committee if good cause for failing to meet the deadline exists. Good cause shall include, but not be limited to, loss of information due to fire, theft or other circumstances beyond the control of the business. Claims of good cause shall be made in writing to the committee and the commissioner.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.08), EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.10 Incomplete Applications

(a) Applications submitted shall be reviewed by the JTP administrator for completeness.

(b) If the JTP administrator determines that the application is incomplete in any respect, the JTP administrator shall notify the business of the specific deficiencies and allow the business to amend the application.

(c) Only complete applications shall be reviewed by the grant review committee at its next scheduled meeting provided that the deadline in Res 2704.09 has been met.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.09), EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.11 Presentation of Application

(a) The business shall make available a contact person to meet with the grant review committee to provide a verbal presentation on the application and to answer any questions relative to the proposed job training program.

(b) The contact person shall be listed on the job training program application.

(c) If the contact person listed on the job training program application is unavailable for good cause to meet with the grant review committee, the business shall notify the JTP administrator. Good cause shall include, but not be limited to, illness, death in the family, or other circumstance not under the control of the person.

(d) Failure to have the contact person appear shall cause the application to be tabled until the next scheduled grant review committee meeting.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.10)

N.H. Code Admin. R. Ann. Res 2704.12 Grant Application Confidentiality

Confidential commercial or financial information provided with a grant application shall be exempt from disclosure under RSA 91-A:5.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.11), EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2704.13 Grant Limitations

(a) The minimum grant amount shall be $750 per application;

(b) The maximum grant amount shall be $100,000 per application; and

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09 (from Res 2704.12)

N.H. Code Admin. R. Ann. Res 2704.14 Training Grant Evaluation Report

No application for any job training funds shall be considered from any business that has not submitted a training evaluation report as required by Res 2709.01 for any previously funded training program.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2705 Applying for Program Funds

N.H. Code Admin. R. Ann. Res 2705.01 Statement of Eligibility

(a) The business applying for funds shall provide on the statement of eligibility the following information:

(1) The business name, address, website and telephone number;

(2) The names of the chief executive officer and all other officers; and

(3) The contact person's name, business address, telephone number and email address.

(b) All information shall be legible.

(1) A lease, purchase and sales agreement, or deed for real estate, if intending to locate in New Hampshire; and

(2) A certificate showing good standing with the New Hampshire secretary of state.

(d) The applicant shall agree to:

(1) Provide a training evaluation report; and

(2) Abide by all non-discrimination laws.

(e) The contact person representing the business shall:

(1) Sign and date the form; and

(2) Certify by his or her signature that:

a. The employees receiving training are residents of or are employed in New Hampshire;

b. The business is in compliance with all applicable federal, state, or local laws and regulations; and

c. A training evaluation report due on any previously funded program has been completed and submitted.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2705.02 Job Training Program Application

(a) The business applying for funds shall provide on a job training program application the following information:

(1) The business name, address, telephone number, fax number, website, and federal identification number;

(2) The name, title, and email address of the contact person;

(3) A description of the business;

(4) The number of employees in the New Hampshire facility or facilities;

(5) The number of employees who are New Hampshire residents;

(6) The number of potential employees to be trained;

(7) The number of New Hampshire employees to be trained if grant amount is awarded;

(8) A summary of the training to be conducted;

(9) The starting date and completion date for training in accordance with Res 2704.05;

(10) The current salaries of the employees to be trained and the probable salaries of the employees after training;

(11) A statement whether or not training creates opportunities for advancement for the employees involved;

(12) If the business has laid-off employees in the past 12 months, an indication of:

a. The number of employees laid-off;

b. What department or departments;

c. The number of employees that have been rehired; and

d. If the business plans to rehire these employees;

(13) The annual sales for the last two fiscal years;

(14) The annual training budget;

(15) A detailed budget for the training program including:

a. Total training cost;

b. Less funds provided by applicant; and

c. Total of grant requested; and

(16) The training provider name, address, telephone number, fax number, and email address.

(b) All information shall be legible.

(1) A training proposal narrative;

(2) A copy of a letter or statement from the CCSNH in accordance with Res 2704.04(b), if applicable; and

(3) A statement giving the reason(s) the training provider identified was selected, if different than the CCSNH.

(d) The applicant shall indicate on the application agreement to:

(1) Have the contact person attend the grant review committee as required by Res 2704.11;

(2) Submit all bills for reimbursement as required by Res 2708; and

(3) Submit a training evaluation report after completion of the training program as required by Res 2709.

(e) The applicant shall sign and date the application.

History

#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2705.03 Submittal

The applicant shall mail or hand-deliver the original and 10 copies of the eligibility statement, application, and all attachments to:

Department of Resources and Economic Development

Division of Economic Development

JTP Administrator

172 Pembroke Road

PO Box 1856

Concord, NH 03302-1856

History

#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2706 Review of Job Training Program Applications

N.H. Code Admin. R. Ann. Res 2706.01 Application Review

(a) Applications shall be reviewed by the grant review committee at its next scheduled meeting provided that the deadline in Res 2704.09 has been met.

(b) A contact person as required by Res 2704.11 shall attend the meeting and provide:

(1) An overview of the business;

(2) The expectations of the training program; and

(3) How the training program will enhance the skills of its workers.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2706.02 Scoring

(a) All members of the grant review committee in attendance shall score an application.

(b) Grant review committee members shall determine a score for each of the following factors of the application after considering if it is consistent with the purpose of the program as provided by Res 2701.01:

(1) Transferable job skills the training provides;

(2) Assessment process used to determine training needs;

(3) Level of industry-recognized certifications or credentials or both which the training provides;

(4) Evaluation method to be used to determine the training's effectiveness; and

(5) Economic or tax base impact.

(1) Unacceptable items shall receive a score of 0 points;

(2) Poor items shall receive a score of 2 points;

(3) Satisfactory items shall receive a score of 3 points;

(4) Above average items shall receive a score of 4 points; and

(5) Excellent items shall receive a score of 5 points.

(d) An application shall receive a minimum average score of 15 points. The grant review committee shall make a recommendation to the commissioner to approve the application.

(e) Failure of an application to receive a minimum average score of 15 points shall be cause to deny the application. The JTP administrator shall notify unsuccessful applicants in writing as to the reason(s) for denial by the grant review committee.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2707 Notification

N.H. Code Admin. R. Ann. Res 2707.01 Notification

(a) Following a recommendation by the grant review committee, the commissioner shall approve the application if the following is true:

(1) The business has met the requirements necessary for eligibility pursuant to Res 2703.01;

(2) It is consistent with the purpose of the program as provided by Res 2701.01; and

(3) Sufficient funding is available.

(b) If the commissioner approves an application pursuant to (a) above, the JTP administrator shall forward the applicant one fully executed copy of the training grant agreement outlining any conditions which have been placed on the training program.

(c) If the commissioner does not approve an application pursuant to (a) above, the JTP administrator shall notify the applicant in writing of the specific reason(s) for the commissioner's denial.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2708 Reimbursement of Funds

N.H. Code Admin. R. Ann. Res 2708.01 Grant Funds Dispersion

Approved grant funds shall only be dispersed after proof of payment for the training is received. Grant recipients shall provide proof of payment by completing and submitting an Invoice Form, as described in Res 2708.02.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2708.02 Invoice Form

(a) A grant recipient requesting reimbursement shall supply on the invoice form the following information:

(1) The approved grant number, issued by the JTP administrator;

(2) The business name;

(3) The total grant funds approved;

(4) Previously billed amount;

(5) Available balance;

(6) An itemized list of invoices being submitted for reimbursement;

(7) The name and telephone number of the contact person as required in Res 2705.01(a)(2); and

(8) The date of the request for reimbursement.

(b) All information shall be legible.

(c) The grant recipient shall include a copy of all invoices and cancelled checks or paid receipts being submitted for reimbursement.

(d) The grant recipient shall mail or hand-deliver the original and one copy of the invoice form and all attachments to:

Department of Resources and Economic Development

Division of Economic Development

JTP Administrator

172 Pembroke Road

PO Box 1856

Concord, NH 03302-1856

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2708.03 Time Limit for Reimbursement

Within 90 days of the completion date of the training, all requests for reimbursement shall be submitted.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2708.04 Grant Funds Used or Not Used

Within 90 days of the completion date of the training, a grant recipient shall report to the JTP administrator any portions of the dollars allocated for their grant that will not be used.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

N.H. Code Admin. R. Ann. Res 2708.05 Failure to Comply

Failure to comply with the rules governing reimbursement of funds shall result in the non-reimbursement of any monies owed.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2709 Reporting

N.H. Code Admin. R. Ann. Res 2709.01 Training Evaluation Report

(a) Results of training programs funded by the JTP shall be evaluated by the grant recipient. Direction, guidance and methods for gathering report information shall be provided on the DED website.

(b) The training evaluation report shall include the following types of information:

(1) Participant analysis;

(2) Training provider analysis;

(3) Company impact analysis;

(4) The number of employees retained as a result of the training;

(5) The number of jobs retained as a result of the training; and

(6) The number of jobs created as a result of the training.

(c) Within 45 days of the completion date of the training, it shall be the responsibility of the grant recipient to ensure that the training grant evaluation report is completed and properly reported to the JTP administrator.

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Part Res 2710 Program Information

N.H. Code Admin. R. Ann. Res 2710.01 Information

The public may obtain information regarding the JTP by contacting the DED as described in Res 103.01.

APPENDIX

Rule

Specific State or Federal Statute the Rule Implements

Res 2701.01

RSA 12-A:51 and RSA 12-A:52

Res 2701.02

RSA 12-A:54, II(a) and RSA 12-A:55, IV

Res 2702.01

RSA 12-A:55, I

Res 2702.02

RSA 541-A:7

Res 2703.01

RSA 12-A:55, II and III

Res 2703.02

RSA 12-A:55, VIII, IX and X

Res 2704.01

RSA 12-A:55, IV

Res 2704.02

RSA 12-A:54, II(a) and RSA 12-A:56, II

Res 2704.03

RSA 12-A:53 and RSA 12-A:54, II(a)

Res 2704.04

RSA 12-A:54, II(a) and RSA 12-A:57, I and II

Res 2704.05

RSA 12-A:54, I and II(a)

Res 2704.06

RSA 12-A:54, II(a)

Res 2704.07

RSA 12-A;54, II(a) and (b)

Res 2704.08 through Res 2704.14

RSA 12-A:54, II(a)

Res 2705.01

RSA 12-A:54, II(a) and RSA 12-A:55, II, III, VI and VII

Res 2705.02 and Res 2705.03

RSA 12-A:54, II(a)

Res 2706.01 and Res 2706.02

RSA 12-A:54, II(a) and III

Res 2707.01

RSA 12-A:54, II(a) and III

Res 2708.01 through Res 2708.05

RSA 12-A:54, II(a)

Res 2709.01

RSA 12-A:58, III

Res 2710.01

RSA 91-A:4

History

#8975, INTERIM, eff 9-14-07, EXPIRED: 3-12-08
#9498, eff 7-1-09, EXPIRED: 7-1-17

Chapter Res 5200 Rules for the Operation of Wood Processing Mills and Wood Concentration Yards

Part Res 5201 Definitions for Wood Processing Mills and Wood Concentration Yards

N.H. Code Admin. R. Ann. Res 5201.01 Definitions

(a) “Any stream, river, or brook which normally flows throughout the year” means a stream, river, or brook with a well defined stream bed or channel, and which is not intermittent, flowing during all seasons of the year.

(b) “Director” means “director” as defined in RSA 227-G:2, IV, namely “the director of the division of forests and lands, department of resources and economic development.”

(c) “Division” means “division” as defined in RSA 227-G:2, V, namely “the division of forests and lands, department of resources and economic development.”

(d) “Great pond” means any body of fresh water having an area of 10 acres or more.

(e) “Mill residue” means any portion of a log or bolt, except the principal product(s) of the mill, and includes:

(1) Sawdust;

(2) Shavings;

(3) Bark;

(4) Slabs;

(5) Edgings;

(6) Trimmings;

(7) Woodchips;

(8) Chip screenings;

(9) Rejected short log sections;

(10) Log end trim;

(11) Discarded undersize logs;

(12) Discarded oversize logs;

(13) Discarded cull logs;

(14) Discarded below grade, miscut or damaged principal products; and

(15) Any brush or portion of tree limbs and tops.

(f) “Portable sawmill” means any mill processing a primary forest product and designed to be moved to new locations.

(g) “Primary forest product” means “primary forest product” as defined in RSA 227-G:2, XIII, namely “any portion of a tree, after felling, which will be processed into a secondary forest product, or will be utilized in its primary form.”

(h) “Primary wood processing mill” means “primary wood processing mill” as defined in RSA 227-G:2, XIV namely “any permanent or portable mill, or any off-site log yard operated by a primary wood processing mill, wherever located, sawing or otherwise processing logs, bolts, pulpwood, or other primary forest products into secondary forest products.”

(i) “Secondary forest product” means, any primary forest product that has been further processed in a mill.

(j) “Slash” means, branches, bark, tops, chunks, cull logs, uprooted stumps and broken or uprooted brush and trees left on the ground after timber harvesting operations, and other cutting operations. The term does not include wood chips and small chunks of woody debris when such materials are the result of public safety activities including but not limited to highway right of way maintenance, or woody debris placed into a body of water as part of an approved fisheries habitat improvement plan, and approved by the New Hampshire department of environmental services.

(k) “Timber harvesting operation” means the removal of primary forest products where the removal is subject to intent to cut requirements of RSA 79:10 or the removal is one of those activities identified as exceptions to the intent requirements of RSA 79:10.

(l) “Wood concentration yard” means “wood concentration yard” as defined in RSA 227-G:2, XVIII, namely “any site established and used for the purchase and resale of primary forest products from off-site locations and which is not a primary wood processing mill. Any site used primarily to process or store bark mulch shall not be a wood concentration yard.”

(m) “Woodland” means “woodland” as defined in RSA 227-G:2, XIX, namely “includes cut-over land, slash, and such other land as bears a sufficient amount of wood growth, wood, weeds, grass, or other growth as to be likely to be burned over.”

History

(See Revision Note at Chapter Heading for Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5202 Inspection of Primary Wood Processing Mills and Wood Concentration Yards

N.H. Code Admin. R. Ann. Res 5202.01 Inspection

(a) Upon inspection, if a mill or concentration yard is found to be operating in violation of any of the following, the director or the director's authorized agents shall cause such mill or concentration yard to suspend operation:

(1) All mills located after March 3, 1996 shall be situated so that no part of the mill or mill waste is closer than 50 feet of the edge of a public highway, great pond, any stream, river, or brook which normally flows throughout the year;

(2) Piles of sawdust, shavings, woodchips, and bark shall be on a surface cleared of all trees and brush and be separated from the mill, incinerator, slash, and other wood products by at least 25 feet at all times;

(3) Dead snags and limbs of coniferous trees within 10 feet of the ground shall be removed within the limits of the mill site;

(4) Sawdust and shaving bins or containers may be located anywhere on the mill site but shall be at least 25 feet from slash and wood products;

(5) The ground surface of the mill site for a distance of 60 feet from any portion of the mill shall be kept free from all slash and flammable debris;

(6) Every mill required to be registered shall be equipped with a spark arrester;

(7) Draining any crank case on the ground at any mill or concentration yard or dumping flammables within the cleared area shall be prohibited; and

(8) The ground about the oil or gas supply for any engine powering a mill shall be kept clean.

(b) Not withstanding (a) above, the director shall also cause a mill to suspend operation if the mill or concentration yard engages in practices or behaviors which because of fire would endanger the public health or safety and that of the forest resources of the state.

(c) If any mill or concentration yard has been ordered to suspend operations pursuant to (a) or (b) above, the department shall hold an adjudicative hearing not later than 10 working days from the date of said order. The hearing shall be held in accordance with the provisions of Res 200.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5203 Registration of Primary Wood Processing Mills or Wood Concentration Yards

N.H. Code Admin. R. Ann. Res 5203.01 Registration Required

Each primary wood processing mill or wood concentration yard shall be registered prior to initial startup and renewed annually thereafter. A primary wood processing mill or concentration yard owner or operator shall apply for registration by completing and submitting Form 5200, as described in Res 5203.02.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5203.02 Form 5200, Application for Registration of Primary Wood Processing Mill or Wood Concentration Yard

(a) An applicant for registration of a primary wood processing mill or concentration yard shall supply on Form 5200 the following information:

(1) The name, address, and telephone number of the mill or concentration yard owner;

(2) An indication of whether the applicant is the owner, lessee, or other;

(3) The name, address, and telephone number of the mill or concentration yard operator, if different than the owner;

(4) An indication of whether the application is for an initial registration or an annual renewal;

(5) The type of mill or concentration yard being registered;

(6) The mill or concentration yard location;

(7) The principal product or products produced at the mill;

(8) The mill's annual production capacity, if applicable;

(9) The mill's estimated annual production, if applicable;

(10) The total volume of forest products processed and an estimate as to the state or province of origin; and

(11) The volume of wood chips, bark mulch and other mill byproducts produced.

(b) All information shall be legible.

(d) The applicant shall include the fee of $20.00. If payment is by check or money order it shall be made payable to "treasurer, state of New Hampshire."

(e) The applicant shall mail or hand-deliver the completed application to:

Department of Resources and Economic Development

Division of Forests and Lands

172 Pembroke Road

P.O. Box 1856

Concord, NH 03302-1856

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5203.03 Notification of Registration of Primary Wood Processing Mill or Wood Concentration Yard

(a) When a complete application for registration of a primary wood processing mill or wood concentration yard has been received by the director, the director shall issue a permanent registration number assigned to the mill or concentration yard together with a plate denoting such registration number, to be displayed in a conspicuous place at the mill or concentration yard.

(b) If the director determines that the application is deficient in any respect, the director shall, within 10 working days of receipt of the deficient application, notify the applicant in writing of the specific deficiencies and allow the applicant to amend the application.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5204 Report of Primary Wood Products Processed

N.H. Code Admin. R. Ann. Res 5204.01 Report Required

(a) On or before January 31 of the following year, an operator of a registered primary wood processing mill or wood concentration yard shall submit to the director, a report by species and volume of primary wood products processed during the preceding calendar year.

(b) The report shall be based on the international 1/4 inch scale or its equivalent, or other commonly used basis of measure for products not measurable in board feet.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Chapter Res 5300 Rules for the Harvesting of Timber

Part Res 5301 Definitions for Timber Harvesting

N.H. Code Admin. R. Ann. Res 5301.01 Definitions

(a) “Basal area” means “basal area” as defined in RSA 227‑G:2, I, namely “the cross sectional area of a tree measured at a height of 4-1/2 feet above the ground, usually expressed in square feet per acre for a stand of trees.”

(b) “50 percent basal area” means 1/2 of the cumulative total of basal area of all live trees at least 2 inch diameter breast height which is the diameter measured 4-1/2 feet from ground level, before any trees were removed from specified area.

(c) “Director” means “director” as defined in RSA 227-G:2, IV, namely “the director of the division of forests and lands, department of resources and economic development.”

(d) “Fourth order stream” means “fourth order streams” as defined in RSA 227-G:2, XII, namely “those streams on a list maintained by the office of state planning, as of the effective date of this section, using the Strahler method whereby the highest year-round streams in a watershed are first order streams, their juncture yields second order streams, the juncture of second order streams yields third order streams, and the juncture of third order streams yields fourth order.”

(e) “Great pond” means any body of fresh water having an area of 10 acres or more.

(f) “Healthy growing trees” means live trees.

(g) “Land conversion” means the removal of naturally occurring or planted vegetation or planted trees from a specific lot, tract, or parcel of land with the long term intent of changing land use and characteristics from the natural growth or management and production of forest products to any other use. The term does not include silvicultural practices for forest or wildlife management purposes.

(h) “Landowner” means any person or persons who own the land upon which wood or timber is cut, a previous owner who retains timber rights to land and who registers his claim with the registry of deeds, and any person who has purchased stumpage and cutting rights on public lands. The term “landowner” includes “authorized agent.”

(i) “Market value” means stumpage value as determined in the same manner as other property values for the purposes of taxation at the time the timber is cut.

(j) “Public highway” means highways as classified in RSA 229:5 to include all class I, II, III, IV, V, and VI roads listed in the road listing by the New Hampshire department of transportation.

(k) “Scenic vista” means a point or area which affords a panoramic, unique, or pleasant view towards a feature or features in the distance.

(l) “Slash” means, branches, bark, tops, chunks, cull logs, uprooted stumps and broken or uprooted and small chunks of woody debris are not considered slash when such materials are the result of public safety activities including but not limited to highway right of way maintenance. The term does not include woody debris placed into a body of water as part of an approved fisheries habitat improvement plan, and approved by the department of environmental services.

(m) “Timber growing and forest uses” means the management or maintenance of naturally occurring or planted vegetation or trees on a specific lot, tract, or parcel of land or portion thereof for the purpose of producing forest products or providing wildlife habitat or other forest benefits. The term does not include vegetation or trees within existing utility rights of way.

(n) “Well distributed stand” means a residual stand with an intermixture of single trees and groups of trees interspersed throughout the specified area, such that the basal area is not concentrated in one portion of the specified area.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5302 Requirements for Harvesting of Timber

N.H. Code Admin. R. Ann. Res 5302.01 Conditions Required to Exceed 50 Percent Basal Area

One or more of the following conditions shall exist in order to qualify for approval to exceed 50 percent basal area:

(a) Cutting up to and including 50 percent of the basal area of trees shall lead to substantial windthrow, mortality or other damage in the residual stand due to stand exposure, shallow or wet soils, stand age or species composition or a combination of these factors;

(b) Salvage of timber is due to damage from fire, insects, diseases, ice, snow, wind or other such natural occurrences;

(c) Public safety is of a prime consideration, due to heavy conifer cover on the south side of major travel routes causing serious icing conditions;

(d) The location of clearings for log yards and truck routes within applicable areas is necessary due to terrain, wet soils, property boundaries, and other site conditions;

(e) Cutting is for the purpose of improving wildlife habitat and can be demonstrated to be part of a long term forest management plan or strategy;

(f) Cutting is for the purpose of a silvicultural strategy or forest management plan for the regeneration of certain forest types requiring removal of overstory trees;

(g) Cutting is for the purpose of a scenic vista or view, providing the area remains in natural vegetation and the purpose is to provide a public benefit;

(h) Cutting is for the purpose of removing vegetation or trees within 150 of an existing dwelling or permanent structure or within 75 feet of the edge of an active agricultural field or crop land, so long as it does not violate the provisions of RSA 483-B; and

(i) Cutting is consistent with the purpose of RSA 227-J:1 as determined by the director.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5302.02 Permission Required to Exceed 50 Percent Basal Area

Permission from the director shall be required to remove more than 50 percent of the basal area from a well distributed stand of healthy growing trees within areas specified by RSA 227‑J:9, I. At least 30 days prior to commencing cutting operations, a landowner or authorized agent shall apply for permission to exceed 50 percent basal area by completing and submitting Form 5302a, as described in Res 5302.03.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5302.03 Form 5302a, Application to Exceed 50 Percent Basal Area

(a) An applicant for permission to exceed the cutting limits of the basal area shall supply on Form 5302a the following information:

(1) The name, address, telephone number(s) of the landowner, and the best time to contact;

(2) The name, address, telephone number(s) of the authorized agent, and the best time to contact, if different than the landowner;

(3) The location of the subject parcel by town or city, the physical address, and the tax map and lot number;

(4) A description of the proposed cutting operation, including the total footage along an identified or named road, stream, or body of water, and the total acreage of the cutting operation;

(5) An indication as to whether the proposed cutting area abuts a scenic road;

(6) An indication as to whether all required local permits have been applied for and approved;

(7) An indication as to whether the proposed cutting area is a land conversion;

(8) An indication as to whether the proposed cutting area is near or adjacent to a great pond;

(9) An indication as to whether the proposed cutting area abuts a fourth order stream or stream of higher classification;

(10) An explanation which demonstrates the need to exceed the 50 percent basal area limits;

(11) An explanation which demonstrates how the proposed cutting operation is consistent with the purpose of RSA 227‑J:1;

(12) An indication as to whether the proposed cutting area is on a certified tree farm, and if so the tree farm number;

(13) An indication as to whether the proposed cutting area is covered under a forest stewardship plan;

(14) An indication as to whether the proposed cutting area is on land in current use as defined in RSA 79-A;

(15) The expected start date and completion date of the proposed cutting operation; and

(16) An indication as to whether the proposed cutting area is associated with a land conversion, and if so the expected completion date of the land conversion.

(b) All information shall be legible.

(d) The applicant shall sign and date the form.

(e) The applicant shall mail or hand-deliver the completed application to:

Department of Resources and Economic Development

Division of Forests and Lands

172 Pembroke Road

PO Box 1856

Concord, NH 03302-1856

Department of Resources and Economic Development

Division of Forests and Lands

North Regional Office

629B Main Street

Lancaster, NH 03584

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5302.04 Notification to Exceed 50 Percent Basal Area

(a) The director shall approve an application to exceed the 50 percent basal area if the application is complete and one or more of the conditions exist pursuant to Res 5302.01.

(b) If the director approves an application to exceed the 50 percent basal area, the director shall notify the applicant of such approval within 30 days after receipt of the application. Failure by the director to notify the applicant within 30 days shall serve as automatic approval.

(c) If the director determines it necessary to impose restrictions on the approved application in order to comply with the purpose of RSA 227-J:1, the director shall notify the applicant of such restrictions within 30 days after receipt of the application. Restrictions shall include, but not be limited to, species selection, diameter or age class limits, trees not subject to the damage that makes salvage necessary, or enforcement of no cut zones within the area for which the application is granted.

(d) If the director determines that the application is deficient in any respect, the director shall, within 10 working days of receipt of the deficient application, notify the applicant in writing of the specific deficiencies and allow the applicant to amend the application.

(e) If the director does not approve an application to exceed the 50 percent basal area pursuant to (a) above, the director shall notify the applicant in writing of the specific reason(s) for denial within 30 days after receipt of the application.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5302.05 Permission Required to Extend the 180 Day Period for Land Conversions

Permission to extend the 180 day period for changes in land use shall be required from the director. At least 30 days prior to expiration of the 180 day period, a landowner or authorized agent shall apply for permission to extend the 180 day period by completing and submitting Form 5302b, as described in Res 5302.07.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14 (from Res 5302.06)

N.H. Code Admin. R. Ann. Res 5302.06 Form 5302b, Application to Extend the 180 Day Period for Land Conversions

(a) An applicant for permission to extend operations beyond the 180 day period shall supply on Form 5302b the following information:

(1) The name, address, and telephone number of the landowner;

(2) The name, address, and telephone number of the authorized agent, if different than the landowner;

(3) The location of the subject parcel by town or city, and the tax map and lot number;

(4) A description of the proposed cutting operation;

(5) An explanation stating why the 180 day period needs to be exceeded; and

(6) The expected completion date of the land conversion.

(b) All information shall be legible.

(d) The applicant shall sign and date the form.

(e) The applicant shall mail or hand-deliver the completed application to:

Department of Resources and Economic Development

Division of Forests and Lands

172 Pembroke Road

PO Box 1856

Concord, NH 03302-1856

Department of Resources and Economic Development

Division of Forests and Lands

North Regional Office

629B Main Street

Lancaster, NH 03584

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14 (from Res 5302.07)

N.H. Code Admin. R. Ann. Res 5302.07 Notification to Extend 180 Day Period for Land Conversions

(a) The director shall approve an application to extend the 180 day period for land conversions if the application is complete and an explanation of good cause exists pursuant to Res 5302.07 (a)(5). Good cause shall include, but not be limited to, extending operations due to mechanical problems, weather conditions, or other causes beyond the control of the applicant.

(b) If the director approves an application to extend the 180 day period for land conversions, the director shall notify the applicant of such approval within 30 days after receipt of the application. Failure by the director to notify the applicant within 30 days shall serve as automatic approval.

(c) If the director determines that the application is deficient in any respect, the director shall, within 10 working days of receipt of the deficient application, notify the applicant in writing of the specific deficiencies and allow the applicant to amend the application.

(d) If the director does not approve an application to extend the 180 day period for land conversions pursuant to (a) above, the director shall notify the applicant in writing of the specific reason(s) for denial within 30 days after receipt of the application.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14 (from Res 5302.08)

N.H. Code Admin. R. Ann. Res 5302.08 Time Period for Extension of the 180 Day Period for Land Conversions

Approval from the director to extend the 180 day period for changes in land use shall be valid for up to 270 days from the original completion date of the cutting operation.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14 (from Res 5302.09)

N.H. Code Admin. R. Ann. Res 5302.09 Waiting Period

No additional trees shall be removed from applicable areas for 12 months following the removal of up to 50 percent of the basal area of healthy growing trees within the applicable areas. The 12 month period shall begin on the date of report of timber cut required by RSA 79:11. If no report of cut is required, the 12 month period shall begin upon completion of harvest operation.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14 (from Res 5302.10)

N.H. Code Admin. R. Ann. Res 5302.10 Proof of Land Conversion

Proof of land conversion shall include stumping, stump grinding, seeding to establish cover other than trees and shrubs, or erecting a fence and pasturing livestock.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5302.11 Determination of Market Value

Market value shall be determined by one of the following:

(a) An assessing official;

(b) A licensed professional forester; or

History

#10547, eff 3-21-14

Part Res 5303 Deceptive Forestry Business Practices

N.H. Code Admin. R. Ann. Res 5303.01 Definitions

Statutory Authority: RSA 227‑G:4, VII

(a) “Adulterated” means varying from a standard of composition or quality prescribed by any statute providing criminal penalties for such variance, or set by established commercial usage.

(b) “Buying a forest product” means exchanging money or service to purchase a forest product, or bartering for the exchange of a forest product.

(c) “Forest product” means any portion of a tree which will be utilized in its primary form or will be utilized after further processing.

(d) “Mislabeled” means varying from a standard of truth or disclosure in labeling prescribed by any law providing criminal penalties for such variance, or set by established commercial usage.

(e) “Scale slip” means a written or printed form or combination of forms which provide an accurate, readily understandable record containing the species of wood product, board footage of each individual log when the standard unit of measurement is per thousand board feet, or tonnage or cordage when not sold per thousand board feet, gross scale, defect, net scale, date wood was measured, and the name of the party scaling the wood.

(f) “Written contract” means a written contract between the landowner or person owning the timber rights and the buyer of the standing timber that defines the terms of the contract, the remuneration for the forest products to be cut, the time period in which remuneration is to made, and the use of the same units of measurement as the scale slip.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5303.02 Scale Slip

A scale slip shall contain the following information:

(a) Species of wood product;

(b) Board footage of each individual log when standard unit of measurement is per thousand board feet or tonnage or cordage when not sold on a per thousand board feet basis;

(d) Date wood was measured; and

(e) Name of party scaling the wood.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14 (from Res 5303.03)

N.H. Code Admin. R. Ann. Res 5303.03 Written Contract

A written contract pursuant to RSA 227-J:15, III shall be provided by the landowner and/or the seller or buyer of timber for review upon request of the director or the director’s authorized agent.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5303.04 Violation

Deceptive forestry business practices shall be penalized pursuant to RSA 227-J:15, I and III.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Chapter Res 5400 Floating Timber Rules

Part Res 5401 Regulation and Permitting of Floating Timber

N.H. Code Admin. R. Ann. Res 5401.01 Permit Required to Float Timber on Surface Waters

Permission from the director shall be required to float timber on the surface water of the state, pursuant to RSA 485‑B:1-a. At least 30 days prior, all landowners, authorized agents, or owners of timber to be floated on surface waters of the state, shall apply for a permit by completing and submitting Form 5400, as described in Res 5401.02.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5401.02 Form 5400, Application for Permit to Float Timber on Surface Waters

(a) An applicant for a permit to float timber on surface waters of the state shall supply on Form 5400 the following information:

(1) The name, address, and telephone number of the landowner, the authorized agent, or the timber owner;

(2) The location where the timber is going to enter the water;

(3) The location where the timber is to be removed from the water;

(4) The names of all waterways on which the timber will float;

(5) A list of all necessary federal, state, and local permits;

(6) The expected start date and completion date of the proposed project; and

(7) The impact the floating of timber will have on other natural and recreational resources.

(b) All information shall be legible.

(d) The applicant shall sign and date the form.

(e) The applicant shall mail or hand-deliver the completed application to:

Department of Resources and Economic Development

Division of Forests and Lands

172 Pembroke Road

PO Box 1856

Concord, New Hampshire 03302-1856

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5401.03 Notification of Permit to Float Timber on Surface Waters

(a) The director shall approve an application to float timber on surface waters of the state if the application is complete, all permits required pursuant to Res 5401.02 (c) have been obtained, and the impacts to natural and recreational resources are minimal as determined in consultation with the New Hampshire department of environmental services.

(b) If the director approves an application to float timber on surface waters, the director shall issue a permit to the applicant within 30 days after receipt of the application. Failure by the director to notify the applicant within 30 days shall serve as automatic permit approval.

(d) If the director does not approve an application to float timber on surface waters of the state pursuant to (a) above, the director shall notify the applicant in writing of the specific reason(s) for denial within 30 days after receipt of the application.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5401.04 Permit Suspension

(a) At any time, if the director determines that a project is causing environmental or property damage that endangers public health, safety or welfare, the director shall immediately suspend a permit pursuant to RSA 541-A:30, III.

(b) If any permit issued pursuant to this part is suspended pursuant to (a) above, the department shall hold an adjudicative hearing not later than 10 working days from the date of suspension. The hearing shall be held in accordance with the provisions of Res 200.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Chapter Res 5500 Forest Health

Part Res 5501 Definitions for Forest Health

N.H. Code Admin. R. Ann. Res 5501.01 Definitions

(a) “Control” means eradicating, suppressing, reducing, or managing threatening insect or disease populations, their host and habitat, and preventing the spread of these insects and diseases.

(b) “Control area” means the area delineated for treatment in order to prevent the spread of insect or disease to an adjacent area.

(c) “Dangerous insect or disease” means an insect or pathogen species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

(d) “Disease” means malfunctioning of host cells and tissues that result from continuous irritation by a pathogenic agent or environmental factor and leads to development of symptoms.

(e) “Firewood” means all wood of any species, cut or not cut, split or not split, regardless of length which is either in a form or size appropriate for use as fuel or destined for use as a fuel, and firewood does not include:

(1) Kiln-dried dimensioned lumber;

(2) Wood that has been chipped to a maximum piece size that is greater than one-inch in 2-dimensions; or

(3) Logs or wood being transported to or possessed by the following operations and facilities, for use in their primary manufacturing process:

a. Sawmill for dimensioned lumber;

b. Pulp and/or paper mills;

c. Wood pellet manufacturing;

d. Plywood manufacturing;

e. Wood biomass-using refineries or power plants;

f. Re-constituted wood or wood composite product manufacturing; and

g. Facilities treating firewood that have a current United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) agreement.

(f) “Insect” means “insect” as defined in RSA 430:52, VI, namely “any of the small invertebrate animals generally having a body more or less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.”

(g) “Non-native pest” means an insect or disease of foreign origin that has been introduced into an ecosystem where it has not been known to occur.

(h) “Person” means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any other organized group of persons whether incorporated or not, and every officer, agent, or employee thereof.

(i) “Quarantine” means “quarantine” as defined in RSA 227-G:2, XV, namely “a legal restriction duly imposed or enacted as a means for preventing or delaying the spread of a forest pest.”

(j) “Untreated wood” means any firewood having not been kiln dried or heated to 71 degrees Celsius for 75 minutes or treated with other approved methods as certified by the United States Department of Agriculture Animal and Plant Health Inspection Service PPQ.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5502 Designation of Control Areas

N.H. Code Admin. R. Ann. Res 5502.01 Control Areas

(a) When the director following consultation pursuant to RSA 227‑K:3, II, determines that a non‑native pest exists on any lands within the state, whose spread to adjacent lands threatens the forest health, the director shall designate the affected area as a control area. Following designation of a control area, the landowner shall be notified pursuant to Res 5502.02.

(b) Landowners of designated control areas shall comply with any control measures ordered by the director which are practical and employ proven technology and will eradicate the insects or disease. Such orders shall include, but not be limited to, the removal and destruction of all plants infected by disease or insect infestations.

(c) The director shall, if the landowner does not comply with (b) above, remove and destroy all plants infected by disease or insect infestations.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5502.02 Notification

The director shall notify all landowners in writing of a designated control area identified pursuant to Res 5502.01 (a).

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5502.03 Appeals

If any landowner has been ordered by the director to undertake control measures on lands designated as control areas, the landowner may appeal the order by requesting a hearing pursuant to Res 200.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5503 Designation of Quarantines

N.H. Code Admin. R. Ann. Res 5503.01 Quarantines

(a) When the director following consultation pursuant to RSA 227‑K:2, III, determines that a dangerous insect or disease threatens any forest of the state, the director shall designate a quarantine. The penalty provisions of the quarantine shall not apply until after the public hearing as required by Res 5503.03.

(b) A designation of quarantine shall identify:

(1) The scientific name of the organism(s);

(2) The resource or commodity threatened;

(3) The geographic area;

(4) The restrictions on movement of resource or commodity from area;

(5) The penalties for failure to comply; and

(6) The effective date.

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5503.02 Notification

The director shall notify the public by public announcements and media postings of a proposed designation of quarantine identified pursuant to Res 5503.01 (a).

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5503.03 Public Hearing

The department shall hold a hearing not later than 10 days from the date of quarantine.

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5503.04 Failure to Comply

Violations of a designated quarantine shall be penalized pursuant to RSA 227-K:2, IV and RSA 227-K:17.

History

#10547, eff 3-21-14

Chapter Res 5600 Forest Fire Service Rules

Part Res 5601 Fire Permits

N.H. Code Admin. R. Ann. Res 5601.01 Definitions

(a) “Attended” means that an individual responsible for the fire and capable of extinguishing the fire is on the same property as the fire, is able to immediately extinguish the fire, and has the fire in plain view.

(b) “Burn barrel” means a barrel or similar device not larger than 7 cubic feet in size and made of a heavy gauge metal that is solid with no holes larger than 1/2 inch diameter and covered with a tight cover made of a metal screen or hardware cloth for the burning of permissible materials.

(c) “Category I fire” means a small controlled fire, such as a camp or cooking fire, no greater than 2 feet in diameter contained within a ring of fire resistive material or in a portable fireplace, for which a permit can be issued on a seasonal basis, and that is not closer than 25 feet from a structure.

(d) “Category II fire” means a controlled fire, such as a camp or cooking fire, no greater than 4 feet in diameter contained within a ring of fire resistive material or in a portable fireplace, for which a permit can be issued on a seasonal basis, and that is not closer than 50 feet from a structure.

(e) “Category III fire” means any other fire not a category I or category II fire or a fire greater than 4 feet in diameter or a fire not contained within a ring of resistive material, for which a permit can be issued up to 7 consecutive days, and that is not closer than 50 feet from a structure.

(f) “Category IV fire” means a fire, other than a category I fire, that can be kindled between the hours of 9:00 am and 5:00 pm whether raining or not, for which a permit can be issued on a seasonal basis, and that is not closer than 50 feet from a structure.

(g) “Completely extinguished” means to extinguish so that it emits no smoke, heat or flames. The term does not include a buried fire.

(h) “Director” means “director” as defined in RSA 227-G:2, IV, namely “the director of the division of forests and lands, department of resources and economic development.”

(i) “Division” means “division” as defined in RSA 227-G:2, V, namely “the division of forests and lands, department of resources and economic development.”

(j) “Enclosed container” means any such purpose-built device, container, or vessel so constructed as to be completely enclosed by solid fire-resistive material, attached to a stack or chimney, and capable of regulating fire draft and constructed as a solid fuel appliance.

(k) “Fire permit” means DRED form 5601A issued for a category I, II, or III fire or a DRED form 5601B issued for a category IV fire, and which can be in electronic format including the use of electronic signature pursuant to RSA 294-E.

(l) “Ground covered with snow” means the area within a 100 foot radius from the fire edge is covered with snow or other frozen precipitation sufficient to prevent the combustion of woodland fuels until the fire is completely extinguished.

(m) “Hardware cloth” means a screen like material made of metal with openings no larger than 1/4 inch which is available for purchase at most hardware stores.

(n) “Kindle” means from the point of ignition to the time of complete extinguishment.

(o) “Open burning” means the burning of any material wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed container. The use of portable fireplaces is considered open burning.

(p) “Permissible material” means clean, untreated wood, leaves or brush less than 5 inches in diameter, and meets applicable air resources regulations.

(q) “Permittee” means a landowner or a person having written permission from the landowner.

(r) “Portable fireplaces” means devices such as chimeneas, steel fire pits, and any other device designed to burn permissible combustibles other than gas or charcoal.

(s) “Raining” means sustained precipitation that is actively occurring of sufficient intensity and duration so as to prevent fire from spreading in woodland fuels.

(t) “Seasonal permit” means a permit issued on an annual basis for a category I, II and IV fire which expires no later than the end of the calendar year in which permit was issued.

(u) “Stack” means a manufactured or field constructed chimney for non-residential use made of solid masonry units, bricks, stones, reinforced portland cement, one or more metal walls or made of metal with a refractory lining, or any suitable chimney lining that is capable of withstanding the flue gas conditions of its use, connected to the appliance in an air-tight manner and of such height as to properly regulate draft and control the emission of sparks.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.02 Fire Permit Required

A fire permit shall be required for all open burning when the ground is not covered by snow. Should a question arise regarding the necessity of a fire permit for any burning device or container, the director shall make the final determination based upon analysis of the construction of the device and the ability or lack thereof of the device to transmit sparks or live fire brands which could endanger the woodlands.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.03 Fire Permit Issuing

(a) Except as provided in this section, no person other than a forest fire warden shall issue fire permits.

(b) The director shall authorize others to issue fire permits after recommendation by the forest fire warden.

(c) Category IV fire permits shall be issued jointly by a forest ranger and forest fire warden, or in lieu of the forest fire warden, the authorized issuing agent.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.04 Category I, II, and III Fire Permit

(a) A permittee shall be issued a category I, II or III fire permit if the forest fire warden or authorized issuing agent determines that:

(1) The permittee is the landowner or has the landowner’s written permission;

(2) The permittee meets the required age limit;

(3) Except for public and private camp and picnic sites, the permittee meets the criteria for specified distances from structures as follows;

a. A category I fire is 25 feet from structures; or

b. A category II or III fire is 50 feet from structures;

(4) The material to be burned is clean, untreated wood or brush less than 5 inches in diameter, and meets applicable air resources regulations;

(5) Weather conditions are favorable as to prevent the spread or escape of the fire;

(6) The permittee has adequate suppression equipment to control the fire;

(7) The permittee meets the required timeframe as follows:

a. A category I for any time of day whether raining or not; or

b. A category II or III for between the hours of 5:00 p.m. and 9:00 a.m. unless it is actually raining; and

(8) The permittee has not had more than 2 open burning violations, or any grievous violations, within the past 7 years based upon the date of first offense.

(b) A category I, II or III fire permit shall include the following information:

(1) The name of permittee;

(2) The land owner name and address, if different than permittee;

(3) The location where fire is to be kindled;

(4) The date(s) the fire is authorized to occur and the specific time;

(5) The category of fire the permit is for;

(6) The name of the forest fire warden or authorized issuing agent;

(7) The town the forest fire warden or authorized issuing agent is from; and

(8) The date the fire permit was issued to permittee.

(c) Prior to being issued a fire permit, the permittee shall be required to provide their name, address, telephone number, and signature on the fire permit.

(d) If a forest fire warden or authorized issuing agent does not approve a request for a category I, II or III fire permit pursuant to (a) above, the forest fire warden or authorized issuing agent shall notify the permittee.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.05 Category IV Fire Permit

(a) A permittee shall be issued a category IV fire permit if the forest ranger and forest fire warden, or in lieu of the forest fire warden, the authorized issuing agent determines that:

(1) The permittee is the landowner or has the landowner’s written permission;

(2) The permittee meets the required age limit;

(3) The permittee meets the criteria for being 50 feet from structures;

(4) The material to be burned is clean, untreated wood or brush less than 5 inches in diameter, and meets applicable air resources regulations;

(5) Weather conditions are favorable as to prevent the spread or escape of the fire;

(6) The permittee has adequate suppression equipment to control the fire;

(7) The permittee has not had more than 2 open burning violations, or any grievous violations, within the past 7 years based upon the date of first offense; and

(8) The material being burned cannot reasonably be burned under the conditions required by any other category fire permit.

(b) A category IV fire permit shall include the following information:

(1) The name, address, and telephone number of the company;

(2) The name and telephone number of the company’s agent;

(3) The specific location where fire is to be burned, such as latitude and longitude, UTM, or grid map location;

(4) The date(s) the fire is authorized to occur and the specific time;

(5) The burning location and material to be burned;

(6) The name and telephone number of the forest fire warden to notify each day before burning, if permit is issued for more than one day;

(7) A list of the fire fighting equipment required at burning location;

(8) The name and town of the forest ranger and forest fire warden, or in lieu of the forest fire warden, the authorized issuing agent; and

(9) The date the fire permit was issued to permittee.

(c) Prior to being issued a permit, the company’s agent shall be required to provide the company’s name, the town the burning location is in, and their signature on the fire permit.

(d) If a forest ranger and forest fire warden, or in lieu of the forest fire warden, the authorized issuing agent does not approve a request for a category IV fire permit pursuant to (a) above, the forest ranger and forest fire warden, or in lieu of the forest fire warden, the authorized issuing agent shall notify the permittee.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.06 Outdoor Grills and Stoves

Charcoal fires in a container off the ground, gas grills and devices, and all controlled camp stoves shall not require a fire permit.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.07 Age Limit

No permit shall be issued to any person under 18 years of age.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.08 Permit Restrictions

Any of the following fire permit restrictions shall be considered a violation and shall cause a fire permit to be summarily suspended:

(a) If a fire is kindled, or material is burned between the hours of 9:00 a.m. and 5:00 p.m. unless it is actually raining, except for category I and IV fire permits;

(b) If a fire is kindled which is in non‑conformance with permit information provided for by Res 5601.04 (b) for a category I, II or III fire or Res 5601.05 (b) for a category IV fire;

(c) If a fire is kindled, or material is burned during unfavorable weather conditions or when a proclamation closing the woodlands is in force. Unfavorable weather conditions shall include, but not be limited to, wind, lack of precipitation, or any other factor which could increase fire hazard;

(d) If a fire is kindled, or material is burned when specified assistance or suppression equipment is not present to control the fire;

(e) If permittee fails to keep the fire under control, or if the director, the director's authorized agents, or forest fire warden feel that the material being burned is causing an unusual hazard endangering life or property or both;

(f) If material being burned violates any state law, rule, local ordinance or New Hampshire department of environmental services rules regarding open burning;

(g) If an open fire is left unattended at any time prior to it being completely extinguished; and

(h) Except for public and private camp or picnic sites, if fires are kindled and material burned closer than 50 feet from any structure and if provisions are not made to prevent a fire from spreading to within 50 feet of a structure unless the fire is a category I fire in which case it shall not be closer than 25 feet from any structure.

History

#8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5601.09 Permit Issuance Suspension

The director shall, when he or she determines such suspension is necessary to reduce the imminent hazard, suspend the issuance of fire permits statewide or a portion thereof during periods of significant or prolonged forest fire activity and when the daily fire danger as determined by the division reaches a class 4 or 5.

History

#10547, eff 3-21-14

Part Res 5602 Public and Private Camp or Picnic Grounds

N.H. Code Admin. R. Ann. Res 5602.01 Authorization for Use of Category I Seasonal Permit

(a) Agents or operators or both of publicly or privately owned camp or picnic grounds shall obtain a category I seasonal permit for use of outside fires.

(b) In addition to the requirements listed in Res 5601.03, fires referenced in (a) above shall:

(1) Be on an area cleaned to mineral soil at least 8 feet across;

(2) Have at least 6 inches of sand or gravel under the fire for any fire built on the ground;

(3) Have no limbs or other burnable material to a height of 10 feet above the fire area; and

(4) Have a ring of fire resistive material constructed so it cannot be moved from the mineral soil area.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5603 Disposal Sites

N.H. Code Admin. R. Ann. Res 5603.01 Authorization for Burning

(a) All burning authorized under this part shall be conducted in conformity with the provisions of New Hampshire department of environmental services rules Env-A 1000.

(b) A category IV permit shall be required for all burning authorized under this part.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5603.02 Fire Line Definition

(a) A fire line consisting of a strip at least 8 feet wide, cleared to mineral soil, shall be constructed and maintained around the brush dump site to prevent fire from spreading into adjacent areas. The fire line shall be located not less than 50 feet nor more than 100 feet from the burn area.

(b) If physical conditions exist which would make such fire line construction unfeasible, the construction of the fire line shall not be required. Such physical conditions shall include, but not be limited to, hedges, swamps, marshes, roads, and ledge.

(c) All growth, including trees, brush, and slash, shall be removed from the area inside the fire line. Slash shall also be removed for a distance of 50 feet outside the fire line.

(d) The area inside the fire line shall be burned over periodically whenever there is sufficient amount of grass, weeds, brush, debris and other flammable material to communicate fire. Other areas, as stated in paragraph (b) of this section, above where fire line construction is unfeasible, shall also be burned over a distance of 100 feet from the burn area if it, too, bears a sufficient amount of such growth and material to communicate fire.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5603.03 Precautions

(a) On all brush burning disposal areas, an attendant shall be on duty at all times while active burning is in progress.

(b) When a ban on open fires has been declared, brush disposal areas shall only be burned at times when fire protection is provided to keep the fire under control and keep from spreading, as determined by the forest fire warden or a forest ranger.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5603.04 Rule Violation

The local forest fire warden or the forest ranger or both shall bring to the attention of the selectmen, mayors of cities, or town and city managers any violation of these rules so that expeditious corrective action shall be effected.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5604 Emergency Rules During High Forest Fire Danger Periods

N.H. Code Admin. R. Ann. Res 5604.01 Wood Closure Proclamations

When the governor and council have, upon the recommendation of the director of fish and game and the director, proclaimed a woodlands closure, the director’s authorized agents shall communicate as promptly as possible and through reasonable means that the following additional action shall be necessary:

(a) All crews and individuals working in the woods shall be equipped with sufficient fire fighting tools in addition to the required patrol;

(b) One person in each woods crew shall be designated as a patrol to see that all employees comply with the no smoking, no open fires prohibition;

(c) Chain saw operators shall have a hand held portable fire extinguisher of the appropriate class readily available at all times; and

(d) Spark arrestors shall be required on all equipment used by crews and individuals working in the woods, and shall be inspected by the director or the director’s authorized agents to ensure that they are in proper working condition.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

Part Res 5605 Training of Forest Fire Wardens, Deputy Wardens, and Others Authorized by the Director to Issue Fire Permits

N.H. Code Admin. R. Ann. Res 5605.01 Training Required

A course of training shall be required at least once during the 3-year term of appointment for every forest fire warden, deputy warden, and others authorized by the director to issue fire permits. The training shall contain content approved by the division for the purposes of maintaining and enhancing the competency of the agent and shall be completed either in person or by electronic format approved by the division.

History

#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5605.02 Training Topics

The training required pursuant to Res 5605.01 shall contain, at a minimum, a review of current administrative rules, state statutes, and division policies pertaining to the issuance of fire permits.

History

#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

Chapter Res 5800 Rules for Administrative Fines

Part Res 5801 Administrative Fines

N.H. Code Admin. R. Ann. Res 5801.01 Statement of Purpose

The purpose of these rules is to provide direction from the commissioner of the department of resources and economic development for the determination of appropriate administrative fine amounts for various violations. It is also to ensure, to the fullest extent practicable, that generally comparable administrative fine amounts will be assessed throughout the state.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5801.02 Methods of Reporting

(a) Any person who is charged with committing a violation of any statutes or rules cited in Res 5801.03 shall be issued an administrative summons. Such summons shall constitute notice of the violation.

(b) Each summons shall contain the following:

(1) The violator's name, trade name, and address;

(2) A description of the alleged violation;

(3) The statute or rule allegedly violated;

(4) The date of the alleged violation;

(5) The time of the alleged violation;

(6) The location of the alleged violation;

(7) An indication of the administrative fine amount for such violation;

(8) Notice of a right to an administrative hearing as authorized by RSA 227‑J:14, RSA 227-K:2, IV, and RSA 227-L:2, V;

(9) The signature and badge number of the investigating agent; and

(10) An appropriate space for the respondent to either admit or deny the substance of the complaint.

(c) Any violation which is disciplined by a written warning shall not subject the defendant to further administrative action or fine, provided that the defendant shall take the appropriate action to remedy the violation(s) which prompted the issuance of the written warning. All written warnings shall be reported to the director in the form of a non-action report.

(d) The written warning shall contain the following information:

(1) The defendant's name, trade name, and address;

(2) A description of the alleged violation;

(3) The statute or rule allegedly violated;

(4) The date of the alleged violation;

(5) The time of the alleged violation;

(6) The location of the alleged violation; and

(7) The signature and badge number of the investigating agent.

(e) Any person who has been charged with a violation shall answer the summons personally or by mail within 20 days of the date of the issuance of an administrative summons and shall provide the director with an administrative plea to the charges. However, no answer shall be required in the case of an issuance of a written warning. Pleas shall be limited to consent or objection.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5801.03 Administrative Fine Amounts

(a) The administrative fine amount for violation of the prohibited actions in Res 5601.08, relative to fire permit restrictions, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $200.00;

(3) The third offense shall be $400.00; and

(4) Each subsequent offense shall be $800.00.

(b) The administrative fine amount for violation of RSA 227-J:2, II (c), relative to failure to comply with a cease and desist order, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(c) The administrative fine amount for violations of RSA 227-J:4, relative to the unlawful practice of forestry, shall be as follows:

(1) The first offense shall be $500.00;

(2) The second offense shall be $1,000.00; and

(3) The third and subsequent offense shall be $2,000.00.

(d) The administrative fine amount for violations of RSA 227-J:5, relative to failure to have a notice of intent to cut, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(e) The administrative fine amount for violations of RSA 227-J:5, relative to posting certificate of intent to cut, shall be as follows:

(1) The first offense shall be $50.00;

(2) The second offense shall be $100.00;

(3) The third offense shall be $200.00; and

(4) Each subsequent offense shall be $400.00.

(f) The administrative fine amount for violations of RSA 227-J:5, relative to supplemental notice of intent to cut, shall be as follows:

(1) The first offense shall be $50.00;

(2) The second offense shall be $100.00;

(3) The third offense shall be $200.00; and

(4) Each subsequent offense shall be $400.00.

(g) The administrative fine amount for violations of RSA 227-J:5, relative to report of wood cut, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $200.00;

(3) The third offense shall be $400.00; and

(4) Each subsequent offense shall be $800.00.

(h) The administrative fine amount for violation of RSA 227-J:6, I, relative to operations in wetlands, shall be as follows:

(1) The first offense shall be $50.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(i) The administrative fine amount for violation of RSA 227-J:6, III, relative to failure to comply with the Best Management Practices for Erosion Control on Timber Harvesting Operations in New Hampshire, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(j) The administrative fine amount for violation of RSA 227-J:7, relative to alteration of terrain, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(k) The administrative fine amount for violation of RSA 227-J:8, relative to trespass, civil penalty, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(l) The administrative fine amount for violation of RSA 227-J:8-a, relative to trespass, criminal penalty, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(m) The administrative fine amount for violation of RSA 227-J:9, relative to basal area violations, shall be as follows:

(1) The first offense shall be $500.00;

(2) The second offense shall be $1,000.00; and

(3) The third and subsequent offense shall be $2,000.00.

(n) The administrative fine amount for violation of RSA 227-J:10, relative to care of slash and mill residue, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(o) The administrative fine amount for violation of RSA 227-J:11, relative to prohibition on the transportation of coniferous trees, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(p) The administrative fine amount for violation of RSA 227-J:12, relative to mill logs, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(q) The administrative fine amount for violation of RSA 227-J:13, relative to damage to fences, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(r) The administrative fine amount for violation of the prohibited actions in RSA 227-J:15, I, relative to deceptive forestry business practices, shall be as follows:

(1) The first offense shall be $500.00;

(2) The second offense shall be $1,000.00;

(3) The third offense shall be $1,500.00; and

(4) Each subsequent offense shall be $2,000.00.

(s) The administrative fine amount for violation of the prohibited actions in RSA 227-J:15, III, relative to failure to provide a written contract, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $200.00;

(3) The third offense shall be $400.00; and

(4) Each subsequent offense shall be $800.00.

(t) The administrative fine amount for violation of the prohibited actions in RSA 227-K:17, relative to quarantines, orders, or movement of dangerous insects or diseases, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(u) The administrative fine amount for violation of RSA 227-L:2, IV (c), relative to failure to comply with a cease and desist order, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(v) The administrative fine amount for violation of RSA 227-L:11, III, relative to willful neglect or refusal to perform duties, shall be as follows:

(1) The first offense shall be $250.00;

(2) The second offense shall be $500.00;

(3) The third offense shall be $1,000.00; and

(4) Each subsequent offense shall be $2,000.00.

(w) The administrative fine amount for violation of RSA 227-L:13, I relative to failure to report a woodland fire, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(x) The administrative fine amount for violation of RSA 227-L:13, II, relative to disobeying a forest fire warden, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(y) The administrative fine amount for violations of RSA 227-L:14, relative to interference with forest fire control personnel, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(z) The administrative fine amount for violations of RSA 227-L:15, relative to smoking or kindling of fires in violation of a governor's proclamation, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(aa) The administrative fine amount for violation of RSA 227-L:16, relative to trespass upon or smoking in the White Mountain National Forest, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(ab) The administrative fine amount for violations of RSA 227-L:17, relative to failure to obtain written permission and permits, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(ac) The administrative fine amount for violations of RSA 227-L:18, I, relative to placing, dropping or throwing any flammable waste material, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(ad) The administrative fine amount for violations of RSA 227-L:19, relative to dropping lighted matches, or other substances liable to cause a fire, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

(ae) The administrative fine amount for violation of RSA 227-L:20, relative to suitable exhaust systems on motorized equipment, shall be as follows:

(1) The first offense shall be $100.00;

(2) The second offense shall be $250.00;

(3) The third offense shall be $500.00; and

(4) Each subsequent offense shall be $2,000.00.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5801.04 Grievous Violations

The full administrative fine amount of $2,000.00 shall be assessed for violations if the director determines that:

(a) Suppression costs, damages or both exceed $5,000 as a result of any recklessly, knowingly, or purposely committed violation of RSA 227-L;

(b) Losses exceed $20,000 for violation of RSA 227-J:8 or RSA 227-J:8-a;

(d) Any recklessly, knowingly, or purposely committed violation of RSA 227-J:6 or RSA 227-J:7 impacts a fourth order stream or higher, or a body of water 10 acres or greater in size; or

(e) Losses, damages or both exceed $5,000 as a result of any recklessly, knowingly, or purposely committed violation of RSA 227-J, except for (b), (c) and (d) above.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05 ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5801.05 Previous Offenses

If a person has not committed the same offense in 7 years, the next offense shall be considered as a first offense.

History

(See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
#8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
#8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14

Chapter Res 5900 Rules for Enhanced Penalties

Part Res 5901 Enhanced Penalties

N.H. Code Admin. R. Ann. Res 5901.01 Statement of Purpose

The purpose of these rules is to provide direction from the commissioner of the department of resources and economic development for a rational and uniform system in the determination of enhanced penalties applied to habitual or frequent violators of laws governing the protection and improvement of forestlands. It is also to ensure, to the fullest extent practicable, that generally comparable enhanced penalties will be assessed throughout the state.

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5901.02 Assessment of Points

(a) Any person who has accumulated 8 or more points for violation of any offense in paragraph (b) within a 7 year period, based upon the date of the offense, shall be subject to an enhanced penalty.

(b) The following schedule shall be used to assess points:

(1) One point for conviction of RSA 79:10 or RSA 227-J:5, relative to notice of intent to cut and report of wood cut;

(2) Two points for conviction of:

a. RSA 227-J:6 or RSA 482-A, relative to operations in wetlands;

b. RSA 227-J:7 or RSA 485-A:17, relative to alteration of terrain;

c. RSA 227-J:10, relative to care of slash and mill residue;

d. RSA 227-J:15, III, relative to deceptive forestry business practices; or

e. RSA 472:6, relative to removing or altering boundary markers; and

(3) Three points for conviction of:

a. RSA 21-J:39, relative to criminal penalties as it pertains to timber harvesting;

b. RSA 227-J:8, relative to trespass, civil penalty;

c. RSA 227-J:8-a, relative to trespass, criminal penalty;

d. RSA 227-J:9, relative to basal area violations;

e. RSA 227-J:15, I, relative to deceptive forestry business practices;

f. RSA 227-K:17, relative to quarantines, orders, or movement of dangerous insects or diseases; or

g. RSA 637, relative to theft as it pertains to timber harvesting.

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5901.03 Convictions

For the purposes of this section, conviction shall mean any criminal, civil, or administrative findings of guilt by a governmental entity upon proper adjudication.

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5901.04 Multiple Violations

Multiple violations of the same offense resulting from a single incident shall be counted as one conviction for the purpose of assessing points. Violations of separate offenses resulting from a single incident shall be counted as separate convictions for the purpose of assessing points. For the purposes of this section, single incident means violation(s) of a timber harvesting operation occurring under the same intent to cut number required by RSA 79:10, or under the same property owner within a calendar year for those timber harvesting operations not requiring an intent to cut. It shall not be considered a single incident when a subsequent violation of the same offense occurs after a previous violation for which official action has already been taken.

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5901.05 Conviction of Laws of Another State

If a person is convicted under the laws of another state, of a law that contains the same elements as any offense listed under Res 5901.02 (b), the conviction shall be used for the purpose of assessing points for an enhanced penalty.

History

#10547, eff 3-21-14

N.H. Code Admin. R. Ann. Res 5901.06 Burden of Proof

If a person who meets the requirements of an enhanced penalty shall deny any facts relating to the convictions of offenses used to assess points, then the person shall have the burden of proving that such is untrue.

APPENDIX

Rule

Specific State or Federal Statutes or Regulations which the Rule Implements

Res 5201.01 (a)

RSA 541-A:7

Res 5201.01 (b)

RSA 227-G:2, IV

Res 5201.01 (c)

RSA 227-G:2, V

Res 5201.01 (d), (e) and (f)

RSA 541-A:7

Res 5201.01 (g)

RSA 227-G:2, XIII

Res 5201.01 (h)

RSA 227-G:2, XIV

Res 5201.01 (i), (j) and (k)

RSA 541-A:7

Res 5201.01 (l)

RSA 227-G:2, XVIII

Res 5201.01 (m)

RSA 227-G:2, XIX

Res 5202.01

RSA 227-G:4, II, RSA 227-I:9, III and IV, and RSA 541-A:30, III

Res 5203.01

RSA 227-I:9, II (a)

Res 5203.02

RSA 227-I:9, I and II (b) and (c)

Res 5203.03

RSA 227-I:9, II (d)

Res 5204.01

RSA 227-I:10

Res 5301.01 (a)

RSA 227-G:2, I

Res 5301.01 (b)

RSA 541-A:7

Res 5301.01 (c)

RSA 227-G:2, IV

Res 5301.01 (d)

RSA 227-G:2, XII

Res 5301.01 (e) through (n)

RSA 541-A:7

Res 5302.01

RSA 227-J:9, V (a)

Res 5302.02

RSA 227-J:9, I and V (a)

Res 5302.03

RSA 227-J:9, V (a)

Res 5302.04

RSA 227-J:9, V

Res 5302.05 through Res 5302.08

RSA 227-J:9, IV

Res 5302.09 through Res 5302.11

RSA 227-J:9, I, II and V

Res 5302.10 (a)

RSA 227-J:9, I and II

Res 5302.10 (b)

RSA 227-J:9, V

Res 5303.01 through Res 5303.02

RSA 227-G:4, VII, RSA 227-J:15, II and RSA 541-A:7

Res 5303.03

RSA 227-J;15, I (e) and III

Res 5303.04

RSA 227-J:15, I and III

Res 5401

RSA 485-B:1-a

Res 5501.01 (a) through (e)

RSA 541-A:7

Res 5501.01 (f)

RSA 430:52, VI

Res 5501.01 (g) and (h)

RSA 541-A:7

Res 5501.01 (i)

RSA 227-G:2, XV

Res 5501.01 (j)

RSA 541-A:7

Res 5502.01

RSA 227-K:3, II and III (a) and (b)

Res 5502.02

RSA 227-K:3, I

Res 5502.03

RSA 227-K:3, III (c)

Res 5503.01 through Res 5503.03

RSA 227-K:2, III

Res 5503.04

RSA 227-K:2, IV and RSA 227-K:17

Res 5601.01

RSA 541-A:7

Res 5601.01 (h)

RSA 227-G:2, IV

Res 5601.01 (i)

RSA 227-G:2, V

Res 5601.02

RSA 227-G:4, IX and RSA 227-L:17, II

Res 5601.03

RSA 227-G:4, IX

Res 5601.04

RSA 227-G:4, IX and RSA 227-L:17, II and IV

Res 5601.05

RSA 227-G:4, IX and RSA 227-L:17, II

Res 5601.06 and Res 5601.07

RSA 227-G:4, IX

Res 5601.08

RSA 227-G:4, IX and RSA 541-A:30, III

Res 5601.09

RSA 227-G:4, IX

Res 5602.01

RSA 227-G:4, IX and RSA 227-L:17, IV

Res 5603.01 through Res 5603.04

RSA 227-G:4, IX and RSA 227-L:17, II

Res 5604.01

RSA 227-G:4, X and RSA 227-L:15

Res 5605

RSA 227-G:4, IX

Res 5801.01

RSA 227-G:4, V

Res 5801.02

RSA 227-G:4, V, RSA 227-J:14, I (b) and RSA 227-K:2, IV (b)

Res 5801.03 (a)

RSA 227-G:4, IX and RSA 227-J:14, I (a)

Res 5801.03 (b)

RSA 227-J:2, II and RSA 227-J:14, I (a)

Res 5801.03 (c)

RSA 227-J:4 and RSA 227-J:14, I (a)

Res 5801.03 (d)

RSA 227-J:5 and RSA 227-J:14, I (a)

Res 5801.03 (e)

RSA 227-J:5 and RSA 227-J:14, I (a)

Res 5801.03 (f)

RSA 227-J:5 and RSA 227-J:14, I (a)

Res 5801.03 (g)

RSA 227-J:5 and RSA 227-J:14, I (a)

Res 5801.03 (h)

RSA 227-J:6, I and RSA 227-J:14, I (a)

Res 5801.03 (i)

RSA 227-J:6, III and RSA 227-J:14, I (a)

Res 5801.03 (j)

RSA 227-J:7, I and RSA 227-J:14, I (a)

Res 5801.03 (k)

RSA 227-J:8, I and RSA 227-J:14, I (a)

Res 5801.03 (l)

RSA 227-J:8-a, I and RSA 227-J:14, I (a)

Res 5801.03 (m)

RSA 227-J:9, VI (a) and RSA 227-J:14, I (a)

Res 5801.03 (n)

RSA 227-J:10, VIII and RSA 227-J:14, I (a)

Res 5801.03 (o)

RSA 227-J:11, II and RSA 227-J:14, I (a)

Res 5801.03 (p)

RSA 227-J:12, I and RSA 227-J:14, I (a)

Res 5801.03 (q)

RSA 227-J:13 and RSA 227-J:14, I (a)

Res 5801.03 (r)

RSA 227-J:14, I (a) and RSA 227-J:15, I

Res 5801.03 (s)

RSA 227-J:14, I (a) and RSA 227-J:15, III

Res 5801.03 (t)

RSA 227-K:2, I (a) and RSA 227-K:17, I

Res 5801.03 (u)

RSA 227-L:2, IV (c) and V (a)

Res 5801.03 (v)

RSA 227-L:2, V (a) and RSA 227-L:11, III

Res 5801.03 (w)

RSA 227-L:2, V(a) and RSA 227-L:13, I

Res 5801.03 (x)

RSA 227-L:2, V(a) and RSA 227-L:13, II

Res 5801.03 (y)

RSA 227-L:2, V(a) and RSA 227-L:14

Res 5801.03 (z)

RSA 227-L:2, V(a) and RSA 227-L:15

Res 5801.03 (aa)

RSA 227-L:2, V(a) and RSA 227-L:16

Res 5801.03 (ab)

RSA 227-L:2, V(a) and RSA 227-L:17, VII

Res 5801.03 (ac)

RSA 227-L:2, V(a) and RSA 227-L:18, I

Res 5801.03 (ad)

RSA 227-L:2, V(a) and RSA 227-L:19

Res 5801.03 (ae)

RSA 227-L:2, V(a) and RSA 227-L:20

Res 5801.04 and Res 5801.05

RSA 227-G:4, V

Res 5901

RSA 227-G:4, X-a and RSA 227-G:10

History

#10547, eff 3-21-14

Chapter Res 7300 Parks and Recreation

Part Res 7301 Rules Relating to All Parks and Dred Properties

N.H. Code Admin. R. Ann. Res 7301.01 Applicability

(a) The provisions of Res 7301 shall apply to all department of resources and economic development (DRED) properties listed in Res 101.06, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by DRED to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

(b) The provisions of this chapter that apply during the operating season shall also apply to all state parks and park areas open during the operating season regardless of whether the property is staffed or a fee is charged.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.02 Definitions

(a) “Authorized DRED personnel” means the commissioner, the director of forests and lands, the director of parks and recreation, the department land agent, the bureau administrator or chief, the park, trails or forest regional supervisor, the park, trails or forest supervisor, the park or forest manager, the forest ranger, the forest technician, the forest patrol or forester, the ski patrol and ski lift attendants, and the Hampton Beach state park lifeguards and chief state park patrol authorized to make decisions on behalf of the department.

(b) “Bureau administrator” means the bureau of historic sites supervisor, the bureau of parks supervisor of park operations, the bureau of trails chief, the forest management bureau administrator, the forest protection bureau chief, the land management bureau administrator, and the natural heritage bureau administrator, or any job title used to identify the specified positions herein.

(d) “Director” means the director of the division of forests and lands acting in accordance with the duties set forth in RSA 227-G:3, and the director of the division of parks and recreation acting in accordance with the duties set forth in RSA 216-A:2.

(e) “Motor vehicle” means “motor vehicle” as defined in RSA 259:60, I, namely “except where otherwise specified in this title, any self-propelled vehicle not operated exclusively on stationary tracks, including ski area vehicles.”

(f) “Operating hours” means the times when most park and support facilities are open for public use.

(g) “Operating season” means a period of the year when park facilities are staffed, maintained and open for public use and a day-use fee, service charge, parking fee, or any other fee is generally collected or required where applicable.

(h) “Park or trails manager or forester” means the manager of a park, trails, forest or recreation area of the department.

(i) “Regional supervisor” means the supervisor responsible for the management of multiple department properties, property interests or personnel throughout a geographical region, including parks, trails, forests, and easements.

(j) “Service animal” means a dog that is individually trained to do work or perform tasks for people with disabilities as defined under the Americans with Disabilities Act (ADA) as amended, and including an animal which has been trained to perform typical search and rescue operations and is certified by a competent authority or holds a title from a competent authority or organization recognized by the office of the governor, department of safety, department of fish and game, or the federal emergency management agency or its successor, as defined in RSA 167-D:1 as amended.

(k) “State park” means those DRED properties or portions of properties under jurisdiction of the director of parks and recreation pursuant to RSA 216-A:1 and 216-A:2.

(l) “Volunteer coordinator” means a person(s) designated to administer the adopt-a-fire tower, the adopt-a-state park, the adopt-a-trail programs, and oversee volunteers and friends groups.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.03 Authority of DRED Personnel

Persons shall obey all requests made by authorized DRED personnel in matters of public interest, public health and safety, or resources protection.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7301.08); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.04 Violations

(a) Any person violating any rule contained in this chapter or Res 8500 shall be guilty of a violation and be:

(1) Evicted from the property;

(2) Responsible for the restoration of any defaced or destroyed historic property or resource pursuant to RSA 227-C:17, II; and/or

(3) Subject to an administrative fine pursuant to Res 7800.

(b) Serious offenses shall be charged as a misdemeanor.

(1) Acted in a reckless manner pursuant to Res 7301.30 or Res 7304.08;

(2) Caused serious environmental or property damage; or

(3) Committed a third offense.

(d) Any person or organization evicted from the property pursuant to this section, shall not receive a refund of department-related daily fees, including but not limited to, admission, parking, permit, or enterprise function fee, except for a portion of camping rental fees as allowed by RSA 216-I:6.

(e) Any person or organization evicted from the property pursuant to this section, shall not receive a refund of the unused portion of a season pass or seasonal or multi-year special use permit pending an adjudicative proceeding pursuant to RSA 541-A:30, III.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.05 Protection of Natural Features and Property

No person shall remove, damage, deface, disturb or alter any structure, plant, marine or freshwater aquatic life with the exception of lawful fishing, natural or geological feature or property on DRED properties. No person shall introduce, abandon or leave any plant, aquatic or terrestrial life, or other foreign object or item on DRED properties without the prior written permission of the director.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7301.03); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.06 Protection of Historic Resources

(a) No person shall remove or damage any historic property or historic and cultural resource on DRED properties without the prior written permission of the director and in cooperation with the department of cultural resources, division of historical resources, pursuant to RSA 227-C:9.

(b) Removal of or damage to any historic property or historic and cultural resource shall be penalized pursuant to RSA 227-C:17, II and charged as a violation under Res 7301.04.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.07 Restrictions in Public Use

(a) DRED properties shall be accessible for use unless closed or restricted to public access by posting and / or by public notification or restricted under the provisions in this chapter.

(b) DRED properties, or portions of a property, shall be closed or restricted for public access by posting and /or by public notification by authorized DRED personnel if:

(1) An external subdivision of government requests the department to close a specific DRED property at a time and for causes so listed below which the department deems reasonable;

(2) There is a need to reduce vandalism;

(3) It is necessary for public health and safety;

(4) It is necessary to protect the natural resources, physical improvements, or other features and resources of a DRED property;

(5) There is a restriction pursuant to a deed, easement, trail use rules, property or trail management plan or where such plans are developed through a public involvement process; or

(6) The quiet enjoyment of the recreational use of the property by other users or abutting landowners is being disturbed.

(c) Persons shall not enter DRED properties or portions of DRED properties that are closed or restricted to public access.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.08 Animals

(a) For purposes of this section, “animal” means any domestic animal kept for pleasure, comfort or both rather than utility, including but not limited to dogs and cats, and animals traditionally associated with agriculture such as cattle, sheep, goats, llamas and alpacas, or swine, and wildlife raised in captivity, but excluding equines and animals used for utility covered in Res 7301.09.

(b) Service animals, including animals used for detection and search and rescue training and operations, shall be exempt from all prohibitions in this section unless stated otherwise.

(c) Animals shall be permitted on a DRED property unless temporarily prohibited or restricted to public use by posting under Res 7301.07, or prohibited or restricted to animals under:

(1) Res 7301.08 (d), where animals shall be permitted only in certain areas during the operating season;

(2) Res 7301.08 (e), where animals shall be prohibited in certain areas during the operating season;

(3) Res 7301.08 (f), where animals shall be permitted where normally prohibited under (d) and (e) after seasonal property closings and prior to seasonal property openings, except for certain restrictions at Hampton Beach state park; or

(4) Res 7301.08 (g), where animals shall be prohibited year round.

(d) In accordance with (e) and (g) herein, during the operating season animals shall be permitted on DRED properties except at DRED properties listed below where animals shall be permitted only in the following areas:

(1) In Bear Brook state park, at the campground and hiking trails only;

(2) In Crawford Notch state park, at the campground, park hiking trails and the designated dog walk area at the Willey site only;

(3) In Franconia Notch state park, at the designated dog walk area and on hiking trails only, but not ski trails;

(4) In Greenfield state park, at the campground and on hiking trails only;

(5) In Mollidgewock state park, at the campground only;

(6) In Moose Brook state park, at the campground and on hiking trails only;

(7) In Mount Washington state park, at designated areas only;

(8) In Umbagog state park, at base camp and designated remote campsites only; and

(9) In Wellington state park, at the access area of the state boat launch and at the hiker parking area and trails on the west side of West Shore Road only.

(e) In accordance with (d) and (g) herein, during the operating season where animals are otherwise permitted, animals shall be prohibited in the following areas:

(1) At state park coastal beaches, including Rye Harbor also known as “Ragged Neck;”

(2) At state park freshwater beaches and designated swim areas;

(3) At established state park picnic shelters, picnic areas, pavilions, and group use areas;

(4) At the beach at Fort Stark historic site;

(5) In Echo Lake state park, at the beach, picnic area or on the lake perimeter hiking trail;

(6) At Ellacoya state park;

(7) In Mount Sunapee state park, at the beach, and at the main park and ski area, during the annual arts and crafts festival;

(8) In Pawtuckaway state park, at the beach and at the campground;

(9) In White Lake state park, at the beach and at the campground, picnic areas, beaches, and near park facilities.

(f) After seasonal property closings and prior to seasonal property openings, animals shall be permitted on DRED properties unless otherwise posted or prohibited year-round under Res 7301.08 (g), except:

(1) In Hampton Beach state park along Ocean Boulevard and Hampton Beach South, animals shall be permitted only from October 1 through April 30. The provisions of Res 7301.08 (k) through (m) shall remain in full force; and

(2) The department shall prohibit animals in Hampton Beach state park where animals are permitted when the department determines there is a lack of compliance to this section by animal owners or the department determines it is necessary under Res 7301.07.

(g) Animals shall be prohibited year round on the following DRED properties:

(1) At Monadnock state park;

(2) At North Hampton state beach;

(3) At Odiorne state park; and

(4) At Rhododendron state park, except at the parking area and the section of Rhododendron loop which is not posted as prohibited which provides trail access to and on Little Monadnock Mountain trail.

(h) Dogs used for hunting or search and rescue shall be permitted on DRED properties off leash and under the control of their handlers in accordance with RSA 466:30-a, during hunting season or while active in search and rescue unless animals are prohibited year-round under Res 7301.08 (g), search and rescue operations excepted. Dogs used for hunting shall be on a not greater than 6-foot length leash in areas where the public congregates, such as parking and trailhead areas, picnic areas, and while on established hiking trails. While on DRED properties, dogs in training for hunting shall be subject to the provisions related to such activity under RSA 207:12-a and Fis 902.04.

(i) Except for (g) and (h) above, in remote areas dogs shall be permitted off leash and under the control of their handlers in accordance with RSA 466:30-a provided that the dog is not or does not become a menace, a nuisance or vicious as defined in RSA 466:31, under which the owner or handler shall restrain, leash and remove the dog from the property. For purposes of this section, remote area means those areas and trails where and during a time when the dog owner or handler and the dog will not come in contact with other users. The dog owner or handler shall leash the dog when other users are present.

(j) Sled dog teams shall be permitted on DRED property roadways, parking areas and multi-use trails when posted as an allowable use.

(k) Except for (h) above, every animal, including service animals, shall be on a not greater than 6-foot length standard or retractable leash or lead, under the control of their handlers, and shall not be left unattended at any time or place, including in any campsite, vehicle, camper, recreational vehicle, carrier or enclosure at any time while on DRED properties.

(l) Animal owners, including owners of service animals, shall clean up and remove offsite any waste eliminated by their animal or animals from public traffic areas, including all trails, multi-use trails, walkways, sidewalks, play areas, play fields, lawns, campgrounds, beaches, and parking lots.

(m) If an animal, including a service animal, becomes objectionable to other patrons or other animals, or causes or acts in a manner that might cause or contribute to damage or hazard to patrons, property or park resources, or is a dog considered to be a menace, nuisance or vicious in accordance with RSA 466:31, as determined by the authorized DRED personnel, the owner of the animal shall immediately remove the animal from the DRED property at the request of the authorized DRED personnel.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7301.10); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.09 Equine and Other Animals Used for Utility

(a) This section shall apply to equine and other animals used for utility such as riding, driving, or transportation of persons, property or goods, and including but not limited to animals traditionally associated with utility such as equines, cattle, goats, and llamas, but excluding animals kept for pleasure or comfort covered in Res 7301.08.

(b) Service animals, as defined in Res 7301.02, shall be exempt from the prohibitions in this section unless stated otherwise.

(c) The use of equines or other utility animals shall be permitted on all roads and other established trails, unless prohibited or restricted in certain areas as identified under (d) through (g) herein, or unless closed or restricted to public use by posting under Res 7301.07.

(d) In accordance with (c) above, equines and other utility animals shall be prohibited within or upon the following areas where the public congregates or where there is the need to protect developed or improved facilities or natural resources, unless permission has been granted by special use permit pursuant to Res 7400 or other written agreement, or by a property management plan, or by posting:

(1) Lawns and fields maintained by regular mowing and associated with a developed recreation area;

(2) Picnic areas;

(3) Pavilions and group use areas;

(4) Playgrounds, play areas and athletic fields;

(5) Areas around bathhouses and toilet buildings;

(6) Areas around park stores;

(7) Campgrounds;

(8) Geologic features, such as but not limited to exposed rockface and glacial erratics; and

(9) Beaches, except for (e) below at the location and during the dates specified.

(e) For coastal beaches after seasonal property closings and prior to seasonal park openings, equines shall be permitted at Hampton Beach, from Hampton Beach South to Boar’s Head, from October 1 through April 30, and the parking of animal trailers and vehicles towing animal trailers shall be permitted at the Hampton Beach South parking lot only.

(f) Equines and other utility animals shall be prohibited year round in the following DRED properties, unless permission has been granted by special use permit pursuant to Res 7400 or other written agreement or unless allowed in certain areas by posting:

(1) At all state historic sites under the jurisdiction of the department’s bureau of historic sites;

(2) At Connecticut Lakes Headwaters Tract, except as permitted in accordance with the public recreation management plan;

(3) At the Cotton Valley Rail Trail;

(4) At Crawford Notch state park;

(5) At Echo Lake state park;

(6) At Franconia Notch state park;

(7) At Miller state park;

(8) At Monadnock state park;

(9) At Mount Washington state park;

(10) At Ossipee natural area;

(11) At Rhododendron state park;

(12) At Rollins state park; and

(13) At Winslow state park.

(g) Driving of any equine- or other utility animal-drawn vehicle shall be permitted on DRED property roadways, parking areas and trails when posted as an allowable use. Permission for this activity in areas otherwise prohibited may be granted by special use permit or other written agreement.

(h) Every animal, including service animals, shall be on rein or lead under the control of their handlers, and shall not be left unattended at any time or place while on DRED properties.

(i) Owners shall clean up and remove offsite within a reasonable time but prior to leaving the site all waste eliminated by their equine or other utility animal from public traffic areas and areas where the public congregates. These areas are defined as paved sidewalks and walkways, maintained play areas and athletic fields, lawns and fields maintained by regular mowing and associated with a developed recreation area, campsites, fresh water beaches, areas above the high tide mark at Hampton Beach, improved features such as picnic areas, staging and gathering areas, and parking lots and trail heads.

(j) Owners shall with reasonable effort remove off and scatter all waste eliminated by their animal from remote scenic overlooks, vistas and picnic areas.

(k) When required by posting, owners shall with reasonable effort remove off and scatter all waste eliminated by their animal from trails and unimproved walkways.

(l) Disposal of stall waste, hay or manure shall not be permitted on DRED properties, unless permission has been granted by special use permit pursuant to Res 7400 or other written agreement.

(m) If an equine or other utility animal, including a service animal, causes or acts in a manner that might cause or contribute to damage or hazard to patrons, property or park resources, as determined by the authorized DRED personnel, the owner of the animal shall immediately remove the animal from the DRED property at the request of the authorized DRED personnel.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.10 Hunting

(a) No person shall discharge a firearm within 300 feet of developed recreation areas when occupied, including parking lots, administrative and maintenance facilities, dwellings, camps, cabins and yurts, bathhouses, campgrounds, campsites, playgrounds, athletic fields, beaches, pavilions, picnic areas, and boat launches, lawful use of firearms pursuant to RSA 627 excepted.

(b) Hunting shall not be permitted at Robert Frost historic site, the Urban Forestry Center, that portion of Odiorne Point state park located on the east side of NH route 1-A, Opechee Bay state forest and Shieling state forest.

(c) At Bear Brook state park, hunting in the area known as the game refuge east of Podunk Road shall be limited to bow and arrow.

(d) Portable tree stands shall be permitted for the purpose of hunting only between August 1 and January 31, provided that they are temporarily installed without driving nails or inserting other devices permanently into a tree and that they are installed and removed without damage to any vegetation.

(e) All tree stands left after January 31 shall be subject to removal and disposal by authorized DRED personnel, for which DRED shall not be held liable or responsible for loss or damage of such tree stands. DRED shall remove tree stands during active timber harvest operations, for which DRED shall not be held liable or responsible for loss or damage of such tree stands.

(f) Baiting and trapping shall not be permitted except by permit granted by the state fish and game department pursuant to the interagency agreement with the department.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7301.05); ss by #10172, EMERGENCY RULE, eff 8-14-12, EXPIRED: 2-11-13
#10532, eff 3-1-14 (from Res 7301.11)

N.H. Code Admin. R. Ann. Res 7301.11 Target Shooting

(a) No person shall discharge a firearm for the purpose of target shooting within 300 feet of developed recreation areas, including parking lots, administrative and maintenance facilities, dwellings, camps, cabins and yurts, bathhouses, campgrounds, campsites, playgrounds, athletic fields, beaches, pavilions, picnic areas, and boat launches and trails, or within 100 feet of any stream, river, pond, lake or other water body.

(b) Target shooting shall not be permitted at Robert Frost historic site, the Urban Forestry Center, that portion of Odiorne Point state park located on the east side of NH route 1-A, Opechee Bay state forest and Shieling state forest.

(c) Target shooting shall not be permitted from Memorial Day weekend through Columbus Day weekend within ¼ mile from developed recreation areas.

(d) Target shooting shall be permitted on the Connecticut Lakes Headwaters Tract in accordance with the public recreation management plan.

(e) Only firearms chambered for rimfire ammunition, center-fire handguns and rifles, muzzleloaders and shotguns shall be permitted, and all shell casings shall be removed daily and disposed of offsite by the user.

(f) Fully jacketed, armor piercing, steel core and tracer ammunition shall be prohibited.

(g) Only targets designed for target shooting shall be used, except explosive target compositions shall be prohibited, and all targets shall be removed daily and disposed of offsite by the user. Shooting glass bottles, household appliances or standing trees is strictly prohibited.

(h) The department shall prohibit target shooting in areas where such activity is permitted when the department determines there is a lack of compliance to this section by users, or the department determines it is necessary under Res 7301.07.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10172, EMERGENCY RULE, eff 8-14-12, EXPIRED: 2-11-13
#10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.12 Games

Ball playing, horseshoes, and other games requiring a defined playing area shall be permitted in developed or maintained play or athletic fields or areas designated by authorized DRED personnel.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7301.06); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.13 Soliciting

No person shall conduct commercial and non-profit activity, soliciting, or canvassing on DRED properties, excepting the use of a vehicle, boat or clothing permanently affixed with a commercial logo or insignia, unless permission has been granted by special use permit pursuant to Res 7400 or by other written agreement, such as but not limited to state contracts, leases, or memorandum of agreements.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7301.07); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.14 Fires

(a) Fires shall be permitted only in places provided or designated for that purpose, unless posted as prohibited during times determined by the division of forests and lands for resource protection, such as but not limited to, forest fire danger.

(b) Portable grills shall be permitted, provided that the DRED property or beach area has places provided or designated for use of grills and that the ash and unused charcoal are emptied only into unused fireplaces or receptacles provided for that purpose.

(c) The burning of rubbish, garbage, trash, debris, or any other discarded, refuse or waste material of every kind and description shall not be permitted.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7301.11); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.15 Littering and Sanitation

(a) No person shall dispose of household or commercial rubbish, garbage, trash, debris, dead animals, sewage, or any other discarded, refuse or waste material of every kind and description on DRED properties.

(b) No person shall dispose of rubbish, garbage, trash, debris, sewage, or any other discarded, refuse or waste material of every kind and description on DRED properties except in campgrounds, concession areas, and at the Hampton Seashell complex where places and receptacles are provided for such purposes as posted and where such materials are generated by allowable and permitted activities at the site.

(c) No person shall dispose of sewage or solid waste material of any kind from a recreation vehicle or other such vehicle on DRED properties except in campgrounds where dump stations are provided for such purposes as posted.

(d) DRED properties shall be “carry in and carry out.” For the purposes of this rule, “carry in and carry out” means that persons visiting a DRED property shall take all items brought with them, including any rubbish, garbage, trash, debris, or any other discarded, refuse or waste material of every kind and description generated by them, upon their departure, except where trash receptacles are provided.

History

#8532, eff 1-1-06 (from Res 7301.12); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.16 Motor Vehicles

(a) Motor vehicles shall only be used on roads, parking areas and other designated areas as indicated and shall conform to all applicable motor vehicle laws and rules, and posted directional and advisory signs.

(b) Motor vehicles left for more than 24 hours in areas where day-use or parking fees are charged and without adequate payment of applicable fees or permission being given by authorized DRED personnel, shall be considered abandoned and shall be subject to towing and storage or immobilization at the owner’s expense.

(c) Motor vehicles left for more than 14 days at trail head parking areas without permission being given by authorized DRED personnel shall be considered abandoned and shall be subject to towing and storage or immobilization at the owner’s expense.

(d) Motor vehicles parked in front of any rail trail or DRED property gate shall be subject to towing and storage at the owner’s expense.

(e) Motor vehicles left on DRED properties during a restriction in public use pursuant to Res 7301.07 shall be subject to towing and storage at the owner’s expense.

(f) Gate closures shall restrict motor vehicle access to all state park properties by the public. This restriction shall not apply to pedestrians, bicyclists, equestrians, or to OHRV or snowmobiles where permitted.

(g) This section shall not apply to DRED authorized personnel or staff or emergency response personnel in the performance of their duties.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.17 Boats

(a) No person shall leave a boat unattended on any DRED properties or adjacent waters, except at occupied campsites and designated boat storage facilities.

(b) Boats left unattended for more than 24 hours without permission being given by authorized DRED personnel, shall be considered abandoned and shall be subject to removal and storage at the owner’s expense.

(c) Any boat removed and stored pursuant to (b) above, shall be subject to the provisions of RSA 471-C if not claimed within 60 days.

(d) No person shall haul, land, or launch a boat or other watercraft onshore of a DRED natural area listed in Res 101.06 unless otherwise posted as permitted.

(e) Any boat found unattended in a sunken, beached, or drifting condition shall be subject to the provisions of RSA 270-B.

History

#8532, eff 1-1-06 (from Res 7301.13); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.18 Permitted Use on Trails

(a) Pursuant to RSA 216-F:2, trails within the statewide trail system shall be available for hiking, nature walks, bird watching, horseback riding, bicycling, ski touring, snowshoeing and snowmobiling, mushing, and off highway recreational vehicles where permitted. The commissioner shall, as necessary, zone and restrict use of any section of the trails after determining appropriate public uses for such trails.

(b) Other DRED trails shall be available for the uses listed above in accordance with Res 7300.

(d) The recreational use of electric and power-assisted bicycles on natural surface trails shall be managed within the same rules and regulations as motorized vehicles.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.19 Metal Detectors

(a) Metal detectors shall not be permitted on DRED properties unless otherwise stated in this section or if permitted by special use permit pursuant to Res 7400.

(b) Metal detectors shall be permitted along the shoreline of beaches and at athletic fields, playgrounds, and within a 25 foot radius from picnic tables and pavilions, unless otherwise posted.

(c) Metal detectors shall not be permitted at state historic sites and natural areas listed in Res 101.06, or Odiorne Point state park.

(d) Money or items found whose value is in excess of $50.00 shall be subject to Res 7301.27, Lost and Found Items.

History

#8532, eff 1-1-06 (from Res 7301.09); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.20 Digging

(a) Digging shall be permitted on sand beaches, with all resulting holes completely filled in prior to leaving the site. Digging holes to a depth greater than 12 inches shall not be permitted.

(b) Digging and other ground disturbances shall not be permitted on DRED properties, historic sites, and DRED natural areas unless permission has been granted by special use permit pursuant to Res 7400 in cooperation with the department of cultural resources, division of historical resources pursuant to RSA 227-C:9.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.21 Mineral Collecting

(a) Mineral exploration and collecting using mechanized equipment or hand tools shall not be permitted on DRED properties, unless permission has been granted by special use permit pursuant to Res 7400, by rights reserved by recorded deed, or by property management plan.

(b) Mineral exploration and collecting shall not be permitted at geologic sites, natural preserves, historic sites, or at elevations above tree line.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.22 Constructing or Erecting Structures and Signs

No person shall construct, maintain or erect any structure, such as but not limited to cairns, rope swings, diving platforms, or permanent tree stands or blinds, or any trails, or any sign or posting on DRED properties unless permission has been granted by the department or through a special use permit pursuant to Res 7400 or other written agreement.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.23 Group Use

(a) Organized groups shall be admitted to a state park property if the park manager determines:

(1) There is space available at the park for the additional visitors;

(2) The group will not interfere with other park patrons; and

(3) For youth groups, the group is adequately supervised in accordance with the adult-to-youth ratio described within this section. For the purposes of this rule, “youth groups” means groups of children up through 17 years of age that are a part of an established municipal or non-profit organization registered with the secretary of state and serving youths and children, including but not limited to, boy scouts, girl scouts, 4-H, school groups, church groups, and non-profit youth camps.

(b) For day-use areas:

(1) A group leader or organizer shall contact the park manager and request permission for admittance to any state park property during the park’s operating season at least 7 days prior to the intended visit;

(2) The minimum size of a group for day-use visits shall be 12;

(3) For youth groups, the leader to youth ratio shall be one adult leader for every 6 to 10 youths, based upon the supervisory needs of the youths such as age, special needs or at-risk youths; and

(4) A per person fee shall be collected for admittance to a state park that collects fees.

(1) A group leader or organizer contacts the camping reservation office or call center at least 7 days prior to the intended visit;

(2) The group is a municipality or a non-profit organization or group registered with the secretary of state;

(3) All youths are up through 17 years of age;

(4) The group has a minimum size of 10 youths;

(5) The leader to youth ratio for overnight camping shall be based upon the age and supervisory needs of the youths, such as special needs or at-risk youths, as follows:

a. One adult leader for every 4 to 6 for youths under 10 years of age;

b. One adult leader for every 4 to 8 youths between 10 to 13 years of age; and

c. One adult leader for every 4 to 10 youths between 14 up through 17 years of age;

(6) Camping is by tent only;

(7) A deposit, or full payment for remote campsites, has been received at the time of placing the camping reservation, which includes a non-refundable reservation fee; and

(8) All other campground policies, including cancellation and camper use pursuant to Res 7302, shall apply.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.24 Fireworks

No person shall use fireworks on any DRED property unless permission has been granted by special use permit pursuant to Res 7400.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.25 Alcoholic Beverages

Possession and consumption of alcoholic beverages shall be permitted on DRED properties except as listed in this section:

(a) At certain seacoast beaches, possession and consumption of alcoholic beverages shall be prohibited pursuant to Res 7303.09(b);

(b) At the state operated ski area, consumption of alcoholic beverages shall only be permitted in designated areas pursuant to Res 7304.06;

(c) In Pawtuckaway, possession and consumption of alcoholic beverages shall be prohibited at the beach area and adjoining picnic area and other areas as posted;

(d) In Silver Lake, possession and consumption of alcoholic beverages shall be prohibited;

(e) In Livermore Falls, possession and consumption of alcoholic beverages shall be prohibited; and

(f) In the following state historic sites, possession and consumption of alcoholic beverages shall be prohibited unless permission has been granted through the provisions under Res 7400:

(1) Fort Constitution;

(2) Fort Stark;

(3) Frost Farm;

(4) Hannah Duston historic site;

(5) Pierce Homestead;

(6) Webster Birthplace; and

(7) Weeks state park.

History

#10172, EMERGENCY RULE, eff 8-14-12, EXPIRED: 2-11-13
#10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.26 Geocaching and Letterboxing

(a) For the purposes of this rule:

(1) “Geocaching” means an outdoor recreational activity whereby participants use navigational tools to hide and search for a container that is placed in a publicly-accessible place; and

(2) “Letterboxing” means an outdoor recreational activity whereby participants use clues to hide and search for a box that is placed in a publicly-accessible place; and

(3) “Earthcache” means a type of geocache activity that directs participants to a special geological location to learn about a unique feature of the Earth.

(b) No person shall place objects on DRED properties for the purpose of geocaching or letterboxing, or shall develop an earthcache or other virtual cache for a DRED property, unless written permission has been granted by authorized DRED personnel.

(c) A written request for geocaching or letterboxing shall be made by contacting the regional supervisor, park manager or forest manager and providing the following:

(1) Proposed location of geocache or letterbox, including global positioning system coordinates, datum or clues;

(2) Type of container to be used;

(3) Where and how the geocache or letterbox is listed or advertised;

(4) Contact information, including name, address, telephone or cell phone number and email address;

(5) Length of time the geocache or letterbox will be in place; and

(6) That the geocache or letterbox shall be maintained by the requestor or designee during the length of time.

(d) Geocaching or letterboxing shall be approved in writing if the regional supervisor, park, trails or forest supervisor or manager determines:

(1) Placement, discovery and removal will not damage or disturb natural resources. “Natural resources” means flora, trees and vegetation, soils, water and wetland resources, geological features, and fauna, wildlife and wildlife habitat; and

(2) The activity will not cause harm or disturb other patrons.

(e) Cache and letterbox containers, including ammunition canisters shall be permitted for use provided that:

(1) The ammunition canister shall be painted in non-military colors if located within 300 feet of developed recreation areas, including parking lots, administrative and maintenance facilities, dwellings, camps, cabins and yurts, bathhouses, campgrounds, campsites, playgrounds, athletic fields, beaches, pavilions, picnic areas, and boat launches; and

(2) The name of the cache, the name of the owner of the cache and the date the department granted approval for the cache shall be clearly labeled on the outside of all containers and canisters.

(f) If the regional supervisor, park, trails or forest supervisor or manager does not approve a request pursuant to (d) above, the regional supervisor, park, trails or forest supervisor or manager shall notify the person in writing of the specific reasons for denial.

(g) Geocaches or letterboxes shall be removed at the conclusion of the scheduled time period. Notification of removal shall be made to the regional supervisor, park, trails or forest supervisor or manager. The regional supervisor, park, trails or forest supervisor or manager shall remove a geocache or letterbox prior to the scheduled time period if the conditions under Res 7301.07 occurs, for which DRED shall not be held liable or responsible for loss or damage of such cache or letterbox, but shall make a reasonable attempt to notify the owner.

History

#10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.27 Lost and Found Items

(a) Any person who finds on a DRED property by whatever means money or items whose value is in excess of $50.00 shall report to and leave such money or items with an authorized DRED personnel.

(b) The authorized DRED personnel shall take the following steps:

(1) If the money or items was reported by a park guest as lost or missing, such money or items shall be returned to the park guest upon adequate proof of ownership; or

(2) If the money or items was not reported as lost or missing, such money or items shall be retained by the authorized DRED personnel in a safe for a period of 60 days; and

(3) Shall be returned to the finder if the money or items are not claimed following the 60 day period.

(c) Money or items found that exceed a value of $250, as determined by authorized DRED personnel, shall be subject to the provisions of RSA 471-C regarding the custody and escheat of unclaimed and abandoned property.

(d) Items found of historical, cultural or archeological value, as determined by the either division director in consultation with and based upon the technical expertise of the bureau of historic sites supervisor and the department of cultural resources, division of historical resources, shall remain the property of the state.

History

#10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.28 Feeding of Wildlife

The feeding of wildlife shall not be permitted at any time, including the use of birdseed, rice, and other food-based products for wedding processions and other events.

History

#10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.29 Smoking

Smoking shall be prohibited on those portions of a beach that are posted as prohibited, in the interest of public health and safety under Res 7301.07(b)(3), and Res 7301.15, littering and sanitation, as determined by the department. For purposes of this provision, smoking shall mean having in one's possession a lighted cigarette, cigar, or pipe, or any device designed to produce the effect of smoking, pursuant to RSA 155:65, XV.

History

#10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7301.30 Reckless Conduct

(a) No person shall act in a manner which might cause or contribute to self-injury or to the injury of others, or act in a manner that creates a situation which requires or might require assistance for themselves or others. If authorized DRED personnel determine that an individual is behaving in such a manner, the authorized DRED personnel shall immediately evict the individual from the property and suspend any day-use ticket, parking fee, camping permit, and may charge the individual with a violation and fine pursuant to Res 7301.04, and suspend any season pass and special use permit, or other permit or pass.

(b) If a day-use ticket, parking fee, or daily special use permit is suspended pursuant to (a) above, the department shall retain such fees and hold an adjudicative hearing not later than 10 business days from the date of suspension upon the request of the suspended ticket, fee or permit holder. The hearing shall be held in accordance with the provisions of Res 200.

(c) If a camping permit is suspended pursuant to (a) above, the department shall follow remedial action pursuant to RSA 216-I:6.

(d) If a season pass or seasonally-based special use permit is suspended pursuant to (a) above, the department shall retain such fees and hold an adjudicative hearing pursuant to RSA 541-A:30, III.

History

#10532, eff 3-1-14

Part Res 7302 Use of Campgrounds

N.H. Code Admin. R. Ann. Res 7302.01 Applicability

In addition to all other rules in Res 7300, the provisions of Res 7302 shall apply to all DRED properties listed in Res 101.06, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by DRED to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7303.01); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7302.02 Camping

(a) No person shall camp on DRED properties except in designated campsites.

(b) Reservations for camping shall be made by contacting the camping reservation office or online reservation service and providing the following:

(1) The camper's name;

(2) The camper's mailing address;

(3) The camper's telephone number and email address;

(4) The total number of campers over the age of 18;

(5) The total number of campers under the age of 18;

(6) The number of nights being requested for reservation;

(7) The method of payment; and

(8) Payment of all fees, including a non-refundable reservation fees and campsite fees.

(d) The maximum number of adults that can be registered to a standard campsite shall be 4, except at certain remote, lean-to or family camping campsites that can accommodate more or are restricted to fewer persons.

(e) At RV-only campgrounds, the maximum number of persons registered to a campsite shall not exceed the number of persons the recreational vehicle is designed to sleep.

(f) Adult groups shall not be permitted to reserve youth group campsites without permission from the park manager or regional supervisor, whose decision shall be based upon campsite availability and reasonable mitigation of user conflicts.

(g) Overnight stays at trail shelters on the Cohos Trail located in Nash Stream state forest and on the Monadnock-Sunapee Greenway Trail located in Max Israel state forest and Pillsbury state park and other remote locations where overnight stays are permitted shall have a maximum duration of 2 consecutive nights.

(h) Changes to a camping reservation shall be made by calling the camping reservation office at least one day prior to the arrival date of the reservation, with payment of a non-refundable change fee. Changing the name on a reservation shall be considered a cancellation of the original reservation.

(i) Cancellations may be made up to and on the arrival date of the reservation, with payment of a cancellation fee. The reservation fee shall be non-refundable.

(j) Reservations shall be non-transferrable at the park.

(k) Refunds shall not be issued due to weather. Refund requests shall be in writing and mailed to: The NH Reservation Information Office, PO Box 1856, Concord, NH 03302-1856.

(l) Should the department close a campground pursuant to Res 7301.07, the department shall refund unused portions of the campsite fees, excluding the non-refundable reservation fee.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7303.02); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7302.03 Camping Permits

(a) Campers shall register with the DRED employee or campground host to obtain a camping permit. Identification shall be required as proof of the reservation and the camper shall provide his or her vehicle registration number(s). A camper’s failure to register with the DRED employee or campground host by noon of the day after the scheduled arrival date shall forfeit the camping reservation.

(b) Campers shall not setup their campsite during the hours of 10:00 PM through 7:00 AM, unless permission has been granted by authorized DRED personnel who shall determine that the arrival can be accommodated and shall not disturb other campers’ quiet enjoyment of the campground.

(c) Camping permits shall be displayed in the vehicle where easily visible from the exterior at all times. Campers not travelling by motor vehicle shall display camping permits in a location easily visible at all times.

(d) Camping permits shall have a maximum duration of 14 consecutive days at all campgrounds unless extended pursuant to paragraph (e). Hampton Beach and Ellacoya RV parks shall have a maximum duration of 14 consecutive or accumulative days from Memorial Day weekend to Labor Day weekend for any person or camping vehicle. Extensions of camping permits at Hampton Beach and Ellacoya RV parks shall not be permitted.

(e) Camping permits shall not be extended unless the campground has less than a 60% occupancy rate. At such times, upon request, permits shall be extended by up to an additional maximum duration of 14 days.

(f) Campers shall pay any additional fees due, including fees for each additional adult and child beyond the standard reservation occupancy of 2 adults and up to 4 children.

(g) Camping permit fees shall be non‑refundable and non‑transferable, Res 7302.02 (k),(1) excepted.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7303.04); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7302.04 Campers

(a) Campers shall not make noise loud enough to disturb other campers between the hours of 10:00 P.M. and 7:00 A.M.

(b) Campers and any day-use visitors shall not conduct activities that will disturb other campers’ quiet enjoyment of the campground at any time, including but not limited to use of foul language and use of generators.

(d) Campers shall not have any day-use visitors at their campsite between the hours of 10:00 P.M. and 7:00 A.M.

(e) Persons visiting campers shall be registered for campground day-use. All applicable fees and restrictions shall apply. The maximum number of visitors allowed on a campsite shall not be exceeded, as determined by the DRED employee or authorized campground host.

(f) Any visitor staying overnight shall be registered for each night of their stay. All applicable fees and restrictions shall apply to such visitors registered for overnight stays.

(g) Campers shall not leave campsites unattended overnight without notifying authorized DRED personnel in advance.

(h) Campers shall dispose of all trash properly by use of a campground trash dumpster if available or taking their trash with them. Campers shall recycle materials in marked recycle bins if available.

(i) The registered camper identified by the camping permit shall be responsible for all members of his or her party or group, including the disturbance of other campers and visitors and any damages incurred.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7303.03); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7302.05 Camping Permit Suspension

(a) At any time, if a park manager or other authorized DRED personnel determines that a camper or anyone in the party is violating provision Res 7302.04, or causing environmental or property damage, or endangering public health, safety or welfare, the park manager or other authorized DRED personnel shall immediately suspend a camping permit pursuant to RSA 216-I:6, and the camper shall be evicted from the property.

(b) Should a camping permit be suspended pursuant to (a) above, the permit fee and all associated fees shall be retained by the department, except for a portion of unused camping rental fees as allowed by RSA 216-I:6, as may be amended, which states:

(1) Following eviction, said person may make written request to the owner or operator or their agent of such recreational campground or camping park within 30 days for the refund of the unused portion of his prepaid campsite rental or visitor fee. Upon such a request, such owner or operator shall refund such unused portion of the fees, less any amount deducted to pay for damages.

(c) Should a camping permit be suspended, the camper shall be prohibited from applying for a camping permit for one year from the date of the suspension.

History

#10532, eff 3-1-14

Part Res 7303 Use of Waterfront Parks

N.H. Code Admin. R. Ann. Res 7303.01 Applicability

In addition to all other rules in Res 7300, the provisions of Res 7303 shall apply to all DRED properties listed in Res 101.06, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by DRED to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7303.02 Swimming

(a) No person shall swim at any DRED facility where and when a day-use fee is charged except in areas designated by lifelines.

(b) Persons who swim at a designated swim area where a lifeguard is not on duty shall do so at their own risk.

3-1-14

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7304.01); ss by #10532, eff

N.H. Code Admin. R. Ann. Res 7303.03 Glass Bottles

No person shall have glass bottles on any beach.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7304.02); ss by #10532, eff |3-1-14

N.H. Code Admin. R. Ann. Res 7303.04 Beach Fires

No person shall have fires or portable grills on any beach, except as permitted in Res 7301.14 (a) and (b).

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7304.03); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7303.05 Swimming and Floatation Equipment

(a) No person shall use oars, paddles, electric motors or other propulsion devices used to propel inflatables or other floatation equipment in designated swimming areas.

(b) No person shall use boats, canoes, kayaks, and other watercraft in designated swimming areas.

(c) No person shall use boats, inflatables and other floatation equipment, and skim, boogie or surfboards in Archery Pond in Bear Brook state park.

History

#8532, eff 1-1-06 (from Res 7304.04); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7303.06 Digging

No person shall dig holes on sand beaches unless all resulting holes are completely filled in prior to leaving the site. Digging holes to a depth greater than 12 inches shall not be permitted.

History

#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7303.07 Scuba Diving

No person shall scuba dive in designated swimming areas, nor in Archery Pond in Bear Brook state park.

History

#8532, eff 1-1-06 (from Res 7304.05); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7303.08 Swimming Instruction and Handicapped Swimming Programs

(a) Any non-profit community group such as the Red Cross, YMCA, YWCA or community recreation department shall be eligible to sponsor swimming classes and handicapped swimming programs at a DRED property by submitting a request for a special use permit to the director on the letterhead of the organization.

(b) The organization’s request shall be approved if the director determines:

(1) The program is open to the general public;

(2) There is space available at the facility requested for use; and

(3) All requirements of the special use permit pursuant to Res 7400, are met.

(c) If the director does not approve a request pursuant to (b) above, the director shall notify the organization in writing of the specific reasons for denial.

(d) If the director approves a request, a special use permit shall be granted and the swimming program director or instructor shall, prior to beginning any lessons, contact the park manager to receive approval of the swimming lesson schedule and a location for the swimming program, as determined by the park manager.

(e) The organization shall ensure that all instructors are certified in Red Cross first aid and lifeguarding, or equivalent.

(f) The sponsoring organization shall provide signage stating that the designated area is reserved for swimming lessons only and lifelines to indicate the swimming program area. All signs and lifelines shall be removed when lessons are not being conducted.

(g) The swimming program director, instructors, or both shall be responsible for supervision of the program’s students. Their authority shall not supersede that of the park manager or lifeguard(s).

(h) The instructor and instructor’s aide to student ratio shall be one instructor for every 6 students.

(i) All swimming and use of related equipment shall be under the direct supervision of the instructor or instructor’s aide and shall be removed from the DRED property each day unless other arrangements have been made with the park manager.

(j) The swimming program director, instructor, or both shall be responsible for the daily removal of trash from the designated program area.

History

#8532, eff 1-1-06 (from Res 7304.06); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7303.09 Seacoast

Parks and Beaches.

(a) In addition to all other rules in Res 7300 and Res 7303, this section shall apply to only Hampton Beach state park, Hampton Beach South, North Beach, North Hampton state beach, Jenness state beach, Wallis Sands state park, Odiorne Point state park, Rye Harbor state park, and seacoast historic sites, and any other seacoast park or area where a parking fee or day-use fee is charged.

(b) Possession or consumption of alcoholic beverages shall not be permitted, unless permission has been granted by special use permit or group reservation pursuant to Res 7400.

(d) The beaches shall be closed to the public between the hours of 1:00 A.M. and ½ hour before sunrise, except for anglers.

(e) Inflatables and other floatation equipment, life jackets, face masks, diving goggles, and snorkel tubes shall not be permitted. Life preservers, life jackets, personal flotation devices, and swim fins shall be permissible for children 17 years and under, the handicapped, and the elderly requiring additional safety equipment.

(f) Skim boards shall not be permitted. For the purposes of this rule, skim board means a thin, flat, round or rectangular board used to ride over shallow water into oncoming waves close to the shoreline.

(g) Boogie boards shall be permitted. All boogie boards shall be equipped with a retention strap or other device to prevent the boogie board from being separated from the user. Said device shall be utilized at all times. For the purposes of this rule, boogie board means a short, lightweight surfboard used to ride waves to the shoreline.

(h) Surfing and surfboards shall not be permitted except at designated areas at Hampton Beach state park, North Beach section only. All surfboards shall be equipped with a safety harness or other device to prevent a surfboard from being separated from the user. Said device shall be utilized at all times.

(i) Fishing shall not be permitted during the hours of 9 a.m. to 5:30 p.m. when lifeguards are on duty, except for Odiorne Point state park, Rye Harbor state park, along the entrance of Hampton River at Hampton Beach South, at seacoast state historic sites and when permission is granted by authorized DRED personnel based upon the number of visitors on the beach.

(j) Landing or launching of motorized water-craft shall not be permitted during the hours of 9 a.m. to 5:30 p.m. when lifeguards are on duty, Odiorne Point state park, Rye Harbor state park and seacoast historic sites excepted.

(k) Landing or launching of air-craft shall not be permitted, unless permission has been granted by special use permit pursuant to Res 7400.

(l) No person shall use the following equipment on the Hampton Beach state park boardwalk, which includes all pedestrian walkways on the east side of Ocean Boulevard from Haverhill Avenue heading north to the Marine Memorial:

(1) Skateboards;

(2) Roller skates, rollerblades, or roller skis;

(3) Tricycles and bicycles;

(4) Motorized bicycles; and

(5) Electronic Personal Assistive Mobility Devices (EPAMDs), such as Segways.

(m) In the operation of the beach parking facilities, the department shall:

(1) Issue a parking citation and collect parking violation fines and fees pursuant to RSA 216:3, I and RSA 12-A:2-c, IV for parking violations consisting of any of the following:

a. Exceeding the vehicle length limit of 20 feet in a metered or leased parking space;

b. Parking with an expired parking receipt;

c. Parking at an expired meter or parking without a parking receipt displayed, with an expired parking receipt, or with an improperly or unreadable receipt displayed. Parking receipts shall be displayed face-up on the dash of the vehicle; or

d. Parking illegally in:

A leased parking space;
A reserved parking space;
A no parking zone;
A pedestrian crosswalk;
A handicapped parking space;
A bus parking space or area;
A motorcycle parking space;
A roadway or driveway;
Front of or blocking a fire hydrant;
An emergency vehicle or police only parking space; or
Over an allocated parking space as indicated by painted white lines;

(2) Collect additional parking violation fines for each meter overtime period or continued violation;

(3) Subject motor vehicles whose owner has greater than 3 unpaid parking citations on record to towing or immobilization at the owner's expense;

(4) Refer delinquent and non-payment of parking violations fines and fees exceeding 60 days to the department’s collections agent;

(5) Refer habitual offenders having 5 or more unpaid citations to the attorney general’s debt recovery collections office;

(6) Allow a person who has been issued a parking citation to request an appeal within 60 days of the date the citation was issued by taking the following steps:

a. The claimant shall complete the department’s Citation Review Form by providing the following information in legible print:

Date of request;
Name, complete mailing address, day-time phone number, email address;
Citation number, issue date; vehicle plate number;
Basis for why claimant thinks the citation was issued in error, and any supporting documents; and
Claimant’s signature and date of signature, certifying that all information provided is true, accurate, and complete; and

b. The claimant shall send the department’s Citation Review Form to:

NH State Parks

Parking Citation Review

PO Box 1856

Concord, NH 03302-1856

Fax: 603-271-3553

Email: disputes@dred.nh.gov

(7) Upon receipt of the Citation Review Form appeal request, halt all additional activity on the citation, including the assessment of additional fees, and shall conduct an administrative review of the appeal as follows:

a. If the department approves the appeal or approves a portion of the appeal, the department shall determine the fines and fees due;

b. If the department denies the appeal, the claimant shall pay the balance due within 15 calendar days of date of notice. Should payment not be received by the department, the department shall reinstate assessment of all late fees owed upon the 16th day;

c. Written notification of the department’s decision on the appeal within 7-10 business days, including any balance due; and

(8) Review an appeal request that is submitted beyond the 60 day issue date of citation deadline required in (6) above, only if the department did not have a valid current address for the vehicle owner, and the request for appeal is submitted pursuant to Res 7303.09(m)(6) a through b.

History

#8532, eff 1-1-06 (from Res 7304.07); ss by #10532, eff 3-1-14

Part Res 7304 Use of the State Operated Ski Area

N.H. Code Admin. R. Ann. Res 7304.01 Applicability

In addition to all other rules in Res 7300, this part shall apply to only Franconia Notch state park.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06; ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7304.02 Trail Use Limitations

The public shall not use sleds, toboggans, saucers and similar equipment, except snow tubes provided by the state park, or motor propelled devices on trails, both cross country and downhill, or slopes unless permission has been granted by special use permit pursuant to Res 7400.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06, (from Res 7305.01); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7304.03 Ski Lifts

(a) Persons waiting to board chairlifts shall maintain orderly lines and shall board the lift on a first come first served basis.

(b) Children being carried and non‑skiers shall not be permitted on any chairlift except the Cannon Mountain aerial tramway.

(d) Lift riders shall not throw anything from any chairlift.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7305.02); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7304.04 Ski Equipment

(a) Persons with ski and snowboard equipment that is defective or who have ski equipment that a ski shop has refused to service shall not be permitted on slopes or lifts.

(b) All skis shall be equipped with retention straps or other devices to prevent runaway skis.

(d) All snow tube equipment used in state operated ski areas shall be provided by the state park.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7305.03); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7304.05 Personal Belongings

Clothing and other personal belongings shall only be left in designated areas and at the owner’s own risk and shall not be the responsibility of the department.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7305.04); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7304.06 Alcoholic Beverages

Alcoholic beverages shall be permitted only in buildings and areas designated for consumption and sale. Alcoholic beverages obtained from other than the designated sales area within the building shall not be displayed or consumed.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7305.06); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7304.07 Ski Tickets

Day-use and season ski tickets shall not be transferred, subject to refund, or resold. Purchase of a ski ticket shall allow only the original purchaser to use the facilities.

History

#6167 eff 1-18-96; ss by #6755, eff 5-21-98, ss by #8532, eff 1-1-06 (from Res 7305.05); ); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7304.08 Reckless Conduct

(a) No person shall act in a manner which might cause or contribute to self-injury or to the injury of others, or act in a manner that creates a situation which requires or might require assistance for themselves or others. If authorized DRED personnel determine that an individual is skiing or riding in such a manner, the authorized DRED personnel shall immediately evict the individual from the property and suspend any day-use or season ski ticket pursuant to RSA 541-A:30, III.

(b) If a day-use ski ticket is suspended pursuant to (a) above, the department shall retain such fees and hold an adjudicative hearing not later than 10 working days from the date of suspension upon the request of the suspended ticket holder. The hearing shall be held in accordance with the provisions of Res 200.

(c) If a season pass is suspended pursuant to (a) above, the department shall retain such fees pending an adjudicative hearing pursuant to RSA 541-A:30, III.

History

#8532, eff 1-1-06, (from Res 7305.07); ss by #10532, eff 3-1-14

Part Res 7305 Use of Franconia Notch Recreational Trail - Spring, Summer and Fall Seasons

N.H. Code Admin. R. Ann. Res 7305.01 Applicability

In addition to all other rules in Res 7300, this part shall apply to only Franconia Notch state park.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRES: 1-23-05
#8532, eff 1-1-06 (from Res 7305.06); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7305.02 Trail Use Limitations

No person shall use the following equipment on the Franconia Notch recreational trail:

(a) Skateboards;

(b) Roller skates, rollerblades, or roller skis;

(d) Motorized bicycles; or

(e) Electronic Personal Assistive Mobility Devices (EPAMD), such as Segways.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7305.06); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7305.03 Motor Vehicle Use

No person shall operate a motor vehicle on the Franconia Notch recreational trail during the spring, summer or fall seasons except for maintenance and enforcement vehicles operated by personnel in the performance of their duties.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM , eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7306.02); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7305.04 Limits

The following shall apply to all users when utilizing the Franconia Notch recreational trail:

(a) A person operating a bicycle shall not exceed 20 mph at any time;

(b) No person operating a bicycle shall exceed the speed of any person walking in a designated walking speed zone;

(d) No person shall operate a bicycle between ½ hour after sunset and ½ hour before sunrise; and

(e) No person shall operate a bicycle when that trail is closed by the park manager for maintenance reasons or for restrictions in public use pursuant to Res 7301.07.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, eff 7-27-04, EXPIRED: 1-23-05; ss by #8532, eff 1-1-06 (from 7306.03); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7305.05 Trail Uses Not Permitted

(a) No person shall obstruct other users of the trail.

(b) Foot and bicycle racing shall not be permitted on the Franconia Notch recreational trail, unless permission has been granted by special use permit pursuant to Res 7400.

History

#6167 eff 1-18-96, EXPIRED: 1-18-04
#8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532, eff 1-1-06 (from Res 7306.04); ss by #10532, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7305.06 Protection of Natural Habitats

No person shall remove or cut any plant or vegetation or damage any natural feature at any time, within the high-elevation protected wildlife habitat zones at Franconia Notch state park.

APPENDIX

Rule

State or Federal Statute which the Rule is Intended to Implement

Res 7301.01

RSA 12-A:2-c, II (a)

Res 7301.02

RSA 541-A:7

Res 7301.03

RSA 12-A:2-c, II (a)

Res 7301.04

RSA 12-A:2-c, II (a) and III; RSA 215-A:3-b, I

RSA 215-C:3-a, I

Res 7301.05

RSA 12-A:2-c, II (a)

Res 7301.06

RSA 12-A:2-c, II (a); RSA 227-C:17, II

Res 7301.07 through Res 7301.09

RSA 12-A:2-c, II (a)

Res 7301.10

RSA 12-A:2-c, II (a); RSA 207:36-a

Res 7301.11 through Res 7301.13

RSA 12-A:2-c, II (a)

Res 7301.14

RSA 12-A:2-c, II (a); RSA 216-I:9, IV

Res 7301.15

RSA 12-A:2-c, II (a)

Res 7301.16

RSA 12-A:2-c, II (a) and (b)

Res 7301.17 through Res 7301.29

RSA 12-A:2-c, II (a)

Res 7301.30

RSA 12-A:2-c, II (a); RSA 541-A:30, III

Res 7302.01

RSA 12-A:2-c, II (a)

Res 7302.02 and Res 7302.04

RSA 12-A:2-c, II (a); RSA 216-I:5

Res 7302.05

RSA 12-A:2-c, II (a); RSA 541-A:30, II and III

Res 7303.01 through Res 7303.07

RSA 12-A:2-c, II (a)

Res 7303.08 and Res 7303.09

RSA 12-A:2-c, II (a) and (b), IV; RSA 216:3, I

RSA 216-A:3-g

Res 7304.01 through Res 7304.07

RSA 12-A:2-c, II (a)

Res 7304.08

RSA 12-A:2-c, II (a); RSA 225-A:24, III

RSA 541-A:30, III

Res 7305.01 and Res 7305.02

RSA 12-A:2-c, II (a)

Res 7305.03

RSA 12-A:2-c, II (a) and (b)

Res 7305.04 and Res 7305.06

RSA 12-A:2-c, II (a)

History

#10532, eff 3-1-14

Chapter Res 7400 Reserved and Privileged Use of Dred Lands, Facilities and Resources

Part Res 7401 Purpose and Exclusions.

N.H. Code Admin. R. Ann. Res 7401.01 Applicability

The provisions of Res 7400 shall apply to all department of resources and economic development (DRED) properties listed in Res 101.06, and subsequent properties and easements upon acquisition, and facilities, structures and improvements thereon and to all listed conservation or trail easement properties held by DRED to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7401.02 Purpose

This chapter has been enacted to:

(a) Promote fairness and consistency in authorizing uses of DRED lands, facilities, and resources;

(b) Promote public health, safety and welfare, including but not limited to the safety of participants and the public at large;

(d) Manage competing uses of DRED lands, facilities, and resources, including but not limited to impacts to or degradation of the visitor experience;

(e) Provide a public benefit when allowing exclusive use of DRED lands, facilities and resources;

(f) Manage the allocation, cost and sufficiency of DRED operational resources, including but not limited to staff labor, sanitation, waste management, traffic control or parking;

(g) Provide reasonable revenue generation and cost recovery to the state and its citizens pursuant to RSA 216-A:3-g and RSA 227-G:5 from the special or commercial use of public lands, facilities and resources; and

(h) Protect the state from liability and damages arising from the use of its lands, facilities, and resources.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7401.03 Exclusions

Permission through application shall be required for use of DRED lands, facilities, and resources, except uses by governmental and quasi-governmental agencies under separate agreement for the use or activity, or uses governed by the following statutes, rules, management plans and department programs:

(a) Res 5200, Rules For The Operation Of Wood Processing Mills;

(b) Res 5300, Rules For The Harvesting Of Timber;

(d) Res 5601, Fire Permits;

(e) Res 5602, Public Or Private Camp Or Picnic Grounds;

(f) Res 5603, Disposal Sites;

(g) Res 7301.23, Group Use;

(h) Res 7302.03, Camping Permits;

(i) Res 7403, Special Use Permits;

(j) Res 7404, Group Reservations;

(k) RSA 216-A:3, Agreement with other state agencies, the federal government, municipalities or other public and private agencies, including but not limited to agreements with friends groups, partner organizations and volunteers;

(l) RSA 227-H:9, Leasing of Privileges and Concessions;

(m) Permissible uses granted under a property management plan;

(n) Guiding services that meet all of the following requirements:

(1) The activity is conducted outside developed areas of DRED properties, except that the following uses within developed areas shall not require a special use permit:

a. Organizations that serve youths and children, such as but not limited to municipal recreation departments, non-profit and commercial youth groups and camps, that provide youth-based guiding services that are conducted within developed DRED areas and qualify under that department’s group use, school group or bus pass program, as established in accordance with the department’s fee package pursuant to RSA 216-A:3-g;

b. Fishing guides using public boat access facilities located on the below listed DRED lands and managed under agreement with the department of fish and game, when used for the sole purpose of accessing the body of water:

Bedell Bridge state park;
Greenfield state park;
Pawtuckaway state park; and
Wellington state park;

(2) The activity is within the normal and routine recreational use of DRED lands, such as but not limited to hunting, fishing, hiking, birding, nature, canoe, kayak, and climbing guiding; and

(3) The activity does not otherwise require a special use permit under Res 7403.01.

(o) Programs, events or activities initiated, sponsored or conducted by the department; and

(p) Events or activities solely involving the expression of views, such as assemblies, meetings and demonstrations that:

(1) Is not a special use or commercial use listed under Res 7403.01 (a) through (m); and

(2) Does not involve such numbers of people that it would overwhelm the specific location and degrade visitor experience, as determined by the department.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

Part Res 7402 Definitions.

N.H. Code Admin. R. Ann. Res 7402.01 Definitions

(a) “Developed” means those lands, facilities and resources that have improvements where staff or services are provided or fees are charged, such as but not limited to lawns and fields maintained by regular mowing, picnic areas, pavilions, group use areas, playgrounds, play areas, athletic fields, bathhouses, toilet buildings, park stores, visitors centers, educational facilities, administrative facilities, maintenance facilities, dwellings, camps, cabins, yurts, campsites and campgrounds, beaches, boat launches, and roadways, trails and parking areas directly within or directly associated with developed areas.

(b) “DRED lands, facilities and resources” means those lands, facilities and resources under jurisdiction of the department or rights granted by third parties held by the department, including but not limited to historical, cultural and natural resources such as water bodies, geology, vegetation and soil, and improvements such as facilities, structures, roads, trails and landscaping.

(1) Income is derived from use of DRED lands, facilities and resources, directly or indirectly, regardless of the intent to produce a profit, as determined by the department;

(2) Attendees, participants or guests are charged a fee by the individual, business, group or organization;

(3) The sale, promotion, exchange or demonstration of goods or services;

(4) Canvassing or soliciting, excepting the use of a vehicle, boat or clothing permanently affixed with a commercial logo or insignia; or

(5) Fundraising or membership drives, even if for a non-profit or charity organization.

(d) “Degradation of the visitor experience” means the event, activity or use disrupts traditional public park use or unduly inconveniences abutting landowners or the general public and causes or might cause any of the following conditions:

(1) Impose on or conflict with the use of DRED lands, facilities and resources by the public at large;

(2) Excessive noise so as to deny others their right to quiet enjoyment of their recreational use of DRED lands, facilities and resources; or

(3) Multiple complaints from other visitors or parties, as determined by the department.

(e) “Special use” means any event, activity or use that is beyond the normal or routine recreational use of a specific DRED property or an event, activity or use requiring a permit under Res 7403.01

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

Part Res 7403 Rules Relating to Special Use Permits

N.H. Code Admin. R. Ann. Res 7403.01 Special Use Permit Required

Except for Res 7401.03, a permit shall be required for any special use or commercial use of a DRED land, facility or resource, including the following uses:

(a) The use of a property over an extended period of time;

(b) Any organized event or use which shall occur beyond the regular operating season or outside the regular operating hours of a specific property or at an unstaffed property, unless provided for under group reservations in Res 7404;

(d) Any commercial or service-based use by individuals, businesses, groups or organizations, regardless of the intent to produce a profit, including but not limited to fundraising and charity events, guide and other recreation- or environmental-based services, education, training and classes, unless excluded in Res 7401.03(n);

(e) Any event, activity or use where a third party is contracted to provide products or services, including food or alcohol served by or to third parties, or entertainment, unless provided for under group reservations in Res 7404;

(f) Any event, activity or use that require the addition of equipment or structures onsite, including but not limited to party tents, tables and chairs, amplified musical equipment, generators, and portable lighting, bounce houses, portable climbing walls, dunk tanks, live animals, wildlife nesting or viewing platforms, cameras, recording devices, or communications equipment, unless provided for under group reservations in Res 7404;

(g) Conducting research, collecting information or data, a pilot, test, or proof-of-concept program or project;

(h) Filming, photography or recording activities intended for commercial use and conducted by commercial or professional filming, photography and recording studios, companies and businesses;

(i) Military exercises;

(j) Any event, activity or use that is otherwise prohibited within a DRED property, such as but not limited to, access to otherwise restricted areas or where alcohol will be present where normally prohibited, unless provided for under group reservations in Res 7404;

(k) Any event, activity or use that requires prior approval from the department, such as but not limited to trail maintenance or cutting vegetation for scenic views;

(l) Any event, activity or use that requires DRED staff to provide services or assistance beyond their normal or routine duties, operations or hours, unless provided for under group reservations in Res 7404;

(m) Any event, activity or use that is beyond the normal or routine recreational use of a specific DRED property as determined by the department, except as is provided for under exclusions in Res 7401.03; and

(n) Events, activities or use solely involving the expression of views, such as assemblies, meetings and demonstrations that is not a special use or commercial use listed under Res 7403.01 (a) through (m), but involves such numbers of people that it would overwhelm the specific location and degrade the visitor experience as determined by the department.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7403.02 Application for Special Use Permit

(a) At least 30 days prior to the proposed event, activity or use, hereinafter referred to as “use,” requiring a special use permit, an individual, business, organization or group, hereinafter referred to as the “applicant,” shall apply for a special use permit by completing and submitting a special use permit application provided by the department.

(b) Where the proposed use is noncommercial activities solely involving the expression of views under Res 7403.01 (n) occasioned by events coming into public knowledge within one month prior to the planned event, the applicant shall apply for a special use permit at least 72 hours prior to an event.

(1) Name, address, day-time telephone number and email address of the individual, or in the case of group use, the name of the organization and the name, address and day-time telephone number of the contact person for the organization;

(2) Name of the DRED property and the facility or area within the property where the proposed use is requested to be held;

(3) The following information about the proposed use:

a. Name, type of use, and brief description of the use;

b. Proposed activities, programs, services, music and entertainment;

c. Number of staff, employees and volunteers that will be onsite;

d. Number of guests, participants and spectators;

e. Date(s) and beginning and ending time(s) of the use including setup and dismantling;

f. Any equipment or third-party vendors or contractors that will be brought onsite; and

g. Any fees charged, including but not limited to entry or participant fees, food and beverage service, products or goods for purchase, services offered or requests for donations;

(4) Any additional needs or special considerations, such as but not limited to access to otherwise restricted areas, access to utility services such as electrical, phone and water, the need for department staff assistance, additional waste and sanitation management, traffic control, or additional parking;

(5) The need for law enforcement and emergency medical response services onsite;

(6) Whether alcohol will be served at the event, and if so, whether by licensed bartender or caterer; and

(7) Whether direct or indirect income, regardless of the intent to make a profit, will be derived from the use of the DRED land, facilities and resources. When revenue is generated and is used to determine an event fee under 7403.02(j), a, such as but not limited to an income and expense report with a comparison of gross revenue versus net revenue, shall be required within 60 days following the use.

(d) All information shall be legible.

(e) General liability insurance coverage shall be required from the applicant or organization so as to reasonably protect the state against actions and claims arising from the use. The amount of liability insurance coverage shall be determined by the department based upon the type, extent and risk to persons and property associated with the use, but shall not exceed the limits on actions and claims against the state pursuant to RSA 541-B:14.

(f) The applicant shall include a copy of the following:

(1) A certificate of insurance as proof of liability insurance coverage that:

a. Is valid for the duration of the use, including setup and dismantling;

b. Provides coverage for all in attendance, including but not limited to the staff, employees, volunteers, guests, participants and spectators;

c. Lists the applicant or organization as the insured; and

d. Lists the State of New Hampshire as a certificate holder and as an additional insured as may be required by the department.

(g) General liability insurance coverage shall not be required for use solely involving the expression of views that is not a special use or commercial use listed under Res 7403.01 (a) through (m).

(h) The applicant shall:

(1) Sign and date the application;

(2) Certify by his or her signature agreement to:

a. The use of the DRED lands, facilities and resources, and specified areas as required under Res 7406 and as stated in the permit;

b. Fulfill all requirements requested by the department, including but not limited to any conditions, stipulations, or restrictions of the permit, the final payment of fees and the submission of any required information, documents or reports; and

c. The information provided as complete and accurate, and no willful misrepresentations or omissions are made;

(3) Agree to indemnify and hold harmless the State with respect to liability for bodily injury or property damage caused in whole, or in part, by the applicant's acts or omissions, or the acts or omissions of those within the applicant's party, or the acts or omissions of those acting on the applicant's behalf, to the extent RSA 99-D:1 and 2 do not apply; and

(4) Obtain any and all federal, state, or local permits and licenses, if applicable.

(i) The applicant shall include a non-refundable administrative fee, as established in accordance with the department’s fee package pursuant to RSA 216-A:3-g and RSA 227-H:9, unless the permit application is denied by the division and the administrative fee is refunded. If payment is by check or money order it shall be made payable to “Treasurer, State of New Hampshire;” except that an administrative fee shall not be required for use solely involving the expression of views that is not a special use or commercial use listed under Res 7403.01 (a) through (m), however the applicant shall pay all other fees generally charged to the public such as day-use and parking fees.

(j) The applicant shall pay all other applicable fees in the manner contracted, including but not limited to an event fee, which shall be based upon such considerations as but not limited to day use fees, parking fees, cost recovery, fair market value, number of guests, participants or spectators, revenue generated, and date and time of the event.

(k) The applicant shall mail, hand-deliver, or submit online if such online service is available, the completed application, fees, and attachment(s) to the authorized department personnel or to:

Department of Resources and Economic Development

Division of Forests and Lands or Division of Parks and Recreation (as appropriate)

Special Use Permit Program

172 Pembroke Road

P.O. Box 1856

Concord, NH 03302-1856

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

Part Res 7404 Rules Relating to Group Reservations of Certain Dred Facilities

N.H. Code Admin. R. Ann. Res 7404.01 Group Reservation Required

Except for uses requiring a special use permit under Res 7403.01 or excluded under Res 7401.03, any reserved or exclusive use of DRED lands, facilities and resources, such as but not limited to pavilions, group use areas, the Hampton Beach Seashell and associated function areas, and trails, used for private parties, gatherings, meetings and activities, shall require advance reservation through the authorized department personnel.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7404.02 Request For Group Reservation

(a) At least 30 days prior to an event requiring a group reservation, an individual, business, organization or group, herein after referred to as the “applicant,” shall request a group reservation by contacting the authorized department personnel.

(b) Where the proposed group reservation is noncommercial activities solely involving the expression of views occasioned by events coming into public knowledge within one month prior to the planned event, an applicant shall request a group reservation at least 72 hours prior to an event.

(1) Name, address, day-time telephone number and email address of the individual, or in the case of group use, the name of organization and the name, address and day-time telephone number of the contact person for the organization;

(2) Name of the DRED property and the facility or area within the property where the event is requested to be held;

(3) The following information about the proposed event:

a. Name, type of event, and brief description of the event;

b. Proposed activities, programs, services, music and entertainment;

c. Number of staff, employees and volunteers that will be onsite;

d. Number of guests, participants and spectators;

e. Date(s) and beginning and ending time(s) of the event including setup and dismantling; and

f. Any equipment or third-party vendors or contractors that will be brought onsite;

(4) Any additional needs or special considerations, such as but not limited to style set-up of the function space, access to utility services such as electrical, phone and water, traffic control, police detail or additional parking; and

(5) Whether alcohol will be served at the event, and if so, whether by licensed bartender or caterer.

(d) All information shall be legible.

(e) General liability insurance coverage shall be required from all third-party vendors so as to reasonably protect the state against actions and claims arising from the event. The amount of liability insurance coverage shall be determined by the department based upon the type, extent and risk to persons and property associated with the event, but shall not exceed the limits on actions and claims against the state pursuant to RSA 541-B:14.

(f) Should the applicant hire third-party vendors, such as but not limited to a tent rental company, rental of tables and chairs, caterers and bartenders, and DJs and bands, the applicant shall include the following:

(1) Name and phone number of the third-party vendor; and

(2) A certificate of insurance as proof of liability insurance coverage held by the third-party vendor, valid on the date of the event, and listing the vendor as the insured.

(g) The applicant shall be sent a group reservation form, rental agreement or facility use agreement, hereinafter referred to as “group reservation form,” and:

(1) Sign and date the group reservation form;

(2) Certify by his or her signature agreement to:

a. The use of the DRED lands, facilities and resources, and specified areas as required under Res 7406 and as stated in the group reservation form;

c. The information provided as complete and accurate, and no willful misrepresentations or omissions are made;

(2) Agree to indemnify and hold harmless the State with respect to liability for bodily injury or property damage caused in whole, or in part, by the applicant's acts or omissions, or the acts or omissions of those within the applicant's party, or the acts or omissions of those acting on the applicant's behalf, to the extent RSA 99-D:1 and 2 do not apply; and

(3) Obtain any and all federal or state permits and licenses, if applicable.

(h) The applicant shall include a reservation and rental fee, as established in accordance with the department’s fee package pursuant to RSA 216-A:3-g. If payment is by check or money order it shall be made payable to “Treasurer, State of New Hampshire.” For events solely involving the expression of views the applicant shall pay all fees generally charged to the public such as but not limited to day-use fees, reservation and rental fees, and parking fees.

(i) The applicant shall mail, hand-deliver, or submit online if such online service is available, the completed group reservation request, fees, and attachment(s) to the appropriate authorized DRED personnel of the DRED property at which the applicant wishes to reserve a facility.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

Part Res 7405 Review of Applications for Reserved and Privileged Use of Dred Lands, Facilities and Resources

N.H. Code Admin. R. Ann. Res 7405.01 DRED Authority

(a) The director of forest and lands or the director of parks and recreation, or both, their respective assignees, shall be authorized to review and approve special use permit applications and group reservation requests that are within their respective jurisdictions pursuant to Res 7400.

(b) For purposes of this part, an “application” means an application for a special use permit, as is required under this chapter.

(d) An “agreement” means either:

(1) A special use permit;

(2) A group reservation form;

(3) A rental agreement; or

(4) A facility use agreement, as is applicable under this chapter.

(e) A group reservation form, rental agreement, and facility use agreement shall collectively be referred to as “group reservation form,” under this chapter.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7405.02 Review of Applications and Requests

(a) The DRED authority shall approve an application or request for reserved or privileged use of DRED lands, facilities and resources if the conditions set forth herein are met:

(1) The application or group reservation form is signed and complete;

(2) The applicant has complied with the requirements of Res 7403.02 or Res 7404.02, whichever shall apply;

(3) The application or request was received in the time required; and

(4) The application or request includes all documents necessary at the time of application or request submission, such as but not limited to proof of liability insurance and payment of applicable fees.

(b) Notwithstanding (a) above, the application or request shall be denied if one or more of the following circumstances are present, as determined by the DRED authority:

(1) The proposed use or activity violates deed restrictions or is inconsistent with department management purposes for the specific DRED lands, facilities and resources, as determined by the department;

(2) The location sought is not suitable because the proposed use or activity would materially impact the characteristics or functions of DRED lands, facilities and resources;

(3) The location sought is not suitable because DRED lands, facilities and resources are reasonably likely to be harmed by the proposed use or activity;

(4) The proposed use or activity is prohibited by federal or state law unrelated to the content of expressive activity;

(5) The proposed use or activity violates state public health laws and rules as applied to the proposed site;

(6) The proposed use or activity will pose a danger to public health, safety, and welfare;

(7) The location sought is not suitable because the proposed use or activity is of such nature or duration that it cannot reasonably be accommodated in that location;

(8) The proposed use or activity will delay, halt, impact, or prevent administrative use of an area by DRED or other scheduled or existing uses;

(9) The date and time requested have previously been allotted by special use permit or group reservation, or other contract or agreement;

(10) Within the preceding 2 years, the applicant has been granted a reservation or privileged use or other agreement and did, on that prior occasion, knowingly violate a material term or condition of the permit or agreement, or any law, ordinance, statute or regulation relating to use of the DRED lands, facilities, or resources;

(11) The proposed use or activity would unreasonably cause or contribute to the degradation of the visitor experience; or

(12) The proposed use or activity involves military or paramilitary training or exercises by private organizations or individuals.

(c) If the DRED authority approves an application or request for reserved or privileged use pursuant to Res 7405.02(a) above, the DRED authority shall forward to the applicant one completely executed copy of the special use permit or group reservation form.

(d) If the DRED authority does not approve an application or request for reserved or privileged use pursuant to Res 7405.02(b) above, the DRED authority shall notify the applicant in writing, citing the specific grounds contained within Res 7405.02(b) above for the denial.

(e) An applicant whose application or request is denied pursuant to Res 7405.02(b) above, may appeal to the commissioner within 5 business days of receipt of the denial, citing all reasons the denial was inappropriate. Upon receipt of the appeal, the commissioner shall notify the applicant, in writing, of his or her decision within 48 hours, citing any denial to the grounds contained within Res 7405.02(b) above.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

Part Res 7406 Use of Dred Lands, Facilities and Resources

N.H. Code Admin. R. Ann. Res 7406.01 Use of DRED Lands, Facilities, and Resources Granted Under Chapter 7400

(a) For purposes of this part, an “agreement” means a special use permit, group reservation form, rental agreement or facility use agreement, as is applicable under this chapter.

(b) Only the buildings, facilities, specified areas, or resources of the DRED lands identified in the agreement shall be used for the approved use or activity.

(d) The individual or group identified by the agreement shall comply with all the conditions of the agreement.

(e) For verification purposes, a copy of the agreement shall be presented to the manager or other authorized DRED personnel on the day of the scheduled use or activity.

(f) The use or activity, while engaged or executed, shall not unreasonably cause or contribute to the degradation of the visitor experience, as determined by the authorized DRED personnel.

(g) The use or activity, while engaged or executed, shall not cause environmental or property damage to DRED lands, facilities and resources, as determined by the authorized DRED personnel.

(h) Onsite signs, postings, decorations and setup for the use or activity shall be appropriate for a family-friendly park and forest environment, subject to the approval of the onsite manager or other authorized DRED personnel.

(i) Attendees and participants shall park in areas designated by authorized DRED personnel.

(j) All buildings, facilities, specified areas, or resources used for the approved use or activity shall be restored by the individual or group identified by the agreement to the same condition in which it was originally found, including the removal of all signs, postings, decorations, equipment and structures, and trash.

(k) Supervision of the use or activity shall be the responsibility of the individual or group identified by the agreement.

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

Part Res 7407 Suspension of Reserved and Privileged Use of Dred Lands, Facilities and Resources

N.H. Code Admin. R. Ann. Res 7407.01 Suspension of Use of DRED Lands, Facilities, and Resources Granted Under Chapter 7400

(a) For purposes of this part, an “agreement” means a special use permit, group reservation form, rental agreement or facility use agreement, as is applicable under this chapter.

(b) At any time, an authorized DRED personnel shall immediately suspend the agreement pursuant to RSA 541-A:30, III, and shall evict the person, group, organization, company, or contracted party, should any of the following occur, as determined by the authorized DRED personnel:

(1) Causing environmental or property damage;

(2) Causing damage to DRED lands, facilities or resources;

(3) Endangering public health, safety, or welfare;

(4) Unreasonably causing or contributing to the degradation of the visitor experience; or

(5) Violating the terms or conditions of the agreement.

(c) Any person, group or organization evicted from the property pursuant to the above, shall not receive a refund of department-related daily fees, including but not limited to, admission, parking, permit, or enterprise function fee, except for a portion of camping rental fees as allowed by RSA 216-I:6.

(d) Any person or organization evicted from the property pursuant to the above, shall not receive a refund of the unused portion of a season pass or seasonal or multi-year special use permit pending an adjudicative proceeding pursuant to RSA 541-A:30, III.

APPENDIX

Rule

Specific State Statute the Rule Implements

Res 7401.01 through Res 7406.01

RSA 12-A:2-c, I and II (a) and (b); RSA 227-G:4, I

Res 7407.01

RSA 12-A:2-c, I and II (a); RSA 541-A:30, III

History

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

Chapter Res 7800 Administrative Fines Pertaining to Violations of Recreational Use Rules

Part Res 7801 Fines Relating to All Parks and Dred Properties

N.H. Code Admin. R. Ann. Res 7801.01 Applicability

The provisions of Res 7802 shall apply to all department of resources and economic development (DRED) properties listed in Res 101.06, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by DRED to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

#10534, eff 3-1-14

Part Res 7802 Administrative Fines

N.H. Code Admin. R. Ann. Res 7802.01 Statement of Purpose

The purpose of these rules is to provide direction from the commissioner of the department of resources and economic development for the determination of appropriate administrative fine amounts for various violations under Res 7300, Res 7400, and Res 8500. It is also to insure, to the fullest extent practicable, that generally comparable administrative fine amounts will be assessed throughout the DRED properties.

History

#10534, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7802.02 Enforcement

(a) Infractions committed under Res 7300, Res 7400, or Res 8500 shall be reported by authorized DRED enforcement personnel as described in Res 7802.03.

(b) For the purposes of this rule, “authorized DRED enforcement personnel” means:

(1) The department commissioner;

(2) For the division of forests and lands:

a. The director of forests and lands;

b. The bureau administrators or chiefs;

c. The forest regional and district supervisors;

d. The forest supervisors, including equipment operator supervisors;

e. The forest managers;

f. The forest rangers; and

g. The forest patrol or forester;

(3) For the division of parks and recreation:

a. The director of parks and recreation;

b. The bureau administrators or chiefs;

c. The park or trails regional and district supervisors;

d. The park or trails supervisors, including equipment operator supervisors;

e. The park managers;

f. The ski patrol and ski lift attendants;

g. The state park patrol staff responsible for parking meter enforcement;

h. The state park mountain patrol;

i. The Hampton Beach state park lifeguards authorized to make decisions on behalf of the department; and

(4) State police; and

(5) For authorized municipalities acting under written agreement executed by the department commissioner pursuant to RSA 12-A:1-d, II, the municipal police and emergency department staff, as identified, and only upon those DRED properties identified in the agreement.

History

#10534, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7802.03 Methods of Reporting

(a) Any person who is charged with committing a violation of any rule or statute cited in Res 7802.04 shall be issued an official notice. Such notice shall constitute notice of the violation.

(b) Each notice shall contain the following:

(1) The person’s name, company name, if applicable, address, and date of birth;

(2) A description of the alleged violation;

(3) The statute or rule allegedly violated;

(4) The date and time of the alleged violation;

(5) The location of the alleged violation;

(6) An indication of the administrative fine amount for such violation;

(7) Notice of a right to an administrative hearing as authorized by RSA 541-A:31;

(8) Indication that the official notice was served in hand by the authorized DRED enforcement personnel;

(9) The signature and badge number, if applicable, of the authorized DRED enforcement personnel; and

(10) An appropriate space for the person to either admit or deny the substance of the violation.

(c) Any person who is disciplined by a written warning shall not be subject to administrative action or fine, provided that the person shall take the appropriate action to remedy the violation(s) which prompted the issuance of the written warning. All written warnings shall be reported to the director in the form of a remedial-action report.

(d) Each written warning shall contain the following:

(1) The person's name, company name, if applicable, address, and date of birth;

(2) A description of the alleged violation;

(3) The statute or rule allegedly violated;

(4) The date and time of the alleged violation;

(5) The location of the alleged violation;

(6) A description of the required action for remedy; and

(7) Indication that the official notice was served in hand by the authorized DRED enforcement personnel; and

(8) The signature and badge number, if applicable, of the authorized DRED enforcement personnel.

(e) Any person who has been charged with a violation shall answer the notice personally or by mail within 20 days of the date of the issuance of an official notice and shall provide the director of forests and lands or the director of parks and recreation, as appropriate, with an administrative plea to the charges. However, no answer shall be required in the case of an issuance of a written warning. Pleas shall be limited to consent or objection. Consent pleas shall include full payment of any fine due, in accordance with Res 7802.05.

(f) The department shall hold an adjudicative hearing in accordance with the provisions of Res 200 for any person who enters an administrative plea of objection to the charges.

History

#10534, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7802.04 Administrative Fine Amounts

(a) The Tier 1 administrative fine amounts shall be $25.00 for the first offense, $50 for a second offense, $100 for a third offense, and $250 for each subsequent offense for violation of the following rules:

Table 7802-1 Administrative Rules with Tier 1 Fines

RULE SUBJECT

Res 7301.08

relative to animals, except for: (1) Violations occurring at seacoast beaches, which shall be charged under Tier 2 (2) Violations occurring at Monadnock state park, which shall be charged under Tier 3

Res 7301.09

relative to equine and other animals used for utility

Res 7301.12

relative to games

Res 7301.13

relative to soliciting

Res 7301.15(b),(d)

relative to littering and sanitation, littering only, except for:

(1) Littering occurring at seacoast beaches, which shall be charged under Tier 2

Res 7301.16

relative to motor vehicles

Res 7301.17

relative to boats

Res 7301.18

relative to permitted use on trails

Res 7301.19

relative to metal detectors

Res 7301.20

relative to digging

Res 7301.21

relative to mineral collecting

Res 7301.23

relative to group use

Res 7301.26

relative to geocaching and letterboxing

Res 7301.27

relative to lost and found items

Res 7301.28

relative to feeding of wildlife

Res 7301.29

relative to smoking

Res 7302.02

relative to camping

Res 7302.03

relative to camping permits

Res 7302.04

relative to campers

Res 7303.02

relative to waterfront parks: swimming

Res 7303.03

relative to waterfront parks: glass bottles

Res 7303.04

relative to waterfront parks: beach fires

Res 7303.05

relative to waterfront parks: swimming and floatation equipment

Res 7303.06

relative to waterfront parks: digging

Res 7303.07

relative to waterfront parks: scuba diving

Res 7303.08

relative to waterfront parks: swimming instruction and handicapped swimming programs

Res 7303.09, except

(b),(h),(j),(k)

relative to seacoast parks and beaches, excluding alcohol, surfing, and air- and watercraft

Res 7304.02

relative to trail use limitations in the state operated ski area

Res 7304.03

relative to ski lifts

Res 7304.04

relative to ski equipment

Res 7304.06

relative to alcoholic beverages in the state operated ski area

Res 7304.07

relative to ski tickets

Res 7305.02

relative to trail use limitations on the Franconia Notch recreational trail

Res 7305.04

relative to limits on the Franconia Notch recreational trail

Res 7305.05

relative to trail uses not permitted on the Franconia Notch recreational trail

Res 8502.04 (a), (b)

relative to parking restrictions under the bureau of trails

(b) The Tier 2 administrative fine amounts shall be $50.00 for the first offense, $100 for a second offense, $250 for each subsequent offense for violation of the following rules:

Table 7802-2 Administrative Rules with Tier 2 Fines

RULE SUBJECT

Res 7301.05

relative to the protection of natural features and property

Res 7301.08

relative to animals, violations occurring at seacoast beaches

Res 7301.15(b),(d)

relative to littering occurring at seacoast beaches

Res 7301.24

relative to fireworks

Res 7301.25 (c),(d),(f)

relative to alcoholic beverages at Pawtuckaway, Silver Lake, historic sites

Res 7303.09(h),(j),(k)

relative to seacoast parks and beaches: surfing and air- or watercraft

Res 7305.06

relative to the protection of natural habitats

Res 7404.01

relative to group reservation required

Res 7406.01

relative to use of DRED lands, facilities, and resources

(c) The Tier 3 administrative fine amounts shall be $100.00 for the first offense, and $250 for each subsequent offense, for violation of the following rules:

Table 7802-3 Administrative Rules with Tier 3 Fines

RULE SUBJECT

Res 7301.03

relative to obeying the authority of DRED personnel

Res 7301.04(a)(1),(2)

relative to resisting or refusing eviction from the property and failing to restore damaged property

Res 7301.06

relative to the protection of historic resources

Res 7301.07

relative to restrictions in public use

Res 7301.08(g)(1)

relative to violations occurring at Monadnock state park

Res 7301.10

relative to hunting

Res 7301.11

relative to target shooting

Res 7301.14

relative to fires

Res 7301.15(a),(c)

relative to littering and sanitation, excluding littering

Res 7301.22

relative to constructing or erecting structures and signs

Res 7301.25(a),(e)

relative to alcoholic beverages at seacoast beaches and Livermore Falls

Res 7301.30

relative to reckless conduct on DRED properties

Res 7302.05

relative to camping: resisting or refusing eviction from the property

Res 7303.09 (b)

relative to seacoast parks and beaches: alcohol

Res 7304.08

relative to reckless conduct at the state operated ski area

Res 7305.03

relative to motor vehicle use on the Franconia Notch recreational trail

Res 7305.06

Protection of Natural Habitats: High-elevation protected wildlife habitat zones at Franconia Notch state park

Res 7403.01

relative to special use permit required

Res 7407.01

relative to the failure to comply with the suspension of use of DRED lands, facilities, and resources

Res 8502.04(c)

relative to parking restrictions under the bureau of trails

Res 8502.03

relative to bureau trail restrictions

Res 8503.02

relative to snowmobile trail restrictions

Res 8504.02

relative to ATV and trail bike trail restrictions

History

#10534, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7802.05 Administrative Fine Payments

(a) Any person who provides the director with an administrative plea to consent to the charge of a violation pursuant to Res 7802.04(e), shall also pay the administrative fine, received within 20 days from the date of the notice of violation. If paying by check or money order, the fine shall be made payable to treasurer, state of New Hampshire.

(b) Administrative fine payments shall be mailed or hand-delivered to:

Department of Resources and Economic Development

Division of Forests and Lands or Division of Parks and Recreation (as appropriate)

Administrative Fines

172 Pembroke Road

P.O. Box 1856

Concord, NH 03302-1856

History

#10534, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7802.06 Non-payment of Fines

Administrative fine payments not received within 20 days of the notice of violation in uncontested cases or within 20 days where a ruling has been made against the person shall be charged a non-payment fine in addition to the original fine amount as follows:

(a) After 20 days but prior to 30 days, the fine amount shall be $25.00;

(b) After 30 days but prior to 50 days, the fine amount shall be $50.00; and

(d) After 75 days the matter shall be forwarded to state attorney general’s debt recovery office pursuant to RSA 7:15-a.

History

#10534, eff 3-1-14

N.H. Code Admin. R. Ann. Res 7802.07 Previous Offenses

If a person has not committed the same offense in 7 years, the next offense shall be considered as a first offense.

APPENDIX

Rule

Specific State Statute the Rule Implements

Res 7801.01

RSA 12-A:2-c, I

Res 7802.01 through Res 7802.06

RSA 12-A:2-c, II(f) and IV; RSA 215-A:3-b, I; RSA 215-C:3-a, I; and RSA 227-G:4, V.

History

#10534, eff 3-1-14

Chapter Res 8400 Rules for the Grant-in-Aid Program

Part Res 8401 Purpose and Scope

N.H. Code Admin. R. Ann. Res 8401.01 Purpose of the Grant-In-Aid Program

(a) The purpose of the grant-in-aid program is to provide assistance to off highway recreational vehicle (OHRV) clubs, snowmobile clubs and political subdivisions for projects which will benefit the ridership of OHRVs, snowmobiles, or both.

(b) The intent of the program is to enhance the development, maintenance, construction, grooming and safety of public use OHRV and snowmobile trails in New Hampshire.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8401.02 Scope

These rules shall only apply to OHRV clubs, snowmobile clubs, and political subdivisions as defined by Res 8402.01(e), (f) and (g).

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15

Part Res 8402 Definitions

N.H. Code Admin. R. Ann. Res 8402.01 Definitions

(a) "Bureau chief" means the chief supervisor for the bureau of trails within the department of resources and economic development.

(b) “Class 1 and 2 equipment” means a snowmobile, either standard or wide tracked, an ATV or UTV, or similar style vehicle, which is used for trail grooming or maintenance.

(c) "Class 3 equipment" means a tractor used to groom or maintain trails with a horsepower range of 48 to 80 and a vehicle width between 60 inches and 72 inches.

(d) "Class 4 equipment" means a tractor used to groom or maintain trails with a horsepower range of 81 to 100 and a vehicle width between 76 inches and 86 inches.

(e) "Class 5 equipment" means a tractor used to groom or maintain trails with a horsepower range of 101 or more and a vehicle width of 87 inches or more.

(f) “Grant-in-Aid (GIA)” means the program administered by the Department of Resources and Economic Development, Bureau of Trails, pursuant to Res 8400.

(g) “Grooming or maintenance implement” means drags, rock rakes, blades, or any other attachment purchased, and used on, or towed behind equipment for the purpose of trail maintenance or grooming.

(h) “OHRV advisory committee” means the volunteer committee which advises the bureau chief about grants in aid projects. The committee shall be made up of an OHRV representative from each bureau district which is recommended to the bureau chief by the NH off highway vehicle association, and approved by the bureau chief, based upon the trail maintenance and volunteer club experience of the individual.

(i) "OHRV club" means "OHRV club" as defined in RSA 215-A:1, V-a, namely "an organized, dues-paying group of OHRV users with bylaws, registered with the secretary of state as a nonprofit organization."

(j) "Political subdivision" means a town, city, county, or another department or division of the state.

(k) “Snowmobile advisory committee” means the volunteer committee which advises the bureau chief about grants in aid projects. The committee shall be made up of a snowmobile representative from each county which is recommended to the bureau chief by the NH snowmobile association, and approved by the bureau chief, based upon the trail maintenance and volunteer club experience of the individual.

(l) "Snowmobile club" means "snowmobile club" as defined in RSA 215-C:1, XVI, namely "an organized, dues-paying group of snowmobile users with bylaws, registered with the secretary of state as a nonprofit organization."

(m) "Trail administrator" means a member of an OHRV club, snowmobile club or political subdivision designated or elected to enter into agreements with the bureau for grant-in-aid purposes.

(n) "Winter season" means the months of November through April and when the ground is predominantly covered with snow.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

Part Res 8403 Program Information

N.H. Code Admin. R. Ann. Res 8403.01 Uses of Grant-In-Aid

Grant-in-aid (“GIA”) shall be used for the development and maintenance of OHRV and snowmobile trails on private, state, federal, or municipal lands. All state, federal or municipal permits required shall be the responsibility of the OHRV club, snowmobile club or political subdivision applying for grant-in-aid.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8403.02 Percentages of Grant-In-Aid

Grant-in-aid shall be limited to the following percentages:

(a) 100% of the cost of purchasing materials for trail construction and maintenance;

(b) 60% of the cost of renting equipment required to complete a project;

(d) 75% of the cost of reconditioning trail grooming equipment;

(e) 70% of the cost of operations for summer trail grading and winter trail grooming;

(f) 50% of the cost of parking lot snow removal;

(g) 50% of the cost of liability insurance premiums for trail grooming equipment; and

(h) 100% of trail signs funded by the program and provided by the bureau.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8403.03 Reduction of Grant-In-Aid

(a) Should OHRV or snowmobile revenues fall short of the estimated amounts, grant-in-aid awards shall be reduced by the amount of the revenue shortfall. If GIA revenues are insufficient to fund projects at the percentages noted in Res 8403.02, the bureau shall have the ability to offer partial funding to a club, which is lower than those proportions noted in Res 8403.02, and the club may determine if they wish to accept the lower project funds.

(b) Any non-GIA grant(s) received for purchases of equipment shall be deducted from the total cost of a new or used piece of equipment before calculating a grant in aid award.

(c) In the event that a club is purchasing new equipment, and that club is selling or trading-in property previously purchased through the GIA program as part of the financing for that new equipment, then the bureau shall compare the value of that sale or trade-in against the amount of the purchase price not covered by the GIA award. If the sale or trade-in value is greater than the proportion of the purchase price not covered by the GIA award, then the Bureau shall reduce the GIA award below that specified in Res 8403.02 to the extent necessary to prevent the combination of the sale or trade-in value and the GIA award from exceeding 100% of the value of the new equipment.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8403.04 Deadlines for Submitting Applications

(a) Grant-in-aid applications, pursuant to Res 8405.01 and 8405.02, for projects to be accomplished during the upcoming summer season shall be submitted no sooner than April 1 and no later than May 15 of each year. Projects shall include trail construction and maintenance, purchase and reconditioning of trail grooming equipment, summer grading operations, reimbursement of liability insurance premiums for trail grooming equipment, and trail sign orders.

(b) Grant-in-aid applications, pursuant to Res 8405.01 and 8405.02, for projects to be accomplished during the upcoming winter season shall be submitted no sooner than September 1 and no later than October 15 of each year. Projects shall include winter grooming operations and parking lot snow removal.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8403.05 Authorized Trail Administrator

Each OHRV club, snowmobile club and political subdivision requesting grant-in-aid shall authorize a trail administrator to represent their organization and shall complete and submit the signature page of the Grant In Aid Application Form 8405.01, 8405.02 or 8405.03, 2015 Version, as applicable. The trail administrator’s name shall be listed on the application.

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8403.06 Landowner Permission

All OHRV clubs, snowmobile clubs and political subdivisions seeking grant-in-aid for trail construction or maintenance shall obtain written landowner permission. Written permission shall not be required for summer grading and winter grooming operations, provided that the trail administrator verifies by signing the grant-in-aid application that permission has been received.

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8403.07 GPS/GIS Map Data

By October 2016 all clubs shall have their trail system mapped using GPS tracks and submit the information to the bureau annually. Clubs that have not provided trail locations in GPS, or other acceptable format, shall not be eligible for grant funds starting in 2017. Trails shall not need to be mapped using GPS tracks annually, but a GPS track quality map shall be provided annually and data for trail reroutes provided.

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15

Part Res 8404 Project Requirements

N.H. Code Admin. R. Ann. Res 8404.01 Multiple Projects

Only one application shall be required for multiple projects having the same application deadline provided that each listed project meets the criteria outlined in this part.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08; ss by #10850, eff 6-17-15
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8404.02 Trail Construction and Maintenance

Any project for trail construction and maintenance shall include the following to be submitted with the application:

(a) A detailed description of the proposed project;

(b) A statement of the type of work necessary to complete the project;

(d) A detailed trail map of the project area.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8404.03 Purchase of Trail Grooming or Maintenance Equipment

Any project for the purchase of trail grooming or maintenance equipment shall:

(a) Include a detailed description of the equipment to be submitted with the application that provides:

(1) The year of manufacture;

(2) The make of the equipment;

(3) Engine size;

(4) Fuel type; and

(5) Optional equipment desired;

(b) Include a signed quote from a proposed vendor including the proposed vendor’s address and telephone number to be submitted with the application;

(c) If the applicant for a trail grooming equipment grant is also selling or trading equipment previously purchased through the grant-in-aid program to another OHRV club, snowmobile club or political subdivision, include a detailed description of the equipment to be submitted with the application that provides:

(1) The make, model and size of the equipment;

(2) The year of manufacture;

(3) The original cost of the equipment;

(4) The amount of grant-in-aid provided for the purchase of the equipment; and

(5) The year of purchase by the applicant;

(d) Include an agreement by the grantee to maintain equipment purchased through the grant-in-aid program in good mechanical condition; and

(e) Include an insurance policy for all equipment purchased through the GIA program sufficient to cover the equipment’s actual cash value for the term of the GIA award pursuant to Res 8404.04:

(1) The insurance policy shall name the State of New Hampshire as a certificate holder.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8404.04 Terms of Ownership

(a) No equipment previously purchased through the grant-in-aid program shall be sold or traded by a grantee except as follows:

(1) For class 1 or 2 equipment previously purchased through the GIA program, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if the equipment has been in the possession of the club for 7 years from the date of the purchase;

(2) For any equipment that was in new condition when purchased through the GIA program and not subject to (1) above, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if:

a. The equipment has been in the possession of the club for 7 years from the date of purchase; and

b. The equipment has had 3000 hours of operation;

(3) For any equipment that was in used condition when purchased through the GIA program and not subject to (1) above, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if:

a. The equipment has been in the possession of the club for 5 years from the date of purchase; and

b. The equipment has had 1300 hours of operation;

(4) For any trail grooming or maintenance implements purchased through the GIA program, the club may sell or trade the implement and the state shall no longer claim an interest in the property if the implement has been in the possession of the club for 7 years from the date of purchase;

(5) If (1), (2), (3), and (4) above do not apply, and the equipment is no longer being used to provide trail maintenance or grooming services on trails used by the general public, then the club may sell the property provided that upon receipt of the sale proceeds the club shall return funds to the bureau in the same proportion as the bureau funded the initial purchase price;

(6) For any equipment owned by a club that ceases to participate in the GIA program, maintain public trails, disbands without reforming, or disbands without being absorbed into another participating organization, and to which (1) through (5) do not apply, the club shall:

a. Give the bureau the first opportunity to purchase the equipment for the non-GIA proportion of the equipment’s value; and

b. If the bureau does not purchase the property pursuant to (a) above, reimburse the GIA program a portion of the sale price in the same proportion as the bureau funded the initial sale price;

(7) If a piece of equipment is replaced in violation of (1) through (6), above, then the replacement equipment shall be subject to the same terms and conditions set forth upon the original grant funded equipment for the remainder of the time period during which the club could not sell or trade that equipment without further violating 8404.04;

(b) The State of New Hampshire shall retain an interest in the form of a lien on any and all equipment purchased through the grant-in-aid program. The Bureau shall file a financing statement with the Secretary of State pursuant to RSA 382-A:9. The financing statement shall:

(1) Describe the equipment subject to the lien;

(2) Identify the club that owns the equipment; and

(3) Identify the State of New Hampshire as the secured party.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8404.05 Reconditioning of Trail Grooming Equipment

(a) Any project for the reconditioning of trail grooming equipment shall:

(1) Be limited to class 3, 4 and 5 of grooming tractors;

(2) Have a minimum of 3,000 hours of operation or be a minimum of 7 years of age from date of manufacture;

a. for previously reconditioned grooming equipment, have another 1,700 hours of operation;

(3) Include a detailed description of the equipment to be submitted with the application that provides:

a. The year of manufacture;

b. The make of the equipment;

c. Engine size;

d. Fuel type; and

e. Optional equipment;

(4) Include a letter of justification for purchasing the equipment to be submitted with the application that provides:

a. A list of currently owned equipment;

b. The condition of the equipment; and

c. Any repair costs for the equipment;

(5) Include a signed quote from an authorized manufacturer’s representative including the representative’s address and telephone number to be submitted with the application; and

(6) Include an agreement by the grantee to maintain equipment reconditioned through the GIA program in good mechanical condition.

(b) Clubs shall retain and operate any equipment reconditioned through the grant-in-aid program for a minimum of 3 years, and 800 hours, from date of reconditioning, in addition to the requirements of Res 8404.04, before selling or trading the equipment. Clubs that sell or trade grooming equipment within 3 years, and less than 800 hours of operation, of a reconditioning grant shall reimburse the State of New Hampshire GIA program 50% of the reconditioning grant value.

(c) The State of New Hampshire shall retain an interest in the form of a lien on any and all equipment reconditioned through the grant-in-aid program. The Bureau shall file a financing statement with the Secretary of State pursuant to RSA 382-A:9. The financing statement shall:

(1) Describe the equipment subject to the lien;

(2) Identify the club that owns the equipment; and

(3) Identify the State of New Hampshire as the secured party.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.04)

N.H. Code Admin. R. Ann. Res 8404.06 Summer Trail Grading Operations

Any project for summer trail grading operations shall include the following to be submitted with the application:

(a) A trail map, identifying the areas to be graded;

(b) The total one-way mileage of trails to be graded;

(d) A detailed description of the grading equipment to be used including the make, model and size.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.05)

N.H. Code Admin. R. Ann. Res 8404.07 Winter Trail Grooming Operations

Any project for winter trail grooming operations shall include the following to be submitted with the application:

(a) A trail map, identifying the areas to be groomed;

(b) The total one-way mileage of trails to be groomed;

(d) A detailed description of the grooming equipment to be used including the make, model and size.

History

#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.06)

N.H. Code Admin. R. Ann. Res 8404.08 Parking Lot Snow Removal

Any project for snow removal from parking lots shall include the following to be submitted with the application:

(a) A map clearly showing the location of the parking lot;

(b) A detailed description of the parking lot including the size and approximate number of parking spaces available; and

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.07)

N.H. Code Admin. R. Ann. Res 8404.09 Liability Insurance for Trail Grooming Equipment

(a) Any project for the reimbursement of liability insurance premiums paid for trail grooming equipment shall include the following to be submitted with the application:

(1) A copy of the insurance certificate; and

(2) A copy of paid receipts;

(b) Liability insurance premium payments requested through the grant in aid program shall be considered for approval only during winter seasons where there is less than average snow fall for grooming, which shall be determined regionally in the state by the bureau chief.

(c) Such determination shall be made by March 1 of each winter and noticed to all clubs participating in the GIA program.

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.08)

N.H. Code Admin. R. Ann. Res 8404.10 Trail Signs

Any project for trail sign orders shall include a detailed trail map showing the location of the project area to be submitted with the application.

History

#10850, eff 6-17-15 (from Res 8404.09)

Part Res 8405 Applying for Grant-in-Aid

N.H. Code Admin. R. Ann. Res 8405.01 OHRV Grant-In-Aid Program Application

OHRV clubs and political subdivisions applying for grant-in-aid for summer OHRV projects shall complete, and submit, the OHRV Grant-In-Aid Program Application Form 8405.01, 2015 Version. Projects shall include trail construction and maintenance, purchase and reconditioning of trail grooming equipment, summer trail grading operations, reimbursement of liability insurance premiums for trail grooming equipment, and trail sign orders.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8405.02 Snowmobile Grant-In-Aid Program Application

Snowmobile clubs and political subdivisions applying for grant-in-aid for summer snowmobile projects shall complete, and submit the Snowmobile Grant-In-Aid Program Application Form 8405.02, 2015 Version. Projects shall include trailconstruction and maintenance, purchase and reconditioning of trail grooming equipment, reimbursement of liability insurance premiums for trail grooming equipment, and trail sign orders.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8405.03 Snowmobile Grooming and Snow Removal Grant-In-Aid Program Application

Snowmobile clubs and political subdivisions applying for grant-in-aid for winter snowmobile projects shall complete, and submit, the Snowmobile Grooming and Snow Removal Grant-In-Aid Program Application Form 8405.03, 2015 Version. Projects shall include winter trail grooming operations and/or parking lot snow removal.

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8405.04 Required Project Information

OHRV clubs, snowmobile clubs or political subdivisions shall submit required project information pursuant to Res 8404 with an application.

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8405.05 Submitting an Application

The OHRV club, snowmobile club or political subdivision shall mail or hand-deliver a completed application and all attachments, in accordance with the deadlines established in Res 8403.04, to:

Department of Resources and Economic Development

Bureau of Trails

172 Pembroke Road

Concord, NH 03302-1856

History

#9350, eff 12-24-08; ss by #10850, eff 6-17-15

Part Res 8406 Review of Grant-in-Aid Applications

N.H. Code Admin. R. Ann. Res 8406.01 Review of Grant-In-Aid Applications

(a) The bureau shall review all grant-in-aid applications within 15 working days of the deadlines established in Res 8403.04, with recommendations from the OHRV or snowmobile advisory committee, and shall recommend approval or denial of grant-in-aid to the bureau chief. In making a decision the bureau chief shall consider the advisory committees input.

(b) The bureau chief shall approve an application if:

(1) Significant control over the trail or project area is shown, such as landowner permission and equipment for project;

(2) Adequate resources are available to support the project, such as snowfall, land for development, and nearby services to assist trail users;

(3) Anticipated levels of trail use can justify expenditures;

(4) Needs of the area and trail system are met;

(5) The project area is accessible to the public trail user;

(6) Public facilities are available, such as parking, fuel, lodging, and food;

(7) Environmental impacts are minimized and natural features are preserved where possible; and

(8) All applicable statutes and rules with previous grant-in-aid projects have been complied with.

(c) Following approval of an application, the bureau chief shall forward to the OHRV club, snowmobile club or political subdivision, a grant-in-aid agreement for signature by the trail administrator.

(d) The signed grant-in-aid agreement shall be returned to the bureau for execution.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

Part Res 8407 Notification

N.H. Code Admin. R. Ann. Res 8407.01 Notification

(a) Following approval of a grant-in-aid agreement, the bureau chief shall forward to the OHRV club, snowmobile club or political subdivision, within 20 days of approval, one completely executed copy of the grant-in-aid agreement and a letter of acceptance.

(b) In the event a grant-in-aid application is denied, the reason for such denial shall be made in writing to the applicant.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

Part Res 8408 Reimbursement Requirements

N.H. Code Admin. R. Ann. Res 8408.01 Grant-In-Aid Billing Form

(a) OHRV clubs, snowmobile clubs and political subdivisions requesting reimbursement for approved grant-in-aid projects shall complete, and submit, the Grant-In-Aid Billing Form 8408.01, 2015 Version.

(b) The club or political subdivisions shall include a copy of the following with the billing form:

(1) Paid receipts for the purchase of materials and for the rental of equipment for trail construction and maintenance reimbursements, if applicable;

(2) A paid receipt from the seller listing the total price paid, make, model, serial number, year of manufacture, engine size, fuel type, date of delivery for trail grooming equipment purchase reimbursements, and a bill of sale for any equipment sold or traded as part of the project, if applicable;

(3) A paid receipt from an authorized manufacturer’s representative listing the total price paid, make, model, serial number, year of manufacture, engine size, fuel type, and date of delivery for trail grooming equipment reconditioning reimbursements, if applicable;

(4) Log sheets detailing each day of grading for each piece of grading equipment for summer trail grading reimbursements, if applicable. All log sheets shall note the mileage graded and beginning and ending mileage, hour meter reading, or both, as appropriate;

(5) Log sheets detailing each day of grooming for each piece of grooming equipment for winter trail grooming reimbursements, if applicable. All log sheets shall note the mileage groomed and beginning and ending mileage, hour meter reading, or both, as appropriate;

(6) Paid receipts for snow removal for parking lot snow removal reimbursements, with dates of plowing listed, if applicable; and

(7) A paid receipt and the insurance certificate for liability insurance premiums reimbursements, if applicable;

(c) Clubs may request capital advances in the event of justified hardship being demonstrated, in writing, to the bureau chief. Such request shall include the financial records of the club. Any advances granted shall have proof of payment submitted back to the bureau within 60 days, or future requests for advances shall be denied;

(1) Requests for advances shall be submitted on a signed billing form and include a copy of the vendor invoice. Clubs must submit a copy of their current financial statements, showing their account information from their financial institution, to demonstrate an inability to pay expenses up front;

(2) No more than 75% of the grant value may be forwarded to the grantee in advance. Grantee shall be eligible for remaining 25% value of the grant only after all documents for advanced funds have been received and approved by the bureau;

(d) The OHRV club, snowmobile club or political subdivision shall mail or hand-deliver a completed billing form and all attachments to:

Department of Resources and Economic Development

Bureau of Trails

172 Pembroke Road

Concord, NH 03302

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8408.02 Time Limit for Reimbursements

All requests for reimbursement shall be submitted within the contract completion date as specified in the approved grant-in-aid agreement.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8408.03 Funds Not Used

Any funds which are part of a grant-in-aid project that are not used by the club or political subdivision for the purposes authorized by the approved application shall revert to the grant-in-aid program. Any remaining balances shall not be used for any other purpose by any club or political subdivision unless prior written permission is received from the bureau.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

N.H. Code Admin. R. Ann. Res 8408.04 Failure to Comply

Failure to comply with any of the rules governing the reimbursement of funds shall result in the non-reimbursement of any funds owed and shall cause future grant-in-aid requests to be denied providing corrections are not made within 15 working days of notification of any failure of rules compliance.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
#7238, eff 5-1-00, EXPIRED: 5-1-08
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

Chapter Res 8500 Bureau Trail Use Rules

Part Res 8501 Definitions

N.H. Code Admin. R. Ann. Res 8501.01 Definitions

(a) "ATV" means "all terrain vehicle (ATV)" as defined in RSA 215-A:1, I-b.

(b) "Bureau" means "bureau" as defined in RSA 215-A:1, II and RSA 215-C:1, III, namely "the bureau of trails in the department of resources and economic development."

(d) "Bureau snowmobile trail" means an established trail on DRED properties accepted for use for snowmobiles during the winter season but not exclusively used by snowmobiles.

(e) "Bureau trail" means any maintained OHRV or snowmobile trail on DRED properties.

(f) "Bureau trail bike trail" means an established trail bike course to be followed on DRED properties.

(g) "Conventional motor vehicle" means any vehicle designed primarily for highway travel.

(h) "Established trail" means a trail that has been opened for use by specific vehicles as indicated by signage issued by the bureau.

(i) "Mud season" means the period of time from April or loss of continuous snow cover through May 23 of each calendar year.

(j) "OHRV" means "off highway recreational vehicle" as defined in RSA 215-A:1, VI.

(k) "Operate" means "operate" as defined in RSA 215-A:1, VII, namely "to use that vehicle in any manner for transportation."

(l) "Snowmobile" means "snowmobile" as defined in RSA 215-C:1, XV.

(m) "Trail" means a course to follow or be followed.

(n) "Trail bike" means "trail bike" as defined in RSA 215-A:1, XIV.

(o) "UTV" means a “utility trail vehicle” as defined in RSA 215-A:1, XXIII.

History

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; EXPIRED 3-30-94
#5946, eff 12-23-94, EXPIRES: 12-23-02
#7457, eff 3-1-01; ss by #7796, eff 12-2-02; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

Part Res 8502 All Bureau Trails

N.H. Code Admin. R. Ann. Res 8502.01 Applicability

The provisions of Res 8502 shall apply to all bureau trails on department of resources and economic development (DRED) properties as listed in Res 101.06.

History

#4391-a, eff 3-30-88; EXPIRED 3-30-94
#5946, eff 12-23-94, EXPIRED: 12-23-02
#7457, eff 3-1-01, EXPIRED: 3-1-09
#9478, eff 5-23-09; ss by #10905, eff 8-5-15

N.H. Code Admin. R. Ann. Res 8502.02 Authority of Bureau Personnel

Persons shall obey all requests made by authorized bureau personnel in matters of public interest, public safety, or resources protection.

History

#7796, eff 12-2-02; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

N.H. Code Admin. R. Ann. Res 8502.03 Bureau Trail Restrictions

(a) No person shall operate an OHRV or snowmobile except in areas or trails established by the bureau for OHRV or snowmobile use;

(b) No person shall operate an OHRV or snowmobile on bureau trail posted as closed. Trail closures shall be accomplished by posting signs that spell out the prohibited activity, by public notification by authorized DRED personnel, or both, as appropriate;

(d) No person shall operate an OHRV at a speed in excess of 35 miles per hour (mph) on any bureau trail;

(e) No person shall operate a snowmobile at a speed in excess of 45 miles per hour (mph) on any bureau trail;

(f) No person shall operate an OHRV or snowmobile at a speed in excess of 35 mph at trail connectors;

(g) No person shall operate an OHRV or snowmobile at a speed in excess of 10 mph at signed trail junctions, in parking lots or when approaching or passing trail grooming equipment; and

(h) This section shall not apply to bureau personnel in the performance of their duties.

History

#9478, eff 5-23-09; ss by #10905, eff 8-5-15

N.H. Code Admin. R. Ann. Res 8502.04 Parking Restrictions

(a) No person shall park a conventional vehicle except in areas designated for parking;

(b) No person shall park a conventional vehicle in any area posted as restricted. Parking restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized DRED personnel, or both, as appropriate;

(d) Any conventional vehicle illegally parked as described above shall be subject to towing at the owner's expense; and

(e) This section shall not apply to bureau personnel in the performance of their duties.

History

#9478, eff 5-23-09 (from Res 8502.02); ss by #10905, eff 8-5-15

Part Res 8503 All Bureau Snowmobile Trails

N.H. Code Admin. R. Ann. Res 8503.01 Applicability

In addition to rules found in Res 8502, the provisions of Res 8503 shall apply to all bureau snowmobile trails on DRED properties as listed in Res 101.06.

History

#4391-a, eff 3-30-88; EXPIRED 3-30-94
#5946, eff 12-23-94, EXPIRED: 12-23-02
#7457, eff 3-1-01, EXPIRED: 3-1-09
#9478, eff 5-23-09; ss by #10905, eff 8-5-15

N.H. Code Admin. R. Ann. Res 8503.02 Snowmobile Trail Restrictions

(a) No person shall operate an OHRV other than an ATV, UTV, trail bike or snowmobile on snowmobile trails;

(b) No person shall operate a conventional motor vehicle on snowmobile trails;

(c) No person shall operate an ATV, UTV or trail bike on snowmobile trails unless posted as a permitted use. Trail restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized DRED personnel, or both, as appropriate; and

(d) No person shall operate an OHRV or snowmobile on plowed roads unless otherwise posted.

History

#9478, eff 5-23-09 (from Res 8503.01); ss by #10905, eff 8-5-15

Part Res 8504 All Bureau Atv, Utv and Trail Bike Trails

N.H. Code Admin. R. Ann. Res 8504.01 Applicability

In addition to rules found in Res 8502, the provisions of Res 8504 shall apply to all ATV and trail bike trails on DRED properties as listed in Res 101.06.

History

#4391-a, eff 3-30-88; EXPIRED 3-30-94
#5946, eff 12-23-94, EXPIRED: 12-23-02
#7457, eff 3-1-01; amd by #7796, eff 12-2-02; ss by #9478, eff 5-23-09; ss by #!0905, eff 8-5-15; ss by #10905, eff 8-5-15

N.H. Code Admin. R. Ann. Res 8504.02 ATV, UTV and Trail Bike Trail Restrictions

(a) No person shall operate an OHRV other than an ATV, UTV, trail bike or snowmobile on any ATV and trail bike trail;

(b) No person shall operate a conventional motor vehicle on any ATV, UTV and trail bike trail unless the trail has been posted for that use. Trail restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized DRED personnel, or both, as appropriate;

(d) The Ammonoosuc Recreational, Rockingham Recreational, and Sugar River rail trails shall be exempt from (c) above;

(e) No person shall operate an ATV, UTV or trail bike off established trails;

(f) Notwithstanding the provisions of Res 8502.01(d) no person shall operate an ATV, UTV, or trail bike at a speed in excess of 35 mph on any ATV and trail bike trail. Trails may be posted for lower speed limits on bureau trails;

(g) Notwithstanding the provisions of (f) above, no person shall operate an ATV, UTV, or trail bike at a speed in excess of 25 mph on the Ammonoosuc Rail, Greenville Branch, Hillsborough Branch, Rockingham Recreational, Sugar River, Upper Coos or Presidential Recreational trails;

(h) No person shall operate an ATV, UTV or trail bike at a speed in excess of 10 mph within 250 feet of gates and stop signs;

(i) No person shall operate an ATV, UTV or trail bike between 1/2 hour after sunset and 1/2 hour before sunrise unless posted open for use, or permitted under a special use permit pursuant to Res 7403. Trail restrictions shall be accomplished by posting signs that spell out the prohibited use; and

(j) No person shall operate an OHRV wider than 50 inches, total width, on bureau trails except in Coos and Grafton Counties, as provided for in RSA 215-A:43.

History

#9478, eff 5-23-09 (from Res 8504.01); ss by #10905, eff 8-5-15

Part Res 8505 Penalties

N.H. Code Admin. R. Ann. Res 8505.01 Penalties

A person who violates any rule of Res 8500 shall be guilty of a violation as provided for by RSA 215-A:19, I and RSA 215-C:34, I and shall be subject to a fine pursuant to RSA 651:2, III-a, IV(a), and Res 7802.04 and 7802.06.

History

#4391-a, eff 3-30-88; EXPIRED 3-30-94
#5946, eff 12-23-94, EXPIRED: 12-23-02
#7457, eff 3-1-01; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

Part Res 8506 Information

N.H. Code Admin. R. Ann. Res 8506.01 Bureau Trail Information

The public may obtain information regarding bureau trail uses as described in Res 103.01.

History

#7457, eff 3-1-01; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

N.H. Code Admin. R. Ann. Res 8506.02 Petitions for Declaratory Ruling

A declaratory ruling on the applicability of any statute or rule administered or enforced by the department shall be made through the petition process as described in Res 202.02.

Appendix

Rule

Specific State Statute the Rule Implements

Res 8401

RSA 215-A:23, VI (a)-(c) and RSA 215-C:39, VII (a)-(c)

Res 8402

RSA 541-A:7

Res 8403 through Res 8408

RSA 215-A:23, VI (b) and RSA 215-C:39, VII (b)

Res 8501

RSA 215-A:1; RSA 215-C:1; RSA 541-A:7

Res 8502.01 and Res 8502.02

RSA 12-A:2-c, II (a)

Res 8502.03 through Res 8504

RSA 12-A:2-c, I; RSA 12-A:2-c, II(a) and (b)

RSA 215-A:3, V; RSA 215-A:3-a, II; RSA 215-A:6

RSA 215-C:2, VI; RSA 215-C:3, I; RSA 215-C:8; RSA 215-A:29, XI and RSA 215-C:49, XIII

Res 8505

RSA 12-A:2-c, II(f), III, and IV; RSA 215-A:19, I; RSA 215-C:34, I, RSA 651-2, III-a; RSA 651-2, IV(a)

Res 8506.01

RSA 91-A:4

Res 8506.02

RSA 215-A:3-a, II

History

#9478, eff 5-23-09; ss by #10905, eff 8-5-15