agency-ncrN.H. Code Admin. R. Ann. Ncr — Commissioner, Department of Natural and Cultural Resources (Pursuant to 2017, 156:15, effective 7-1-17, the Department was established under RSA 12-A:1 and the Department of Resources and Economic Development (Res) abolished. The Department of Cultural Resources (Cul and Cul-H) was also abolished pursuant to 2017, 156:37, LIV, effective 7-1-17. Pursuant to 2017, 156:49, effective 7-1-17, existing rules numbered Res were transferred to the Department of Natural and Cultural Resources (Ncr) and the Department of Business and Economic Affairs (Bea), as applicable, and existing rules numbered Cul-H were transferred to the Department of Natural and Cultural Resources (Ncr). These rules continue in effect until they expire or are amended or repealed. Existing rules numbered Res will eventually be renumbered Ncr or Bea, as applicable. Existing rules numbered Cul-H will be renumbered Ncr.)

N.H. Code Admin. R. Ann. Ncr — Commissioner, Department of Natural and Cultural Resources (Pursuant to 2017, 156:15, effective 7-1-17, the Department was established under RSA 12-A:1 and the Department of Resources and Economic Development (Res) abolished. The Department of Cultural Resources (Cul and Cul-H) was also abolished pursuant to 2017, 156:37, LIV, effective 7-1-17. Pursuant to 2017, 156:49, effective 7-1-17, existing rules numbered Res were transferred to the Department of Natural and Cultural Resources (Ncr) and the Department of Business and Economic Affairs (Bea), as applicable, and existing rules numbered Cul-H were transferred to the Department of Natural and Cultural Resources (Ncr). These rules continue in effect until they expire or are amended or repealed. Existing rules numbered Res will eventually be renumbered Ncr or Bea, as applicable. Existing rules numbered Cul-H will be renumbered Ncr.)

agency-ncrN.H. Code Admin. R. Ann. NcrRegulation

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Chapter Ncr 200 Rules of Practice and Procedure

Part Ncr 201 Definitions

N.H. Code Admin. R. Ann. Ncr 201.01 Definitions {#sec-ncr-201.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 201.01}

(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 natural and cultural resources.

(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 natural and cultural resources, 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 202 Petitions to the Department

N.H. Code Admin. R. Ann. Ncr 202.01 Petitions for Adoption, Amendment, or Repeal of a Rule {#sec-ncr-202.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 202.01}

(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 Ncr 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 Ncr 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 202.02 Petitions for Declaratory Rulings {#sec-ncr-202.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 202.02}

(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 Ncr 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 202.03 Petition Requirements {#sec-ncr-202.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 202.03}

(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 Natural and Cultural Resources

172 Pembroke Road

Concord, New Hampshire 03301

History

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

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

N.H. Code Admin. R. Ann. Ncr 203.01 Authority of Presiding Officer {#sec-ncr-203.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 203.01}

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 the presiding officer’s 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 203.02 Withdrawal of Presiding Officer {#sec-ncr-203.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 203.02}

(a) Upon the presiding officer’s 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 the presiding officer has prejudged the facts of a case; or

(3) Personally believes that the presiding officer cannot fairly judge the facts of a case.

History

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 203.03 Waiver or Suspension of Rules by Presiding Officer {#sec-ncr-203.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 203.03}

The presiding officer, upon the presiding officer’s 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 204 Filing, Format, and Delivery of Documents

N.H. Code Admin. R. Ann. Ncr 204.01 Date of Issuance or Filing {#sec-ncr-204.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 204.01}

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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 204.02 Format of Documents {#sec-ncr-204.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 204.02}

(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 Ncr 204.03.

(b) A party’s 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 204.03 Delivery of Documents {#sec-ncr-204.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 204.03}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 205 Time Periods

N.H. Code Admin. R. Ann. Ncr 205.01 Computation of Time {#sec-ncr-205.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 205.01}

(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 this chapter 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 206 Motions

N.H. Code Admin. R. Ann. Ncr 206.01 Motions; Objections {#sec-ncr-206.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 206.01}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

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

N.H. Code Admin. R. Ann. Ncr 207.01 Commencement of Hearing {#sec-ncr-207.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 207.01}

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

History

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 207.02 Notice of Hearing {#sec-ncr-207.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 207.02}

(a) In this chapter, 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 207.03 Scheduling of Hearing {#sec-ncr-207.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 207.03}

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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 207.04 Postponements {#sec-ncr-207.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 207.04}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 207.05 Failure to Appear {#sec-ncr-207.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 207.05}

(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, the party shall have a decision rendered against them 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 208 Prehearings and Settlements

N.H. Code Admin. R. Ann. Ncr 208.01 Prehearing Conferences {#sec-ncr-208.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 208.01}

(a) Upon motion of any party, or upon the presiding officer’s 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 208.02 Settlements {#sec-ncr-208.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 208.02}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 209 Appearance and Representation; Conduct of Representation

N.H. Code Admin. R. Ann. Ncr 209.01 Representation {#sec-ncr-209.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 209.01}

(a) A party or intervenor shall have the right to represent themselves, 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’s 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 209.02 Conduct of Representation {#sec-ncr-209.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 209.02}

(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 their 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 Ncr 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 Natural and Cultural Resources

172 Pembroke Road

Concord, New Hampshire 03301

(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 Ncr 209.02(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 210 Right to Intervention

N.H. Code Admin. R. Ann. Ncr 210.01 Intervention {#sec-ncr-210.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 210.01}

(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, the presiding officer shall grant the motion for intervention.

History

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 211 Roles of Department Staff and Complainants

N.H. Code Admin. R. Ann. Ncr 211.01 Role of Department Staff in Enforcement or Disciplinary Hearings {#sec-ncr-211.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 211.01}

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

History

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 211.02 Role of Complainants in Enforcement or Disciplinary Hearings {#sec-ncr-211.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 211.02}

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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 212 Record, Proof, Evidence, and Decisions

N.H. Code Admin. R. Ann. Ncr 212.01 Record of the Hearing {#sec-ncr-212.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 212.01}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 212.02 Standard and Burden of Proof {#sec-ncr-212.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 212.02}

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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 212.03 Order of Proceeding {#sec-ncr-212.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 212.03}

(a) Any person offering testimony, evidence, or argument shall state for the record their 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 212.04 Evidence {#sec-ncr-212.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 212.04}

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

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

History

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 213 Conclusion; Closing and Reopening Records

N.H. Code Admin. R. Ann. Ncr 213.01 Conclusion of Hearing {#sec-ncr-213.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 213.01}

No party shall be required to rest their 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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 213.02 Closing the Record {#sec-ncr-213.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 213.02}

(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 Ncr 213.03.

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 213.03 Reopening the Record {#sec-ncr-213.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 213.03}

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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 214 Decisions and Orders

N.H. Code Admin. R. Ann. Ncr 214.01 Decisions {#sec-ncr-214.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 214.01}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 214.02 Orders {#sec-ncr-214.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 214.02}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 215 Motion for Rehearing

N.H. Code Admin. R. Ann. Ncr 215.01 Filing and Content of Motion {#sec-ncr-215.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 215.01}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 215.02 Standard for Granting Motion for Rehearing {#sec-ncr-215.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 215.02}

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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 215.03 Decision on Motion for Rehearing {#sec-ncr-215.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 215.03}

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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Part Ncr 216 Request for Department Statement Explaining Rule

N.H. Code Admin. R. Ann. Ncr 216.01 Requests for Rule Explanation {#sec-ncr-216.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 216.01}

(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

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

N.H. Code Admin. R. Ann. Ncr 216.02 Requests for Rule Explanation Requirements {#sec-ncr-216.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 216.02}

(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 Natural and Cultural Resources

172 Pembroke Road

Concord, New Hampshire 03301

APPENDIX

Rule

Specific State or Federal Statutes or Regulations which the Rule Implements

Ncr 201

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

Ncr 202

RSA 541-A:29

Ncr 203.01

RSA 541-A:29-39

Ncr 203.02

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

Ncr 203.03

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

Ncr 204

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

Ncr 205

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

Ncr 206

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

Ncr 207.01

RSA 541-A:31, I and II

Ncr 207.02

RSA 541-A:31, III

Ncr 207.03

RSA 541-A:31, I and II

Ncr 207.04

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

Ncr 207.05

RSA 541-A:29-39

Ncr 208.01

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

Ncr 208.02

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

Ncr 209

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

Ncr 210

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

Ncr 211

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

Ncr 212.01

RSA 541-A:31, VI

Ncr 212.02

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

Ncr 212.03 and Ncr 212.04

RSA 541-A:33

Ncr 213.01

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

Ncr 213.02

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

Ncr 213.03

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

Ncr 214.01

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

Ncr 214.02

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

Ncr 215.01 and Ncr 215.02

RSA 541

Ncr 215.03

RSA 541:3

Ncr 215.04

RSA 541:4

Ncr 215.05

RSA 541:5

Ncr 216

RSA 541-A:11, VII

History

#14254, INTERIM, eff 5-23-25; ss by #14447, eff 12-4-25

Chapter Ncr 300 Natural Heritage Program

Part Ncr 301 Purpose

N.H. Code Admin. R. Ann. Ncr 301.01 Purpose {#sec-ncr-301.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 301.01}

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

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 302 Definitions

N.H. Code Admin. R. Ann. Ncr 302.01 Definitions {#sec-ncr-302.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 302.01}

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

(b) “DataCheck” means the results of using the DataCheck tool or a request submitted in accordance with Ncr 308.02 (b).

(c) “DataCheck tool” means an online data screening tool provided by the department of environmental services and the natural heritage bureau where the public can screen for known locations of rare species and exemplary natural communities.

(d) “Data sharing agreement” means a formal understanding that articulates the data that is being shared, how the data is allowed to be used, and for how long that data is allowed to be used.

(e) "Department" means "department" as defined in RSA 217-A:3, III, namely "the department of natural and cultural resources."

(f) “Ecological integrity assessment” means an assessment of the current status of the composition, structure, processes, and connectivity of a particular occurrence of an ecosystem type.

(g) "Endangered species" means "endangered species" as defined in RSA 217-A:3, IV, 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."

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

(i) “Environmental review” means a natural heritage bureau review of potential impacts to protected species, exemplary natural communities, and natural community system occurrences to enable planning, permitting, and funding.

(j) “Exemplary natural community” means “exemplary natural community” as defined in RSA 217-A:3, VII, namely “a viable occurrence of a rare natural community type or a high quality example of a more common natural community type as designated by the natural heritage bureau based on community size, ecological condition, and landscape context.”

(k) “Natural community” means an interactive assemblage of organisms, their physical environment, and the natural processes that affect them.

(l) “Natural community system” means more than one natural community co-occurring on the landscape and having a common set of characteristics such as climate, landforms, disturbance, nutrients, soils, bedrock, and hydrology.

(m) "Natural heritage bureau" means "natural heritage bureau" as defined in RSA 217-A:3, XII, namely " the bureau, administered within the division of forests and lands of the department which collects and analyzes data on the status, location, and distribution of native plant species and natural communities in the state, and develops and implements measures for the protection, conservation, enhancement and management of native New Hampshire plants."

(n) “Natural heritage bureau database” means the database that has records of current or formerly rare, threatened, endangered, and tracked plant and wildlife species, and exemplary natural communities.

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

(p) "Person" means "person" as defined in RSA 217-A:3, XIV, 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."

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

(r) "Protect" and "protection" means "protect" and "protection" as defined in RSA 217-A:3, XVI, 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."

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

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

(u) "Threatened species" means "threatened species" as defined in RSA 217-A:3, XX, 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

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 303 Criteria for the Natural Heritage Inventory

N.H. Code Admin. R. Ann. Ncr 303.01 Endangered Species {#sec-ncr-303.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 303.01}

(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 the Endangered Species Act; or

(2) Native plants species having 5 or fewer occurrences in the state observed within the last 20 years, or plants with more than 5 occurrences which are, in the judgment of botanical experts, vulnerable to extirpation due to other rarity and endangerment factors.

(b) Any plant found to comply with (a) above, for which a petition conforming to Ncr 304 has been submitted, shall be added to this natural heritage inventory.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 303.02 Threatened Species {#sec-ncr-303.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 303.02}

(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 the Endangered Species Act;

(2) Federal candidate species occurring in New Hampshire which are not contained in the natural heritage inventory of endangered species; or

(3) Native plant species having 6 to 20 natural occurrences observed within the last 20 years or species with more than 20 occurrences which are, in the judgement of botanical experts, vulnerable to becoming endangered due to other rarity and endangerment factors.

(b) Any plant found to comply with (a) above, for which a petition conforming to Ncr 304 has been submitted, shall be added to this natural heritage inventory.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 304 Petitions for Natural Heritage Inventory

N.H. Code Admin. R. Ann. Ncr 304.01 Petitions for Adding and Deleting Species from the Natural Heritage Inventory {#sec-ncr-304.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 304.01}

All petitions for adding and deleting species from the natural heritage inventory as “endangered” or “threatened” shall conform to the requirements set out in Ncr 304.02.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 304.02 Petition Requirements {#sec-ncr-304.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 304.02}

(a) The petitioner shall provide the following in a written petition:

(1) Petitioner's name and address;

(2) Date of petition;

(3) Scientific and common name of species;

(4) Taxonomic distinctiveness/taxonomic problem;

(5) Petitioner’s reason(s) for the request;

(6) Documentation of occurrence by herbarium specimens or good quality, diagnostic photographs;

(7) Locality of occurrence; and

(8) Signature of petitioner.

(b) All information shall be legible.

Department of Natural and Cultural Resources

NHB Administrator

172 Pembroke Road

Concord, New Hampshire 03301

nhb@dncr.nh.gov

(d) The natural heritage bureau shall request additional information necessary to make a reasonable determination.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 304.03 Notification {#sec-ncr-304.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 304.03}

After submitting a petition in accordance with Ncr 304.02, the following procedure shall occur:

(a) All petitions shall be reviewed according to the criteria set forth in Ncr 303.01 and Ncr 303.02 and either be approved or denied within 60 days after receipt of petition; and

(b) Should the petition be denied, the department shall notify the petitioner in writing of the specific reason(s) the petition does not meet the requirements of Ncr 303.01, Ncr 303.02, or Ncr 304.02.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 304.04 Extension of 60-Day Review Period {#sec-ncr-304.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 304.04}

(a) If the natural heritage bureau cannot make a reasoned determination within the 60-day review period as specified in Ncr 304.03 (a), a request for an extension shall be made.

(b) The natural heritage bureau shall:

(1) Make a request to the petitioner in writing;

(2) Specify the reason the bureau cannot make a reasoned decision on the petition within the 60-day review period; and

(3) Specify the additional time needed.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 304.05 Failure to Comply {#sec-ncr-304.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 304.05}

Failure to provide any of the information required under Ncr 304.02 shall result in denial of a petition unless corrections are made within 10 days of notification by the natural heritage bureau of any missing information.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 305 Exemplary Natural Communities

N.H. Code Admin. R. Ann. Ncr 305.01 Procedures for Identifying and Designating Exemplary Natural Communities {#sec-ncr-305.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 305.01}

(a) The natural heritage bureau shall assign exemplary natural community types a quality rank, ranging from A to D, a measure of ecological integrity, based upon:

(1) Size;

(2) Ecological condition; and

(3) Landscape context.

(b) The natural heritage bureau shall designate natural communities based on an ecological integrity assessment as exemplary natural communities if they are:

(1) Fair or better quality occurrences of less common natural communities; or

(2) High quality examples of more common natural communities.

(c) Any exemplary natural community found to comply with (a) and (b) above, for which a petition conforming to Ncr 306 has been submitted, shall be designated as an exemplary natural community.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 306 Petitions for an Exemplary Natural Community

N.H. Code Admin. R. Ann. Ncr 306.01 Petitions for Designating an Exemplary Natural Community {#sec-ncr-306.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 306.01}

All petitions for designating exemplary natural communities shall conform to the requirements set out in Ncr 306.02.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 306.02 Petition Requirements {#sec-ncr-306.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 306.02}

(a) The petitioner shall provide the following in a written petition:

(1) Petitioner's name and address;

(2) Date of petition;

(3) Natural heritage classification for the community;

(4) Petitioner’s reason(s) for the request;

(5) Documentation of vegetation, mapped extent, and quality rank;

(7) Locality of occurrence; and

(8) Signature of petitioner.

(b) All information shall be legible.

Department of Natural and Cultural Resources

NHB Administrator

172 Pembroke Road

Concord, New Hampshire 03301

nhb@dncr.nh.gov

(d) The natural heritage bureau shall request additional information necessary to make a reasonable determination.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 306.03 Notification {#sec-ncr-306.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 306.03}

After submitting a petition in accordance with Ncr 306.02, the following procedure shall occur:

(a) All petitions shall be reviewed according to the criteria set forth in Ncr 305.01 and either be approved or denied within 60 days after receipt of application; and

(b) Should the application be denied, the department shall notify the petitioner in writing of the specific reason(s) the petition does not meet the requirements of Ncr 305.01 (c), or Ncr 306.02.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 306.04 Failure to Comply {#sec-ncr-306.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 306.04}

Failure to provide any of the information for review shall result in denial of a petition unless corrections are made within 10 days of notification by the natural heritage bureau of any missing information.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 307 Release of Information

N.H. Code Admin. R. Ann. Ncr 307.01 Release of Information {#sec-ncr-307.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 307.01}

Information regarding the location and population of a plant species or natural community shall be exempt from disclosure pursuant to RSA 217-A:4, with the exception of specific location information released to:

(a) Landowners;

(b) A person affirming release of information at the request of the landowner; or

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 308 Conservation Programs and Procedures

N.H. Code Admin. R. Ann. Ncr 308.01 Conservation Programs {#sec-ncr-308.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 308.01}

(a) The natural heritage bureau shall establish programs for the protection of species listed under RSA 217-A:6 and for exemplary natural communities.

(b) Functions of conservation programs shall be at a minimum, but are not limited to:

(1) Acquisition of land and interests in land;

(2) Agreements with federal agencies, other states, agencies or political subdivisions of New Hampshire, or with individuals or private organizations for administration and management of any program; and

(3) Receipt and expenditure of funds, donations, grants, or other moneys, gifts, or bequests not exceeding $5,000, or exceeding $5,000 with the approval of the governor and council.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 308.02 Environmental Reviews {#sec-ncr-308.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 308.02}

(a) Each project proponent shall submit a DataCheck request to the natural heritage bureau conforming to the requirements set out in (c) below.

(b) Projects funded or implemented by state agencies which involve changes in land use or which would otherwise impact plant life shall be submitted by the project proponent to the natural heritage bureau which shall assess the potential impact on protected species contained in Ncr 312 and exemplary natural communities.

(1) Landowner’s name and email address;

(2) Project contact person’s name and email address;

(3) Date;

(4) Detailed description of proposed project, including:

a. Address of project, if applicable;

b. Types of permits required for project, if applicable; and

c. Any and all earth disturbance or tree clearing in the project area, if applicable;

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

(6) Proposed timetable of project.

(d) All information shall be legible.

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

Department of Natural and Cultural Resources

NHB Administrator

172 Pembroke Road

Concord, New Hampshire 03301

nhb@dncr.nh.gov

(f) The natural heritage bureau shall request additional information necessary to make recommendations.

(g) The natural heritage bureau shall review the information supplied and assess any potential impact on these species or exemplary natural communities. If there is probable cause to believe that species listed on the natural heritage inventory or exemplary natural communities would be impacted by the project, the natural heritage bureau shall make recommendations based on the known biology and ecology of the species and natural communities in question to provide for the survival of these species and persistence of these natural communities at the project site.

(h) The natural heritage bureau shall report on the actual or potential presence of protected species contained in Ncr 312 within 30 days of receiving an administratively complete request.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 309 Agreements and Acquisition of Real Property

Data sharing agreements with persons, state or federal agencies regarding protected species or exemplary natural communities shall be in the form of a written agreement.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 309.02 Acquisition of Real Property {#sec-ncr-309.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 309.02}

Pursuant to RSA 4:29, the department shall acquire real property by purchase or gift for the purposes of protecting species listed under Ncr 312 or exemplary natural communities.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 310 Acceptance of Funds and Fees for Services

N.H. Code Admin. R. Ann. Ncr 310.01 Receipt and Acceptance of Funds {#sec-ncr-310.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 310.01}

(a) Pursuant to the department of administrative services’ manual of procedures, the department shall receive and expend funds for the purpose of establishing programs regarding protected species or exemplary natural communities.

(b) Programs provided shall include, but not be limited to, conservation and resource management, environmental reviews, data sharing agreements, inventories, information services, publications, and reports.

(1) Deposited into the natural heritage bureau fund;

(2) Administered by the department; and

(3) Non-lapsing and continually appropriated.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 310.02 Fees for Services {#sec-ncr-310.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 310.02}

(a) The natural heritage bureau shall collect fees as specified in Ncr 310.03 to accomplish the purposes of RSA 217-A:7-a.

(b) Fees collected from applicants where the project is deemed to be beneficial to the natural heritage bureau shall be negotiated based on the scope of the project.

(c) Fees charged to governmental agencies pursuant to Ncr 310.03 shall be negotiated based upon the scope of the project and documented in writing in a memorandum of agreement or a data sharing agreement pursuant to Ncr 307.01 (c).

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 310.03 Fee Schedule {#sec-ncr-310.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 310.03}

The following fees shall apply as cited in Tables 310-1, 310-2 and 310-3 below:

Table 310-1 DataCheck and Environmental Review Screening Fees

DataCheck Request, Web Tool Screening (Records Found)

$25

DataCheck Request, Web Tool Screening (No Records Found)

No Charge

DataCheck Request, No Web Tool Screening (Map Mailed or Emailed)

$25

Hardcopy Request

$25

Environmental Review Screening of Large Projects (Linear Projects Longer Than One Mile in Length, or Project Segments of Any Length Separated by One Mile or More)

$60/hour

Table 310-2 Processing Fees

Data Sharing Agreements (Minimum 2 Hours at $60/hour)

$120

Table 310-3 Data Sharing Fees per Record

Federal Species (Precise Location and Full Taxonomy)

$10

Federal Species (General Location and Full Taxonomy)

State Species (Precise Location and Full Taxonomy)

State Species (General Location and Full Taxonomy)

$0.50

Federal Species (Precise Location and Taxonomic Group Only)

Federal Species (General Location and Taxonomic Group Only)

$2.50

State Species (Precise Location and Taxonomic Group Only)

State Species (General Location and Taxonomic Group Only)

$0.25

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 310.04 No Fee Required {#sec-ncr-310.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 310.04}

The natural heritage bureau shall not require a fee for:

(a) DataCheck tool screenings with no known record of protected species or exemplary natural community found in the vicinity; or

(b) Processing landowner requests for information unrelated to permit or funding applications.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 311 Waivers

N.H. Code Admin. R. Ann. Ncr 311.01 Waivers {#sec-ncr-311.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 311.01}

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

(a) To conduct scientific investigations;

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

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 311.02 Permit for Waiver Required {#sec-ncr-311.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 311.02}

(a) All parties seeking a waiver as authorized by RSA 217‑A:10, III, shall apply for a permit pursuant to (b)-(d) below.

(b) All applicants shall provide the following information:

(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.

(d) The application shall be emailed, mailed or hand-delivered to:

Department of Natural and Cultural Resources

NHB Administrator

172 Pembroke Road

Concord, New Hampshire 03301

nhb@dncr.nh.gov

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 311.03 Notification {#sec-ncr-311.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 311.03}

After submitting an application in accordance with Ncr 311.02 (b), the following procedure shall occur:

(a) All applications shall be reviewed according to the reasons set forth in Ncr 311.01 and either be approved if it falls under the reasons specified in Ncr 311.01 or denied within 60 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 Ncr 311.01.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 311.04 Failure to Comply {#sec-ncr-311.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 311.04}

Failure to provide any of the information for review shall result in denial of an application unless corrections are made within 10 days of notification by the natural heritage bureau of any missing information.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

N.H. Code Admin. R. Ann. Ncr 311.05 Exceptions {#sec-ncr-311.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 311.05}

The natural heritage bureau shall grant exceptions to Ncr 301-Ncr 311 to the extent that such action meets the requirements of Ncr 311.01.

History

(See Revision Note at chapter heading for Ncr 300) #12980, eff 1-24-20

Part Ncr 312 Natural Heritage Inventory

N.H. Code Admin. R. Ann. Ncr 312.01 Federally Endangered and Threatened Plant Species {#sec-ncr-312.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 312.01}

The inventory in Table 312.1 below, listed by scientific name with authority, common name, and federal status, shall contain all federally endangered and threatened plant species pursuant to the Endangered Species Act:

Table 312.1 Federally Listed Rare Plant Species

Scientific Name (with authority)

Common Name

Federal Status

Astragalus robbinsii (Oakes) Gray var. jesupii Egglest. & Sheldon

Jesup's milk-vetch

Endangered

Isotria medeoloides (Pursh) Raf.

small whorled pogonia

Threatened

Scirpus ancistrochaetus Schuyler

northeastern bulrush

Endangered

History

(See Revision Note at chapter heading for Ncr 300) #12964 eff 1-1-20

N.H. Code Admin. R. Ann. Ncr 312.02 Endangered Plant Species {#sec-ncr-312.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 312.02}

The inventory in Table 312.2 below, listed by scientific name with authority, and common name, shall contain all endangered plant species meeting the criteria in Ncr 303.01:

Table 312.2 State Listed Endangered Plant Species

Scientific Name (with authority)

Common Name

Acalypha virginica L.

Virginia three-seeded-Mercury

Adlumia fungosa (Ait.) Greene ex B.S.P.

Allegheny-vine

Aletris farinosa L.

white colic-root

Allium canadense L. var. canadense

meadow garlic

Allium schoenoprasum L.

wild chives

Allium tricoccum Ait. var. burdickii Hanes

narrow-leaf wild leek

Amerorchis rotundifolia (Banks ex Pursh) Hultén

round-leaved orchid

Andersonglossum virginianum (L.) J.I. Cohen ssp. boreale (Fern.) A. Haines [ined.]

wild hound's-tongue

Anemone cylindrica Gray

long-headed windflower

Arabis pycnocarpa M. Hopkins var. pycnocarpa

hairy eared-rockcress

Arctous alpina (L.) Nied.

alpine bearberry

Arethusa bulbosa L.

dragon's-mouth

Argentina anserina (L.) Rydb.

common silverweed

Arisaema dracontium (L.) Schott

green-dragon

Aristida tuberculosa Nutt.

seaside threeawn

Arnica lanceolata Nutt. ssp. lanceolata

lance-leaved arnica

Artemisia campestris L. ssp. caudata (Michx.) Hall & Clements

field wormwood

Asclepias purpurascens L.

purple milkweed

Asclepias quadrifolia Jacq.

four-leaved milkweed

Asclepias tuberosa L. ssp. tuberosa

butterfly milkweed

Asplenium rhizophyllum L.

walking spleenwort

Astragalus alpinus L. var. brunetianus Fern.

alpine milk-vetch

Astragalus robbinsii (Oakes) Gray var. jesupii Egglest. & Sheldon

Jesup's milk-vetch

Atriplex subspicata (Nutt.) Rydb.

saline orache

Aureolaria virginica (L.) Pennell

downy false foxglove

Barbarea orthoceras Ledeb.

American yellow-rocket

Bartonia iodandra B.L. Robins.

purple screwstem

Bartonia paniculata (Michx.) Muhl.

twining screwstem

Betula pumila L.

bog birch

Bidens hyperborea Greene

northern beggar-ticks

Bidens laevis (L.) B.S.P .

smooth beggar-ticks

Bistorta vivipara (L.) Delarbre

alpine bistort

Boechera laevigata (Muhl. ex Willd.) Al-Shehbaz

smooth rockcress

Brachyelytrum erectum (Schreb.) Beauv.

southern short husk grass

Bromus kalmii Gray

Kalm's brome

Bromus pubescens Muhl. ex Willd.

hairy wood brome

Calamagrostis canadensis (Michx.) Beauv. var. langsdorfii (Link) Inman

harsh bluejoint

Calamagrostis canadensis (Michx.) Beauv. var. macouniana (Vasey) Stebbins

Macoun's bluejoint

Calamagrostis coarctata (Torr.) Torr. ex Eat.

Nuttall's reed grass

Calamagrostis stricta (Timm) Koel. ssp. stricta

neglected reed grass

Calypso bulbosa (L.) Oakes ssp. americana (R. Br. ex Ait. f.) A. Haines

fairy-slipper

Calystegia spithamaea (L.) Pursh ssp. spithamaea

upright false bindweed

Cardamine bellidifolia L. var. bellidifolia

alpine bitter-cress

Cardamine bulbosa (Schreb. ex Muhl.) B.S.P.

bulbous bitter-cress

Cardamine concatenata (Michx.) Sw.

cut-leaved toothwort

Cardamine longii Fern.

Long's bitter-cress

Carex adusta Boott

swarthy sedge

Carex aestivalis M.A. Curtis ex Gray

summer sedge

Carex alata Torr.

broad-winged sedge

Carex albursina Sheldon

white bear sedge

Carex arctogena H. Sm.

capitate sedge

Carex atratiformis Britt.

scabrous black sedge

Carex backii Boott

Back's sedge

Carex bicknellii Britt.

Bicknell’s sedge

Carex bullata Schkuhr ex Willd.

button sedge

Carex buxbaumii Wahlenb.

brown bog sedge

Carex capillaris L. ssp. fuscidula (V. Krecz. ex Egorova) A. & D. Löve

hair-like sedge

Carex castanea Wahlenb.

chestnut sedge

Carex chordorrhiza Ehrh. ex L. f.

rope-root sedge

Carex cristatella Britt.

crested sedge

Carex eburnea Boott

bristle-leaved sedge

Carex exilis Dewey

meager sedge

Carex festucacea Schkuhr ex Willd.

fescue sedge

Carex glaucodea Tuckerman ex Olney

blue sedge

Carex granularis Muhl. ex Willd.

limestone-meadow sedge

Carex hitchcockiana Dewey

Hitchcock's sedge

Carex livida (Wahlenb.) Willd.

livid sedge

Carex molesta Mackenzie ex Bright

troublesome sedge

Carex nigra (L.) Reichard

smooth black sedge

Carex polymorpha Muhl.

variable sedge

Carex retroflexa Muhl. ex Willd.

reflexed sedge

Carex rostrata Stokes

beaked sedge

Carex seorsa Howe

weak stellate sedge

Carex siccata Dewey

dry land sedge

Carex sparganioides Muhl. ex Willd.

bur-reed sedge

Carex striata Michx.

Walter's sedge

Carex tenuiflora Wahlenb.

sparse-flowered sedge

Carex trichocarpa Muhl. ex Willd.

hairy-fruited sedge

Carex umbellata Schkuhr ex Willd.

parasol sedge

Carex wiegandii Mackenzie

Wiegand's sedge

Castilleja septentrionalis Lindl.

northern painted-cup

Cenchrus longispinus (Hack.) Fern.

long-spined sandbur

Chamaecrista nictitans (L.) Moench ssp. nictitans var. nictitans

wild sensitive-pea

Chenopodium foggii H.A. Wahl

Fogg's goosefoot

Cirsium horridulum Michx. var. horridulum

yellow thistle

Clematis occidentalis (Hornem.) DC. ssp. occidentalis

purple virgin's bower

Coleataenia longifolia (Torr.) Soreng ssp. longifolia

long-leaved redtop-panicgrass

Collinsonia canadensis L.

northern horsebalm

Corallorhiza odontorhiza (Willd.) Poir. var. odontorhiza

fall coral-root

Corydalis aurea Willd.

golden corydalis

Crassula aquatica (L.) Schoenl.

pygmy-weed

Crataegus faxonii Sarg.

Faxon's hawthorn

Crataegus oakesiana Egglest.

Oakes' hawthorn

Crataegus populnea Ashe

poplar hawthorn

Crepidomanes intricatum (Farrar) Ebihara & Weakley

Appalachian bristle fern

Crotalaria sagittalis L.

arrow-head rattlebox

Cryptogramma stelleri (Gmel.) Prantl

slender rock-brake

Cuscuta cephalanthi Engelm.

buttonbush dodder

Cyperus erythrorhizos Muhl.

red-root umbrella sedge

Cyperus grayi Torr.

Gray's umbrella sedge

Cyperus houghtonii Torr.

Houghton's umbrella sedge

Cyperus odoratus L.

fragrant umbrella sedge

Cyperus subsquarrosus (Muhl.) Bauters

small-flowered dwarf-bulrush

Cypripedium arietinum Ait. f.

ram's-head lady's-slipper

Cypripedium parviflorum Salisb. var. makasin (Farw.) Sheviak

greater yellow lady's-slipper

Cypripedium reginae Walt .

showy lady's-slipper

Desmodium cuspidatum (Muhl. ex Willd.) DC. ex G. Don

large-bracted tick-trefoil

Desmodium marilandicum (L.) DC.

smooth small-leaved tick-trefoil

Desmodium obtusum (Muhl. ex Willd.) DC.

stiff tick-trefoil

Dichanthelium sphaerocarpon (Ell.) Gould

round-fruited rosette-panicgrass

Digitaria filiformis (L.) Koel. var. filiformis

slender crabgrass

Digitaria filiformis (L.) Koel. var. laeviglumis (Fern.) Wipff

smooth slender crabgrass

Diphasiastrum sitchense (Rupr.) Holub

Sitka ground-cedar

Diplachne maritima Bickn.

salt-meadow beetle grass

Draba cana Rydb.

canescent whitlow-mustard

Dryopteris filix-mas (L.) Schott ssp. brittonii Fras.-Jenk. & Widen

male wood fern

Echinochloa walteri (Pursh) Heller

coast barnyard grass

Elatine americana (Pursh) Arn.

American waterwort

Eleocharis diandra C. Wright

Wright's spikesedge

Eleocharis erythropoda Steud.

red-footed spikesedge

Eleocharis intermedia J.A. Schultes

mudflat spikesedge

Eleocharis nitida Fern.

quill spikesedge

Eleocharis obtusa (Willd.) J.A. Schultes var. peasei Svens.

Pease's blunt spikesedge

Eleocharis ovata (Roth) Roemer & J.A. Schultes

ovoid spikesedge

Eleocharis quinqueflora (F.X. Hartmann) Schwarz ssp. fernaldii (Svens.) Hultén

few-flowered spikesedge

Eleocharis tuberculosa (Michx.) Roemer & J.A. Schultes

long-tubercled spikesedge

Elymus macgregorii R. Brooks & J.J.N. Campb.

early wild-rye

Epilobium anagallidifolium Lam.

pimpernel willow-herb

Epilobium lactiflorum Hausskn.

white-flowered willow-herb

Equisetum palustre L.

marsh horsetail

Eragrostis frankii C.A. Mey. ex Steud.

sandbar lovegrass

Eragrostis hypnoides (Lam.) B.S.P.

teel lovegrass

Eriophorum angustifolium Honckeny ssp. angustifolium

tall cottonsedge

Erythranthe moschata (Douglas ex Lindl.) G.L. Nesom

musky monkey-flower

Eupatorium pubescens Muhl. ex Willd.

hairy thoroughwort

Eupatorium sessilifolium L.

upland thoroughwort

Euphorbia polygonifolia L.

seaside sandmat

Euphrasia oakesii Wettst.

Oakes' eyebright

Euphrasia williamsii B.L. Robins.

Williams' eyebright

Eutrochium fistulosum (Barratt) E.E. Lamont

hollow Joe-Pye weed

Festuca prolifera (Piper) Fern.

proliferous fescue

Galium brevipes Fern. & Wieg.

limestone swamp bedstraw

Galium obtusum Bigelow ssp. obtusum

blunt-leaved bedstraw

Galium pilosum Ait. var. pilosum

hairy bedstraw

Gentianella quinquefolia (L.) Small ssp. quinquefolia

stiff dwarf-gentian

Geocaulon lividum (Richards.) Fern.

false toadflax

Geranium carolinianum L.

Carolina crane's-bill

Glyceria acutiflora Torr.

sharp-flowered mannagrass

Glyceria septentrionalis A.S. Hitchc. var. septentrionalis

floating mannagrass

Graphephorum melicoides (Michx.) Desv.

graphephorum

Hackelia deflexa (Wahlenb.) Opiz ssp. americana (Gray) A. & D. Löve

nodding stickseed

Harrimanella hypnoides (L.) Coville

moss-plant

Hibiscus moscheutos L. ssp. moscheutos

swamp rose-mallow

Hieracium robinsonii (Zahn) Fern.

Robinson's hawkweed

Hieracium umbellatum L.

narrow-leaved hawkweed

Homalosorus pycnocarpos (Spreng.) Pichi Sermolli

narrow-leaved glade fern

Hottonia inflata Ell.

American featherfoil

Houstonia longifolia Gaertn.

long-leaved bluet

Hudsonia ericoides L.

golden heather

Huperzia selago (L.) Bernh. ex Schrank & Mart.

northern firmoss

Hypericum ascyron L. ssp. pyramidatum (Ait.) Robson

great St. John's-wort

Ilex glabra (L.) Gray

evergreen winterberry

Isoetes acadiensis Kott

Acadian quillwort

Isoetes engelmannii A. Braun

Engelmann's quillwort

Isoetes lacustris L.

lake quillwort

Isoetes septentrionalis D.F. Brunton

northern shore quillwort

Isotria verticillata (Muhl. ex Willd.) Raf.

large whorled pogonia

Juncus alpinoarticulatus Chaix ex Vill. ssp. americanus (Farw.) Hämet-Ahti

northern green rush

Juncus brachycephalus (Engelm.) Buch.

small-headed rush

Juncus dichotomus Ell.

forked rush

Juncus secundus Beauv. ex Poir.

lopsided rush

Juncus stygius L. ssp. americanus (Buch.) Hultén

moor rush

Juniperus horizontalis Moench

creeping juniper

Lechea tenuifolia Michx.

narrow-leaved pinweed

Lemna trisulca L.

ivy-leaved duckweed

Lemna valdiviana Phillipi

pale duckweed

Lespedeza procumbens Michx.

trailing bush-clover

Lespedeza virginica (L.) Britt.

slender bush-clover

Leymus mollis (Trin.) Hara ssp. mollis

American lyme grass

Liatris novae-angliae (Lunell) Shinners var. novae-angliae

northern blazing star

Lilaeopsis chinensis (L.) Kuntze

eastern grasswort

Lilium superbum L.

Turk's-cap lily

Limniris prismatica (Pursh) Rodion.

slender blue iris

Limosella australis R. Br.

Atlantic mudwort

Lindernia dubia (L.) Pennell var. anagallidea (Michx.) Cooperrider

unpretentious yellow-seeded false pimpernel

Linum sulcatum Riddell var. sulcatum

grooved yellow flax

Lonicera oblongifolia (Goldie) Hook.

swamp honeysuckle

Luzula confusa Lindeberg

northern wood rush

Luzula spicata (L.) DC.

spiked wood rush

Lycopodiella alopecuroides (L.) Cranfill

foxtail bog-clubmoss

Lycopodiella appressa (Chapman) Cranfill

appressed bog-clubmoss

Lygodium palmatum (Bernh.) Sw.

American climbing fern

Malaxis monophyllos (L.) Sw. ssp. brachypoda (Gray) A. & D. Löve

white adder's-mouth

Menispermum canadense L.

Canada moonseed

Mikania scandens (L.) Willd.

climbing hempvine

Mononeuria glabra (Michx.) Dillenb. & Kadereit

Appalachian sandplant

Muhlenbergia sobolifera (Muhl. ex Willd.) Trin.

rock muhly

Muhlenbergia tenuiflora (Willd.) B.S.P.

slender muhly

Nabalus boottii DC.

Boott's rattlesnake-root

Nabalus serpentarius (Pursh) Hook.

lion's-foot rattlesnake-root

Neottia auriculata (Wieg.) Szlach.

auricled twayblade

Nuphar microphylla (Pers.) Fern.

small-leaved pond-lily

Oligoneuron album (Nutt.) Nesom

white flat-topped-goldenrod

Omalotheca supina (L.) DC.

alpine arctic-cudweed

Ophioglossum pusillum Raf.

northern adder's-tongue fern

Osmorhiza berteroi DC.

mountain sweet-cicely

Oxybasis rubra (L.) S. Fuentes, Uotila & Borsch var. rubra

red goosefoot

Oxyria digyna (L.) Hill

mountain-sorrel

Packera obovata (Muhl. ex Willd.) W.A. Weber & A. Löve

running groundsel

Panicum philadelphicum Bernh. ex Trin. ssp. philadelphicum

Philadelphia panicgrass

Paronychia canadensis (L.) Wood

smooth forked whitlow-wort

Pellaea atropurpurea (L.) Link

purple cliff-brake

Persicaria robustior (Small) Bickn.

stout dotted smartweed

Petasites frigidus (L.) Fries var. palmatus (Ait.) Cronq.

northern sweet-coltsfoot

Phleum alpinum L. ssp. alpinum

mountain Timothy

Phragmites americanus (Saltonstall, P.M. Peterson & Soreng) A. Haines

American reed

Pilea fontana (Lunell) Rydb.

lesser clearweed

Pinguicula vulgaris L. ssp. vulgaris

violet butterwort

Piptatheropsis canadensis (Poir.) Romasch., P.M. Peterson & Soreng

Canada mountain-rice grass

Piptochaetium avenaceum (L.) Parodi

black-seeded spear grass

Pluchea odorata (L.) Cass. var. succulenta (Fern.) Cronq.

sweet-scented camphorweed

Poa glauca Vahl ssp. glauca

glaucous blue grass

Poa laxa Haenke ssp. fernaldiana (Nannf.) N. Hylander

wavy blue grass

Poa pratensis L. ssp. alpigena (Fries ex Blytt) Hiitonen

alpine Kentucky blue grass

Polygala cruciata L. ssp. aquilonia (Fern. & Schub.) A. Haines

drum-heads milkwort

Polygonum erectum L.

upright knotweed

Polygonum ramosissimum Michx. ssp. prolificum (Small) Costea & Tardif

prolific yellow-flowered knotweed

Polygonum tenue Michx.

slender knotweed

Potamogeton alpinus Balbis

reddish pondweed

Potamogeton foliosus Raf. ssp. foliosus

leafy pondweed

Potamogeton gemmiparus (J.W. Robbins) J.W. Robbins ex Morong

budding pondweed

Potamogeton obtusifolius Mert. & Koch

blunt-leaved pondweed

Potamogeton praelongus Wulfen

white-stemmed pondweed

Potamogeton richardsonii (Benn.) Rydb.

Richardson's pondweed

Potamogeton vaseyi J.W. Robbins

Vasey's pondweed

Potamogeton zosteriformis Fern.

flat-stem pondweed

Potentilla litoralis Rydb.

coast cinquefoil

Potentilla robbinsiana Oakes ex Rydb.

Robbins' cinquefoil

Proserpinaca pectinata Lam.

comb-leaved mermaid-weed

Pseudognaphalium micradenium (Weatherby) Nesom

Weatherby's rabbit-tobacco

Pterospora andromedea Nutt.

pine-drops

Puccinellia pumila (Vasey) A.S. Hitchc.

tundra alkali grass

Pycnanthemum incanum (L.) Michx. var. incanum

hoary mountain-mint

Pycnanthemum torrei Benth.

Torrey's mountain-mint

Pycnanthemum virginianum (L.) T. Dur. & B.D. Jackson ex B.L. Robins. & Fern.

Virginia mountain-mint

Pyrola asarifolia Michx. ssp. asarifolia

pink shinleaf

Quercus macrocarpa Michx.

mossy-cup oak

Ranunculus ambigens S. Wats.

water-plantain crowfoot

Ranunculus fascicularis Muhl. ex Bigelow

early crowfoot

Rhinanthus minor L. ssp. groenlandicus (Ostenf.) L. Neum.

Greenland little yellow-rattle

Rhododendron periclymenoides (Michx.) Shinners

pink azalea

Rhynchospora capillacea Torr.

needle beaksedge

Rosa acicularis Lindl. ssp. sayi (Schwein.) W.H. Lewis

bristly rose

Rotala ramosior (L.) Koehne

toothcup

Rubus cuneifolius Pursh

sand blackberry

Rumex pallidus Bigelow

seabeach dock

Sabulina michauxii (Fenzl) Dillenb. & Kadereit

Michaux's sandplant

Sagina nodosa (L.) Fenzl ssp. borealis Crow

boreal knotted pearlwort

Sagittaria cuneata Sheldon

northern arrowhead

Sagittaria filiformis J.G. Sm.

narrow-leaved arrowhead

Sagittaria rigida Pursh

sessile-fruited arrowhead

Sagittaria spatulata (J.G. Sm.) Buch.

spongy-leaved arrowhead

Sagittaria teres S. Wats.

quill-leaved arrowhead

Salicornia ambigua Michx.

perennial glasswort

Salicornia bigelovii Torr.

dwarf glasswort

Salix argyrocarpa Anderss.

Labrador willow

Salix exigua Nutt. ssp. interior (Rowlee) Cronq.

sandbar willow

Salix herbacea L.

snow-bed willow

Salix pellita (Anderss.) Anderss. ex Schneid.

satiny willow

Samolus parviflorus Raf.

seaside brookweed

Sanicula canadensis L. var. canadensis

Canada sanicle

Sanicula odorata (Raf.) K.M. Pryer & L.R. Phillippe

clustered sanicle

Saxifraga cernua L.

nodding saxifrage

Saxifraga paniculata P. Mill. ssp. paniculata

White Mountain saxifrage

Saxifraga rivularis L. ssp. rivularis

alpine-brook saxifrage

Schistostega pennata (Hedwig) F. Weber & D. Mohr

goblin's gold

Scirpus ancistrochaetus Schuyler

northeastern bulrush

Scirpus georgianus Harper

Georgia bulrush

Scirpus longii Fern.

Long's bulrush

Scirpus pendulus Muhl.

rufous bulrush

Scirpus polyphyllus Vahl

leafy bulrush

Scleria pauciflora Muhl. ex Willd. var. pauciflora

few-flowered nutsedge

Scleria reticularis Michx.

netted nutsedge

Sclerolepis uniflora (Walt.) B.S.P.

sclerolepis

Senna hebecarpa (Fern.) Irwin & Barneby

northern wild senna

Sericocarpus linifolius (L.) B.S.P.

narrow-leaved white-topped-aster

Sibbaldia procumbens L.

sibbaldia

Silene acaulis (L.) Jacq.

moss campion

Silene caroliniana Walt. ssp. pensylvanica (Michx.) Clausen

wild campion

Sisyrinchium mucronatum Michx.

needle-tipped blue-eyed-grass

Solidago patula Muhl. ex Willd. var. patula

rough-leaved goldenrod

Solidago speciosa Nutt. var. speciosa

showy goldenrod

Sparganium androcladum (Engelm.) Morong

branched bur-reed

Sphagnum andersonianum R.E. Andrus

peat moss

Sphagnum angermanicum Melin

peat moss

Sphagnum brevifolium (Lindberg) J. Röll

peat moss

Sphagnum contortum Schultz

peat moss

Sphagnum flavicomans (Cardot) Warnstorf in H. G. A. Engler

peat moss

Sphenopholis obtusata (Michx.) Scribn.

prairie wedgescale

Spiranthes casei Catling & Cruise var. casei

Case's ladies'-tresses

Spiranthes lucida (H.H. Eat.) Ames

shining ladies'-tresses

Sporobolus cryptandrus (Torr.) Gray

sand dropseed

Sporobolus neglectus Nash

small dropseed

Staphylea trifolia L.

American bladdernut

Stuckenia filiformis (Pers.) Boerner

thread-leaved false pondweed

Stuckenia pectinata (L.) Boerner

Sago false pondweed

Suaeda maritima (L.) Dumort. ssp. richii (Fern.) Bassett & C.W. Crompton

Rich's herbaceous sea-blite

Subularia aquatica L. ssp. americana Mulligan & Calder

American water-awlwort

Symphyotrichum tenuifolium (L.) Nesom var. tenuifolium

perennial saltmarsh American-aster

Tephrosia virginiana (L.) Pers.

wild goat's-rue

Thalictrum revolutum DC.

waxy-leaved meadow-rue

Thalictrum thalictroides (L.) Eames & Boivin

anemone meadow-rue

Triantha glutinosa (Michx.) Baker

sticky false asphodel

Trichophorum planifolium (Spreng.) Palla

bashful clubsedge

Triosteum aurantiacum Bickn. var. aurantiacum

orange-fruited horse-gentian

Triplasis purpurea (Walt.) Chapman var. purpurea

purple sandgrass

Utricularia resupinata B.D. Greene ex Bigelow

resupinate bladderwort

Uvularia grandiflora J.E. Sm.

large-flowered bellwort

Uvularia perfoliata L.

perfoliate bellwort

Vahlodea atropurpurea (Wahlenb.) Fries ex Hartman

arctic hair grass

Valeriana uliginosa (Torr. & Gray) Rydb.

marsh valerian

Veronica wormskjoldii Roemer & J.A. Schultes var. wormskjoldii

American alpine speedwell

Viburnum rafinesquianum J.A. Schultes var. rafinesquianum

downy arrowwood

Viola nephrophylla Greene

northern bog violet

Viola palmata L. var. palmata

palmate violet

Vulpia octoflora (Walt.) Rydb. var. tenella (Willd.) Fern.

eight-flowered six-weeks grass

Woodsia glabella R. Br. ex Richards.

smooth cliff fern

Woodsia obtusa (Spreng.) Torr. ssp. obtusa

blunt-lobed cliff fern

Woodwardia areolata (L.) T. Moore

netted chain fern

Zannichellia palustris L.

horned-pondweed

Zanthoxylum americanum P. Mill.

common prickly-ash

History

(See Revision Note at chapter heading for Ncr 300) #12964 eff 1-1-20
(See Revision Note at chapter heading for Ncr 300) #12964 eff 1-1-20

N.H. Code Admin. R. Ann. Ncr 312.03 Threatened Plant Species {#sec-ncr-312.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 312.03}

The inventory in Table 312.3 below, listed by scientific name with authority, and common name, shall contain all threatened plant species meeting the criteria in Ncr 303.02:

Table 312.3 State Listed Threatened Plant Species

Scientific Name (with authority)

Common Name

Acer nigrum Michx. f.

black maple

Agalinis maritima (Raf.) Raf. ssp. maritima

saltmarsh agalinis

Anthoxanthum monticola (Bigelow) Y. Schouten & Veldkamp ssp. monticola

alpine sweet grass

Aristida longespica Poir. var. geniculata (Raf.) Fern.

red threeawn

Asclepias amplexicaulis J.E. Smith

clasping milkweed

Betula glandulosa Michx.

glandular birch

Betula minor (Tuckerman) Fern.

dwarf birch

Betula nigra L.

river birch

Bidens beckii Torr. ex Spreng.

Beck's water-marigold

Boechera canadensis (L.) Al-Shehbaz

sicklepod rockcress

Boechera missouriensis (Greene) Al-Shehbaz

green rockcress

Calamagrostis stricta (Timm) Koel. ssp. inexpansa (Gray) C.W. Greene

northern neglected reed grass

Cardamine maxima (Nutt.) Wood

large toothwort

Carex aurea Nutt.

golden-fruited sedge

Carex baileyi Britt.

Bailey's sedge

Carex bigelowii Torr. ex Schwein. ssp. bigelowii

Bigelow's sedge

Carex cephaloidea (Dewey) Dewey

thin-leaved sedge

Carex cumulata (Bailey) Mackenzie

clustered sedge

Carex diandra Schrank

lesser tussock sedge

Carex garberi Fern.

elk sedge

Carex scirpoidea Michx. ssp. scirpoidea

scirpus-like sedge

Caulophyllum giganteum (Farw.) Loconte & Blackwell

early blue cohosh

Cyperus squarrosus L.

incurved umbrella sedge

Cypripedium parviflorum Salisb. var. pubescens (Willd.) Knight

large yellow lady's-slipper

Desmodium rotundifolium DC.

round-leaved trailing tick-trefoil

Diapensia lapponica L. ssp. lapponica

diapensia

Dryopteris fragrans (L.) Schott

fragrant wood fern

Epilobium hornemannii Reichenb. ssp. hornemannii

Hornemann's willow-herb

Euthamia caroliniana (L.) Greene ex Porter & Britt.

coastal plain grass-leaved-goldenrod

Galearis spectabilis (L.) Raf.

showy orchid

Gaylussacia bigeloviana (Fern.) Sorrie & Weakley

dwarf huckleberry

Gentianopsis crinita (Froel.) Ma

greater fringed-gentian

Geum fragarioides (Michx.) Smedmark

Appalachian barren-strawberry

Geum peckii Pursh

White Mountain avens

Hackelia virginiana (L.) I.M. Johnston

Virginia stickseed

Halenia deflexa (Sm.) Griseb. ssp. deflexa

American spurred-gentian

Heteranthera dubia (Jacq.) MacM.

grass-leaved mud-plantain

Hippuris vulgaris L.

common mare's-tail

Hudsonia tomentosa Nutt.

hairy hudsonia

Huperzia appressa (Desv.) A. & D. Löve

mountain firmoss

Hydrophyllum virginianum L.

eastern waterleaf

Hypoxis hirsuta (L.) Coville

common star-grass

Isotria medeoloides (Pursh) Raf.

small whorled pogonia

Iva frutescens L.

marsh elder

Kalmia procumbens (L.) Gift, Kron & P.F. Stevens ex Galasso, Banfi & F. Conti

alpine-azalea

Liparis loeselii (L.) L.C. Rich.

Loesel's wide-lipped orchid

Lobelia kalmii L.

brook lobelia

Lupinus perennis L. ssp. perennis

wild lupine

Lysimachia thyrsiflora L.

tufted yellow-loosestrife

Neottia convallarioides (Sw.) Rich.

broad-leaved twayblade

Neottia cordata (L.) Rich.

heart-leaved twayblade

Packera paupercula (Michx.) W.A. Weber & A. Löve

balsam groundsel

Panax quinquefolius L.

American ginseng

Parnassia glauca Raf.

fen grass-of-Parnassus

Paronychia argyrocoma (Michx.) Nutt.

silverling

Phyllodoce caerulea (L.) Bab.

purple mountain-heath

Pinus banksiana Lamb.

Jack pine

Platanthera flava (L.) Lindl. var. herbiola (R. Br. in Ait.) Luer

northern tubercled bog-orchid

Polygonum douglasii Greene

Douglas' knotweed

Potamogeton nodosus Poir.

long-leaved pondweed

Rhododendron lapponicum (L.) Wahlenb.

Lapland rosebay

Rhododendron maximum L.

giant rhododendron

Rubus chamaemorus L.

baked apple berry

Salix pedicellaris Pursh

bog willow

Salix planifolia Pursh ssp. planifolia

tea-leaved willow

Salix uva-ursi Pursh

bearberry willow

Sanicula trifoliata Bickn.

large-fruited sanicle

Solidago odora Ait. ssp. odora

licorice goldenrod

Sparganium eurycarpum Engelm. ex Gray

great bur-reed

Sparganium natans L.

arctic bur-reed

Sphagnum lindbergii Schimper

peat moss

Sphagnum majus ssp. norvegicum K. I. Flatberg

peat moss

Sphagnum pylaesii Bridel

peat moss

Sphagnum riparium Ångström

peat moss

Sphagnum subfulvum Sjörs

peat moss

Sphagnum wulfianum Girgensohn

peat moss

Symphyotrichum ciliolatum (Lindl.) A. & D. Löve

Lindley's American-aster

Symphyotrichum patens (Ait.) Nesom var. patens

late purple American-aster

Triphora trianthophoros (Sw.) Rydb. ssp. trianthophoros

three-birds orchid

Vaccinium boreale Hall & Aalders

northern blueberry

Vaccinium cespitosum Michx.

dwarf blueberry

Viburnum edule (Michx.) Raf.

squashberry

Viola palustris L. var. palustris

northern marsh violet

Viola pedata L. var. pedata

bird-foot violet

Viola rostrata Pursh

long-spurred violet

History

(See Revision Note at chapter heading for Ncr 300) #12964 eff 1-1-20

N.H. Code Admin. R. Ann. Ncr 312.04 Extirpated Plant Species {#sec-ncr-312.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 312.04}

(a) For the purposes of Table 312.4, “extirpated species” means a native plant taxon presumed to be extirpated from the state because the taxon has not been located despite intensive searches of historical sites and other appropriate habitat, and has virtually no likelihood it will be rediscovered.

(b) The inventory in Table 312.4 below, listed by scientific name with authority, and common name, shall contain all extirpated plant species:

Table 312.4 State Listed Extirpated Plant Species

Scientific Name (with authority)

Common Name

Carex tetanica Schkuhr

rigid sedge

Castilleja coccinea (L.) Spreng.

scarlet painted-cup

Honckenya peploides (L.) Ehrh. ssp. robusta (Fern.) Hulten

seaside-sandwort

Mertensia maritima (L.) S.F. Gray var. maritima

seaside bluebells

APPENDIX I

Rule

Specific State or Federal Statutes or Regulations the Rule Implements

Ncr 301

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

Ncr 302

RSA 217-A:3; RSA 541-A:7

Ncr 303

RSA 217-A:2, II and III; RSA 217-A:5, II and IV

Ncr 304

RSA 217-A:5, IV

Ncr 305 and Ncr 306

RSA 217-A:2, I

Ncr 307

RSA 217-A:4

Ncr 308

RSA 217-A:2, III; RSA 217-A:5, II; RSA 217-A:6; RSA 217-A:7

Ncr 309

RSA 217-A:6, I, II, and IV

Ncr 310

RSA 217-A:7-a

Ncr 311

RSA 217-A:10, III

Ncr 312

RSA 217-A:5, III and IV

APPENDIX II

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, eds. 1993+. Flora of North America North of Mexico. 20+ vols. New York and Oxford.

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.

Haines, A. 2019. Tracheophyte Checklist of New England (4 February 2019). Website (http://www.arthurhaines.com/tracheophyte-checklist/).

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.

History

(See Revision Note at chapter heading for Ncr 300) #12964 eff 1-1-20

Chapter Ncr 520 Rules for the Operation of Wood Processing Mills and Wood Concentration Yards

Part Ncr 521 Definitions for Wood Processing Mills and Wood Concentration Yards

N.H. Code Admin. R. Ann. Ncr 521.01 Definitions {#sec-ncr-521.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 521.01}

(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 natural and cultural resources, also known as the state forester.”

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

(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 processing mill” 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. This term includes, but is not limited to cutting, skidding, processing and transporting the primary forest product.

(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.”

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5201.01), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 522 Inspection of Primary Wood Processing Mills and Wood Concentration Yards

N.H. Code Admin. R. Ann. Ncr 522.01 Inspection {#sec-ncr-522.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 522.01}

(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 or 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 Ncr 200.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5202.01), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 523 Registration of Primary Wood Processing Mills or Wood Concentration Yards

N.H. Code Admin. R. Ann. Ncr 523.01 Registration Required {#sec-ncr-523.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 523.01}

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 520, as described in Ncr 523.02.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5203.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 523.02 Form 520, Application for Registration of Primary Wood Processing Mill or Wood Concentration Yard {#sec-ncr-523.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 523.02}

(a) An applicant for registration of a primary wood processing mill or concentration yard shall supply on Form 520 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 on the form 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 Natural and Cultural Resources

Division of Forests and Lands

172 Pembroke Road

Concord, NH 03301

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5203.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 523.03 Notification of Registration of Primary Wood Processing Mill or Wood Concentration Yard {#sec-ncr-523.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 523.03}

(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5203.03), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 524 Report of Primary Wood Products Processed

N.H. Code Admin. R. Ann. Ncr 524.01 Report Required {#sec-ncr-524.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 524.01}

(a) On or before January 31 of the current calendar 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5204.01), eff 12-6-25, EXPIRES 12-6-35

Chapter Ncr 530 Rules for the Harvesting of Timber

Part Ncr 531 Definitions for Timber Harvesting

N.H. Code Admin. R. Ann. Ncr 531.01 Definitions. {#sec-ncr-531.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 531.01}

(a) “Any stream, river, or brook which normally flows throughout the year” means a watercourse that is in the groundwater table for most of the year and so has groundwater as its primary source of water for stream flow, with runoff from rainfall and snowmelt as supplemental source of water, so that it contains flowing water year round during a typical year, and which is not intermittent.

(b) “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.”

(c) “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.

(d) “Director” means “director” as defined in RSA 227-G:2, IV, namely “the director of the division of forests and lands, department of natural and cultural resources, also known as the state forester.”

(e) “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 and development, 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.”

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

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

(h) “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.

(i) “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 their 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.”

(j) “Market value” means “market value” as defined in RSA 227-G:2, XII-a, namely “stumpage value as determined in the same manner as other property values for the purposes of taxation at the time the timber is cut.”

(k) “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.

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

(m) “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.

(n) “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.

(o) “Timber harvesting operation” means the removal of primary forest products from the stump 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 to cut requirements of RSA 79:10. The term includes, but is not limited to cutting, skidding, processing, and transporting the primary forest product.

(p) “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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5301.01), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 532 Requirements for Harvesting of Timber

N.H. Code Admin. R. Ann. Ncr 532.01 Conditions Required to Exceed 50 Percent Basal Area {#sec-ncr-532.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.01}

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 feet 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 upon evaluation of the applicant’s explanation on form 532a which demonstrates how the proposed cutting operation is consistent with the purpose of the statute, including an onsite inspection.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.02 Permission Required to Exceed 50 Percent Basal Area {#sec-ncr-532.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.02}

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 532a, as described in Ncr 532.03.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.03 Form 532a, Application to Exceed 50 Percent Basal Area {#sec-ncr-532.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.03}

(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 associated with an existing structure or new development in the Shoreland Protection Zone as defined by RSA 483-B:4, XV.

(9) An indication as to whether the proposed cutting area is near or adjacent to a great pond, or standing body of water 10 acres or more in area;

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

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

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

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

(14) An indication as to whether the proposed cutting area is covered under a forest stewardship plan as defined in the NH Current Use Criteria Booklet Cub 304.05(b) FOREST LAND;

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

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

(17) 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 on the form 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 Natural and Cultural Resources

Division of Forests and Lands

172 Pembroke Road

Concord, NH 03301

Department of Natural and Cultural Resources

Division of Forests and Lands

North Regional Office

629B Main Street

Lancaster, NH 03584

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.04 Notification to Exceed 50 Percent Basal Area {#sec-ncr-532.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.04}

(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 Ncr 532.01.

(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. Restriction criteria 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.04), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.05 Permission Required to Extend the 180 Day Period for Land Conversions {#sec-ncr-532.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.05}

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 532b, as described in Ncr 532.06.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.05), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.06 Form 532b, Application to Extend the 180 Day Period for Land Conversions {#sec-ncr-532.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.06}

(a) An applicant for permission to extend operations beyond the 180-day period shall supply on Form 532b with 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 on the form 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 Natural and Cultural Resources

Division of Forests and Lands

172 Pembroke Road

Concord, NH 03301

Department of Natural and Cultural Resources

Division of Forests and Lands - North Regional Office

629B Main Street

Lancaster, NH 03584

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.06), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.07 Notification to Extend 180 Day Period for Land Conversions {#sec-ncr-532.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.07}

(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 Ncr 532.06(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.07), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.08 Time Period for Extension of the 180 Day Period for Land Conversions {#sec-ncr-532.08 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.08}

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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.08), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.09 Waiting Period {#sec-ncr-532.09 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.09}

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 the harvest operation.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.09), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.10 Proof of Land Conversion {#sec-ncr-532.10 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.10}

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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.10), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 532.11 Determination of Market Value {#sec-ncr-532.11 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 532.11}

Market value shall be determined by one of the following:

(a) An assessing official;

(b) A licensed professional forester; or

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5302.11), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 533 Deceptive Forestry Business Practices

N.H. Code Admin. R. Ann. Ncr 533.01 Definitions {#sec-ncr-533.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 533.01}

(a) “Adulterated” means “adulterated” as defined in RSA 227-J:15, II namely “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) “Bartering” means to exchange goods described in the contract which are being deducted from payment for timber being harvested and given a dollar value, or when being provided as a 1:1 exchange for the timber being harvested, is specified in the contract, and clearly describes the timber being harvested in exchange for the goods, such as by species, diameter limit, location, or lump sum.

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

(d) “Buyer of standing timber” means the person as indicated on the Intent to Cut form PA-7 as the logger/ or forester or person responsible for the harvest, unless a written contract exists which identifies the buyer as the logger, contractor, operator, or other person responsible for remuneration to the landowner.

(e) “Exchanging money” means making monetary payment for forest products expressed as a dollar amount or percent of delivered mill price, for each specific forest product per a common timber harvesting unit of measurement such as per thousand board feet, per ton, per cord, or lump sum.

(f) “Exchanging service” means work described in the contract which is being deducted from payment for timber being harvested and given a dollar value, or when being provided as a 1:1 exchange for the timber being harvested, is specified in the contract, and clearly describes the timber being harvested in exchange for the work, such as by species, diameter limit, location, or lump sum.

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

(h) “Mislabeled” means “mislabeled” as defined in RSA 227-J:15, II, namely “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.”

(i) “Price deduction” means a dollar amount or estimate of costs for services or construction material used to complete the timber harvest and is defined in the contract as a deduction to the price to be paid.

(j) “Scale slip” means “scale slip” as defined in RSA 227-J:15, II namely “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.”

(k) “Time” means the timeframe in which remuneration shall be made, expressed in a specific calendar date or specific timeframe linked to the harvest such as number of weeks after delivery to the mill or yard or a specified number of weeks starting from the date of the first load is delivered to the mill or yard.

(l) “Written contract” means a written contract between the landowner or person owning the timber rights, as indicated on the Intent to Cut Wood or Timber form PA-7 as the owner, and the buyer of the standing timber that defines the terms of the contract as follows;

(1) The remuneration for the forest products to be cut,

(2) The time period in which remuneration is to be made; and

(3) The use of the same units of measurement as the scale slip.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5303.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 533.02 Scale Slip {#sec-ncr-533.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 533.02}

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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5303.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 533.03 Written Contract {#sec-ncr-533.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 533.03}

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

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5303.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 533.04 Violation {#sec-ncr-533.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 533.04}

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

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5303.04), eff 12-6-25, EXPIRES 12-6-35

Chapter Ncr 540 Floating Timber Rules

Part Ncr 541 Regulation and Permitting of Floating Timber

N.H. Code Admin. R. Ann. Ncr 541.01 Permit Required to Float Timber on Surface Waters {#sec-ncr-541.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 541.01}

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 540, as described in Ncr 541.02.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5401.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 541.02 Form 540, Application for Permit to Float Timber on Surface Waters {#sec-ncr-541.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 541.02}

(a) An applicant for a permit to float timber on surface waters of the state shall supply on Form 540 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 on the form shall be legible.

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

(1) The applicant’s signature shall certify that the information provided in or attached to the application is:

a. Complete;

b. Accurate;

c. Up to date as of the date of the certification;

d. The signor has the legal right to make the application;

e. There are no willful misrepresentations to the statements and answers provided on the form; and

f. There have been no omissions of material fact with respect to any answers provided to the questions presented.

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

Department of Natural and Cultural Resources

Division of Forests and Lands

172 Pembroke Road

Concord, New Hampshire 03301

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5401.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 541.03 Notification of Permit to Float Timber on Surface Waters {#sec-ncr-541.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 541.03}

(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 Ncr 541.02(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 and as defined by RSA 482-A:11,I – Env-Wt 103.42 – “Minimal impact project”.

(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5401.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 541.04 Permit Suspension {#sec-ncr-541.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 541.04}

(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 Ncr 200.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5401.04), eff 12-6-25, EXPIRES 12-6-35

Chapter Ncr 550 Forest Health

Part Ncr 551 Definitions for Forest Health

N.H. Code Admin. R. Ann. Ncr 551.01 Definitions {#sec-ncr-551.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 551.01}

(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 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 numerous 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 Plant Protection and Quarantine (PPQ).

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5501.01), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 552 Designation of Control Areas

N.H. Code Admin. R. Ann. Ncr 552.01 Control Areas {#sec-ncr-552.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 552.01}

(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 Ncr 552.02.

(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5502.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 552.02 Notification {#sec-ncr-552.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 552.02}

The director shall notify all landowners in writing of a designated control area identified pursuant to Ncr 552.01(a).

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5502.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 552.03 Appeals {#sec-ncr-552.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 552.03}

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 Ncr 200.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5502.03), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 553 Designation of Quarantines

N.H. Code Admin. R. Ann. Ncr 553.01 Quarantines {#sec-ncr-553.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 553.01}

(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 Ncr 553.03.

(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 the identified geographic area;

(5) The penalties for failure to comply; and

(6) The effective date.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5503.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 553.02 Notification {#sec-ncr-553.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 553.02}

The director shall notify the public by public announcements and media postings of a proposed designation of quarantine identified pursuant to Ncr 553.01(a).

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5503.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 553.03 Public Hearing {#sec-ncr-553.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 553.03}

The department shall hold a hearing not later than 10 days from the date of quarantine.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5503.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 553.04 Failure to Comply {#sec-ncr-553.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 553.04}

Violations of a designated quarantine shall be penalized pursuant to RSA 227-K:2, IV and RSA 227-K:17.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5503.04), eff 12-6-25, EXPIRES 12-6-35

Chapter Ncr 560 Forest Fire Service Rules

Part Ncr 561 Fire Permits

N.H. Code Admin. R. Ann. Ncr 561.01 Definitions {#sec-ncr-561.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.01}

(a) “Ambient air” means “ambient air” as defined in RSA 125-I:2, III.

(b) “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.

(c) “Category I fire” means a small, controlled fire, such as a camp or cooking fire, contained within a ring of fire resistive material or in a portable fireplace no greater than 32 inches in diameter, 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, contained within a ring of fire resistive material or in a portable fireplace no greater than 48 inches in diameter, 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 natural and cultural resources also known as the state forester.”

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

(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 form 561A issued for a category I, II, or III fire or a form 561B issued for a category IV fire, and when authorized by the director, 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) “Kindle” means from the point of ignition to the time of complete extinguishment.

(n) “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.

(o) “Permissible material” means clean, untreated wood, leaves, or brush no greater than 5 inches in diameter, and meets applicable air resources regulations.

(p) “Permittee” means a landowner or a person having written permission from the landowner.

(q) “Portable fireplaces” means devices such as chimeneas, steel fire pits, and any other device designed to burn permissible combustibles other than gas or charcoal.

(r) “Raining” means sustained precipitation that is actively occurring of sufficient intensity and duration so as to prevent fire from spreading in woodland fuels.

(s) “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.

(t) “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.

(u) “Structure” means a building enclosed by walls and a roof that is used as a place for people to live, work, house animals, or store things, including any attached combustible piece of work artificially built up or composed of parts joined together in some definite manner.

(v) “Untreated wood” means any timber, board, or sawn dimensional lumber that has not been treated, coated, or preserved. The term does not include any manufactured building material, such as plywood, oriented strand board (OSB), or waferboard.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.02 Fire Permit Required {#sec-ncr-561.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.02}

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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.03 Fire Permit Issuing {#sec-ncr-561.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.03}

(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.04 Category I, II, and III Fire Permit {#sec-ncr-561.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.04}

(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) The permittee meets the criteria for specified distances from structures as follows;

a. Except for public and private camp or picnic sites, a category I fire is 25 feet from structures; or

b. A category II or III fire is 50 feet from structures;

(4) Weather conditions are favorable as to prevent the spread or escape of the fire;

(5) The permittee has adequate suppression equipment to control the fire;

(6) 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

(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.

(b) A category I, II, or III fire permit shall include the following information:

(1) The name of permittee;

(2) Date of birth of permittee:

(3) The landowner’s name and address, if different than permittee;

(4) The location where fire is to be kindled;

(5) The date(s) the fire is authorized to occur and the specific time;

(6) The category of fire the permit is for;

(7) The name of the forest fire warden or authorized issuing agent;

(8) The town the forest fire warden or authorized issuing agent is from; and

(9) The date the fire permit was issued to the permittee.

(c) Prior to being issued a fire permit, the permittee shall be required to provide their name, date of birth, 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.04), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.05 Category IV Fire Permit {#sec-ncr-561.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.05}

(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) Weather conditions are favorable as to prevent the spread or escape of the fire;

(5) The permittee has adequate suppression equipment to control the fire;

(6) 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

(7) 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, universe transvers mercator, 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 firefighting 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.05), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.06 Outdoor Grills and Stoves {#sec-ncr-561.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.06}

Charcoal fires in a container off the ground, gas or wood pellet devices such as grills and smokers, and all controlled camp stoves shall not require a fire permit.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.06), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.07 Age Limit {#sec-ncr-561.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.07}

No permit shall be issued to any person under 18 years of age.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.07), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.08 Permit Restrictions {#sec-ncr-561.08 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.08}

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 Ncr 561.04(b) for a category I, II, or III fire or Ncr 561.05(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 is not permissible material or 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.08), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 561.09 Permit Issuance Suspension {#sec-ncr-561.09 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 561.09}

The director shall, when the director 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 or when the daily fire danger as determined by the division reaches a class 4, very high or 5 extreme.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5601.09), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 562 Public and Private Camp or Picnic Grounds

N.H. Code Admin. R. Ann. Ncr 562.01 Authorization for Use of Category I Seasonal Permit {#sec-ncr-562.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 562.01}

(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 Ncr 561.03, 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5602.01), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 563 Disposal Sites

N.H. Code Admin. R. Ann. Ncr 563.01 Authorization for Burning {#sec-ncr-563.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 563.01}

(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5603.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 563.02 Fire Line Definition {#sec-ncr-563.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 563.02}

(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 ledges.

(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 maintained so as to prevent the build-up of vegetation or flammable material which might communicate fire. Other areas, as stated in paragraph (b) of this section, above where fire line construction is unfeasible, shall also be maintained over 100 foot radius from the edge of the burn area to prevent the buildup of vegetation and other flammable material capable of communicating fire.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5603.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 563.03 Precautions {#sec-ncr-563.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 563.03}

(a) On all brush burning disposal areas, an attendant shall be on duty at all times until the fire is completely extinguished.

(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5603.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 563.04 Rule Violation {#sec-ncr-563.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 563.04}

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 affected.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5603.04), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 564 Emergency Rules During High Forest Fire Danger Periods

N.H. Code Admin. R. Ann. Ncr 564.01 Wood Closure Proclamations {#sec-ncr-564.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 564.01}

When the governor and council have, upon the recommendation of the director of fish and game and the director, proclaimed a woodlands closure during high forest fire danger periods, 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 firefighting 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5604.01), eff 12-6-25, EXPIRES 12-6-35

Part Ncr 565 Training of Forest Fire Wardens, Deputy Wardens, and Others Authorized by the Director to Issue Fire Permits

N.H. Code Admin. R. Ann. Ncr 565.01 Training Required {#sec-ncr-565.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 565.01}

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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5605.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 565.02 Training Topics {#sec-ncr-565.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 565.02}

The training required pursuant to Ncr 565.01 shall contain, at a minimum, a review of administrative rules, state statutes, and division policies pertaining to the issuance of fire permits.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5605.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 565.03 Training Required for Initial Appointment of Forest Fire Wardens {#sec-ncr-565.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 565.03}

Unless already completed, a course of training consistent with the National Wildfire Coordinating Group (NWCG) S-130, Firefighting Training, shall be required within the initial 3-year term of the appointment for every forest fire warden. The training shall contain content approved by the division for the purposes of training basic wildland firefighting skills to the agent and shall be completed either in person, virtual, or through a combined format approved by the division, and as provided by the NWCG. The student receives a certificate upon course completion.

History

#14452, eff 12-6-25, EXPIRES 12-6-35

Chapter Ncr 580 Rules for Administrative Fines

Part Ncr 581 Administrative Fines

N.H. Code Admin. R. Ann. Ncr 581.01 Statement of Purpose {#sec-ncr-581.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 581.01}

The purpose of these rules is to provide direction from the commissioner of the department of natural and cultural resources 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5801.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 581.02 Methods of Reporting {#sec-ncr-581.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 581.02}

(a) Any person who is charged with committing a violation of any statutes or rules cited in Ncr 581.03 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5801.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 581.03 Administrative Fine Amounts {#sec-ncr-581.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 581.03}

(a) The administrative fine amount for violation of the prohibited actions in Ncr 561.08, 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 $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.

(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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5801.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 581.04 Grievous Violations {#sec-ncr-581.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 581.04}

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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5801.04), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 581.05 Previous Offenses {#sec-ncr-581.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 581.05}

If a person has not committed the same offense in 7 years, the next offense shall be considered as a first offense.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5801.05), eff 12-6-25, EXPIRES 12-6-35

Chapter Ncr 590 Rules for Enhanced Penalties

Part Ncr 591 Enhanced Penalties

N.H. Code Admin. R. Ann. Ncr 591.01 Statement of Purpose {#sec-ncr-591.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 591.01}

The purpose of these rules is to provide direction from the commissioner of the department of natural and cultural resources 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5901.01), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 591.02 Assessment of Points {#sec-ncr-591.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 591.02}

(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 Chapter 79 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5901.02), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 591.03 Convictions {#sec-ncr-591.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 591.03}

For the purposes of this chapter, conviction shall mean any criminal, civil, or administrative findings of guilt by a governmental entity upon proper adjudication.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5901.03), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 591.04 Multiple Violations {#sec-ncr-591.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 591.04}

(a) 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.

(b) 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

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5901.04), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 591.05 Conviction of Laws of Another State {#sec-ncr-591.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 591.05}

If a person is convicted under the laws of another state, of a law that contains the same elements as any offense listed under Ncr 591.02(b), the conviction shall be used for the purpose of assessing points for an enhanced penalty.

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5901.05), eff 12-6-25, EXPIRES 12-6-35

N.H. Code Admin. R. Ann. Ncr 591.06 Burden {#sec-ncr-591.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 591.06}

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

Ncr 521.01(a)

RSA 227-J:9, I(b)

Ncr 521.01(b)

RSA 227-G:2, IV

Ncr 521.01(c)

RSA 227-G:2, V

Ncr 521.01(d)

RSA 227-J:9, I(a)

Ncr 521.01(e)

RSA 227-J:10

Ncr 521.01(f)

RSA 227-I:9

Ncr 521.01(g)

RSA 227-G:2, XIII

Ncr 521.01(h)

RSA 227-G:2, XIV

Ncr 521.01(i), (j) and (k)

RSA 541-A:7

Ncr 521.01(l)

RSA 227-G:2, XVIII

Ncr 521.01(m)

RSA 227-G:2, XIX

Ncr 522.01

RSA 227-G:4, II; RSA 227-I:9, III and IV, and RSA 541-A:30, III

Ncr 523.01

RSA 227-I:9, II(a)

Ncr 523.02

RSA 227-I:9, I and II(b) and (c)

Ncr 523.03

RSA 227-I:9, II(d)

Ncr 524.01

RSA 227-I:10

Ncr 531.01(a)

RSA 227-J:9, I(b)

Ncr 531.01(b)

RSA 227-G:2, I

Ncr 531.01(c)

RSA 227-G:2, I

Ncr 531.01(d)

RSA 227-G:2, IV

Ncr 531.01(f) through (p)

RSA 227-J:9

Ncr 532.01

RSA 227-J:9, V(a)

Ncr 532.02

RSA 227-J:9, I and V(a)

Ncr 532.03

RSA 227-J:9, V(a)

Ncr 532.04

RSA 227-J:9, V

Ncr 532.05 through Ncr 532.08

RSA 227-J:9, IV

Ncr 532.09 through Ncr 532.11

RSA 227-J:9, I, II and V

Ncr 532.10

RSA 227-J:9, I and II

Ncr 533.01 through Ncr 533.02

RSA 227-G:4, VII; RSA 227-J:15, II

Ncr 533.03

RSA 227-J;15, I(e) and III

Ncr 533.04

RSA 227-J:15, I and III

Ncr 541

RSA 485-B:1-a

Ncr 551.01(a) through (d)

RSA 227-G:4, VII and RSA 227-K:3, I, II and III

Ncr 551.01(e)

RSA 227-K:2, RSA 227-K:14 and RSA 227-K:17

Ncr 551.01(f)

RSA 430:52, VI

Ncr 551.01(g) and (h)

RSA 430:52, IX

Ncr 551.01(i)

RSA 227-G:2, XV

Ncr 551.01(j)

RSA 227-G:4, XI

Ncr 552.01

RSA 227-K:3, II and III(a) and (b)

Ncr 552.02

RSA 227-K:3, I

Ncr 552.03

RSA 227-K:3, III(c)

Ncr 553.01 through Ncr 553.03

RSA 227-K:2, III

Ncr 553.04

RSA 227-K:2, IV and RSA 227-K:17

Ncr 561.01

RSA 227-G:4, IX and X

Ncr 561.01(h)

RSA 227-G:2, IV

Ncr 561.01(i)

RSA 227-G:2, V

Ncr 561.02

RSA 227-G:4, IX and RSA 227-L:17, II

Ncr 561.03

RSA 227-G:4, IX

Ncr 561.04

RSA 227-G:4, IX and RSA 227-L:17, II and IV

Ncr 561.05

RSA 227-G:4, IX and RSA 227-L:17, II

Ncr 561.06 and Ncr 561.07

RSA 227-G:4, IX

Ncr 561.08

RSA 227-G:4, IX and RSA 541-A:30, III

Ncr 561.09

RSA 227-G:4, IX

Ncr 562.01

RSA 227-G:4, IX and RSA 227-L:17, IV

Ncr 563.01 through Ncr 563.04

RSA 227-G:4, IX and RSA 227-L:17, II

Ncr 564.01

RSA 227-G:4, X and RSA 227-L:15

Ncr 565

RSA 227-G:4, IX

Ncr 581.01

RSA 227-G:4, V

Ncr 581.02

RSA 227-G:4, V; RSA 227-J:14, I(b) and RSA 227-K:2, IV(b)

Ncr 581.03(a)

RSA 227-G:4, IX and RSA 227-J:14, I(a)

Ncr 581.03(b)

RSA 227-J:2, II and RSA 227-J:14, I(a)

Ncr 581.03(c)

RSA 227-J:4 and RSA 227-J:14, I(a)

Ncr 581.03(d)

RSA 227-J:5 and RSA 227-J:14, I(a)

Ncr 581.03(e)

RSA 227-J:5 and RSA 227-J:14, I(a)

Ncr 581.03(f)

RSA 227-J:5 and RSA 227-J:14, I(a)

Ncr 581.03(g)

RSA 227-J:5 and RSA 227-J:14, I(a)

Ncr 581.03(h)

RSA 227-J:6, I and RSA 227-J:14, I(a)

Ncr 581.03(i)

RSA 227-J:6, III and RSA 227-J:14, I(a)

Ncr 581.03(j)

RSA 227-J:7, I and RSA 227-J:14, I(a)

Ncr 581.03(k)

RSA 227-J:8, I and RSA 227-J:14, I(a)

Ncr 581.03(l)

RSA 227-J:8-a, I and RSA 227-J:14, I(a)

Ncr 581.03(m)

RSA 227-J:9, VI(a) and RSA 227-J:14, I(a)

Ncr 581.03(n)

RSA 227-J:10, VIII and RSA 227-J:14, I(a)

Ncr 581.03(o)

RSA 227-J:11, II and RSA 227-J:14, I(a)

Ncr 581.03(p)

RSA 227-J:12, I and RSA 227-J:14, I(a)

Ncr 581.03(q)

RSA 227-J:13 and RSA 227-J:14, I(a)

Ncr 581.03(r)

RSA 227-J:14, I(a) and RSA 227-J:15, I

Ncr 581.03(s)

RSA 227-J:14, I(a) and RSA 227-J:15, III

Ncr 581.03(t)

RSA 227-K:2, I(a) and RSA 227-K:17, I

Ncr 581.03(u)

RSA 227-L:2, IV(c) and V (a)

Ncr 581.03(v)

RSA 227-L:2, V(a) and RSA 227-L:11, III

Ncr 581.03(w)

RSA 227-L:2, V(a) and RSA 227-L:13, I

Ncr 581.03(x)

RSA 227-L:2, V(a) and RSA 227-L:13, II

Ncr 581.03(y)

RSA 227-L:2, V(a) and RSA 227-L:14

Ncr 581.03(z)

RSA 227-L:2, V(a) and RSA 227-L:15

Ncr 581.03(aa)

RSA 227-L:2, V(a) and RSA 227-L:16

Ncr 581.03(ab)

RSA 227-L:2, V(a) and RSA 227-L:17, VII

Ncr 581.03(ac)

RSA 227-L:2, V(a) and RSA 227-L:18, I

Ncr 581.03(ad)

RSA 227-L:2, V(a) and RSA 227-L:19

Ncr 581.03(ae)

RSA 227-L:2, V(a) and RSA 227-L:20

Ncr 581.04 and Ncr 581.05

RSA 227-G:4, V

Ncr 591

RSA 227-G:4, X-a and RSA 227-G:10

History

#14243, INTERIM, eff 4-23-25; ss by #14452 (formerly Ncr 5901.06), eff 12-6-25, EXPIRES 12-6-35

Chapter Ncr 730 Parks and Recreation

Part Ncr 731 Rules Relating to All Parks and Department Properties

N.H. Code Admin. R. Ann. Ncr 731.01 Applicability {#sec-ncr-731.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.01}

(a) The provisions of Ncr 731 shall apply to all department of natural and cultural resources (department) properties, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by the department 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 accessible during the operating season regardless of whether the property is staffed, services are provided, or a fee is charged.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.02 Definitions {#sec-ncr-731.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.02}

(a) “Authorized department personnel” means the commissioner, the director of forests and lands, the director of parks and recreation, the deputy director or chief of staff, the department land agent, the bureau administrator, chief or deputy 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) “Beach recreation areas” means an area surrounding picnic, grassy, or sandy areas that is adjacent to an inland beach.

(c) “Bureau administrator” means the bureau of historic sites supervisor, the bureau of parks supervisor of park operations, the bureau of trails chief, the bureau of community recreation administrator, 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) “Commissioner” means the commissioner of the department of natural and cultural resources.

(e) “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.

(f) “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.”

(g) “Operating hours” means the times when park and support facilities are open for public use.

(h) “Operating season” means a period of the year when park facilities are staffed, maintained, and open for public use and services are provided and, where applicable, a day-use fee, ski lift ticket charge, service charge, parking fee, or any other fee is generally collected or required.

(i) “Park or trails manager or forester” means the manager of a park, trails, forest, or recreation area of the department.

(j) “Public interest” means matters related to upholding the quiet enjoyment and guest experience of park visitors.

(k) “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.

(l) “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.

(m) “State park” means those department properties or portions of properties under jurisdiction of the director of parks and recreation pursuant to RSA 216-A:1 and RSA 216-A:2.

(n) “Volunteer coordinator” means a person(s) designated to administer the adopt-a-state park and volunteer programs, and oversee department volunteers and friends groups, including but not limited to volunteers under RSA 216-A:3-h.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.03 Authority of Department Personnel {#sec-ncr-731.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.03}

Persons shall obey all requests made by authorized department personnel in matters of public interest, public health and safety, or resources protection. In this chapter, “public interest” includes matters related to upholding the quiet enjoyment and guest experience of park visitors.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.04 Violations {#sec-ncr-731.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.04}

(a) Any person violating any rule contained in this chapter or Ncr 850 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

(3) Subject to an administrative fine pursuant to Ncr 780.

(b) Serious offenses shall be charged as a misdemeanor.

(1) Acted in a reckless manner pursuant to Ncr 731.30 or Ncr 734.08;

(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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.05 Protection of Natural Features and Property {#sec-ncr-731.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.05}

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 department properties. No person shall introduce, abandon, or leave any plant, aquatic, or terrestrial life, or other foreign object or item on department properties without the prior written permission of the director.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.06 Protection of Historic Resources {#sec-ncr-731.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.06}

(a) No person shall remove or damage any historic property or historic and cultural resource on department 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 Ncr 731.04.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.07 Restrictions in Public Use {#sec-ncr-731.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.07}

(a) Department properties shall be accessible for use unless closed or restricted to public access by posting or by public notification or restricted under the provisions in this chapter or by easement or deed.

(b) Department properties, or portions of a property, shall be closed or restricted for public access by posting or by public notification by authorized department personnel if:

(1) An external subdivision of government requests the department to close a specific department property at a time and for causes listed in (2)-(6) 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 department 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 department properties or portions of department properties that are closed or restricted to public access.

(d) No person shall conduct activities that will disturb other visitors’ quiet enjoyment of the department property at any time, including but not limited to use of foul language.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.08 Animals {#sec-ncr-731.08 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.08}

(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, alpacas, or swine, and wildlife raised in captivity, but excluding equines and animals used for utility covered in Ncr 731.09.

(b) Service animals that are actively working, 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 department property unless temporarily prohibited or restricted to public use by posting under Ncr 731.07, or prohibited or restricted to animals under:

(1) Ncr 731.08(d), where animals shall be permitted only in certain areas during the operating season;

(2) Ncr 731.08(e), where animals shall be prohibited in certain areas during the operating season;

(3) Ncr 731.08(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) Ncr 731.08(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 department properties except at department properties listed below where animals shall be permitted only in the following areas:

(1) In all department campgrounds from April 1 through November 1;

(2) In Bear Brook state park, at the campground and hiking trails only;

(3) In Crawford Notch state park, at the campground, park hiking trails, and the designated dog walk area at the Willey site only;

(4) In Franconia Notch state park, at the designated dog walk area and on hiking trails only, but not ski trails;

(5) In Greenfield state park, at the campground and on hiking trails 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 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, beach recreation areas, and designated swim areas;

(3) At established state park picnic shelters, picnic areas, pavilions, and group use areas;

(4) In the camper cabins, lodge houses, and lodge rooms at Coleman state park;

(5) In the camper cabin at Deer Mountain campground;

(6) In Echo Lake state park, at the beach, picnic area, or on the lake perimeter hiking trail;

(7) At Ellacoya state park;

(8) At Fort Constitution historic site;

(9) At Fort Stark historic site;

(10) In the camper cabins at Jericho Mountain state park;

(11) In the yurts at Milan Hill state park;

(12) In Monadnock and Gilson Pond campgrounds;

(13) In Mount Sunapee state park, at the beach, and at the main park and ski area, during the annual arts and crafts festival;

(14) In Pawtuckaway state park, at the beach and at the campground;

(15) 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 department properties unless otherwise posted or prohibited year-round under Ncr 731.08 (g), except:

(1) In Hampton Beach state park along Ocean Boulevard and at Hampton Beach South, Jenness state beach, North Beach, North Hampton state beach, Rye Harbor/Ragged Neck state park, and Wallis Sands state beach animals shall be permitted only from October 1 through April 30. The provisions of Ncr 731.08(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 Ncr 731.07.

(g) Animals shall be prohibited year-round on the following department properties:

(1) At Monadnock state park;

(2) At Odiorne Point state park;

(3) At Ossipee Lake natural area; 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) Rules related to animals at all New Hampshire fish and game department access areas operated as state boat launches within department properties, to include but limited to, Bear Brook state park, Wellington state park, Greenfield state park, Bedell Bridge state park, Sky Pond state forest and Pawtuckaway state park shall be in accordance with Fis 1603.01.

(i) Dogs used for hunting or search and rescue shall be permitted on department 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 training or operations unless animals are prohibited year-round under Ncr 731.08 (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 department 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.

(j) 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.

(k) Sled dog teams shall be permitted on department property roadways, parking areas, and multi-use trails when posted as an allowable use.

(l) Except for (h) above, every animal, including service animals unless required to be off-leash to perform the service required, 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 department properties.

(m) Animal owners, including owners of service animals, shall clean up and remove offsite any waste eliminated by their animal(s) from public traffic areas, including all trails, multi-use trails, walkways, sidewalks, play areas, play fields, lawns, campgrounds, beaches, and parking lots.

(n) 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 department personnel, the owner of the animal shall immediately remove the animal from the department property at the request of the authorized department personnel.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.09 Equine and Other Animals Used for Utility {#sec-ncr-731.09 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.09}

(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 Ncr 731.08.

(b) Service animals, as defined in Ncr 731.02, 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 Ncr 731.07.

(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 Ncr 740 or by volunteer agreement pursuant to Ncr 750, 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 department properties, unless permission has been granted by special use permit pursuant to Ncr 740 or volunteer agreement pursuant to Ncr 750, 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;

(3) At Crawford Notch state park;

(4) At Echo Lake state park;

(5) At Franconia Notch state park;

(6) At Hampton Beach state park on the cement access path;

(7) At Miller state park;

(8) At Monadnock state park;

(9) At Mount Washington state park;

(10) At Odiorne Point state park;

(11) At Ossipee Lake natural area;

(12) At Rhododendron state park;

(13) At Rollins state park;

(14) At Rye Harbor state park; and

(15) At Winslow state park.

(g) Driving of any equine or other utility animal-drawn vehicle shall be permitted on department 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 pursuant to Ncr 740 or volunteer agreement pursuant to Ncr 750.

(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 department 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 of 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 of 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 department properties, unless permission has been granted by special use permit pursuant to Ncr 740 or volunteer agreement pursuant to Ncr 750.

(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 department personnel, the owner of the animal shall immediately remove the animal from the department property at the request of the authorized department personnel.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.10 Hunting {#sec-ncr-731.10 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.10}

(a) No person shall discharge a firearm within 300 feet of developed recreation areas and state historic sites, 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 and crossbows.

(d) Portable tree stands shall be permitted for the purpose of hunting only within the dates specified in RSA 207:36-a, 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 outside the dates specified in RSA 207:36-a shall be subject to removal and disposal by authorized department personnel, for which department shall not be held liable or responsible for loss or damage of such tree stands. The department shall remove tree stands during active timber harvest operations, for which the department 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.11 Target Shooting {#sec-ncr-731.11 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.11}

(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.

(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) Skeet, trap, and sporting clay shooting shall be prohibited.

(i) 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 Ncr 731.07.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.12 Games {#sec-ncr-731.12 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.12}

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 department personnel.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.13 Soliciting {#sec-ncr-731.13 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.13}

No person shall conduct commercial and non-profit activity, soliciting, or canvassing on department 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 Ncr 740 or volunteer agreement pursuant to Ncr 750, such as but not limited to state contracts, leases, or memorandum of agreements.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.14 Fires {#sec-ncr-731.14 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.14}

(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, including but not limited to propane, electric, and battery-operated grills, shall be permitted, provided that the department property or beach recreation area has places provided or designated for use of grills. Ash and unused charcoal shall be 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.15 Littering and Sanitation {#sec-ncr-731.15 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.15}

(a) No person shall dispose of household or commercial rubbish, garbage, trash, debris, yard or garden waste, dead animals, sewage, human or animal remains, or any other discarded, refuse, or waste material of every kind and description on department 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 department 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 department properties except in campgrounds where dump stations are provided for such purposes as posted. Only registered campers shall have use of campground and department dump stations.

(d) Department properties shall be “leave no trace” and “carry in and carry out.” For the purposes of this rule, “leave no trace” and “carry in and carry out” means that persons visiting a department 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.16 Motor Vehicles {#sec-ncr-731.16 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.16}

(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, speed limit, 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 department 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 and other parking areas without permission being given by authorized department 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 department property gate shall be subject to towing and storage at the owner’s expense.

(e) Motor vehicles left on department properties during a restriction in public use pursuant to Ncr 731.07 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 department authorized personnel or staff or emergency response personnel in the performance of their duties.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.17 Boats {#sec-ncr-731.17 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.17}

(a) No person shall leave a boat, as defined in RSA 270-D:1, I, unattended on any department 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 department 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 department natural area 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.18 Permitted Use on Trails {#sec-ncr-731.18 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.18}

(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 department trails shall be available for the uses listed above in accordance with Ncr 730.

(c) All other trails shall be signed for all other permitted uses not covered in this section, including but not limited to directional, speed limit, seasonal restrictions, and advisory signage.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.19 Metal Detectors {#sec-ncr-731.19 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.19}

(a) Metal detectors shall not be permitted on department properties unless otherwise stated in this section or if permitted by special use permit pursuant to Ncr 740 or by the authorized department personnel.

(b) Metal detectors shall be permitted along the shoreline of beaches, unless otherwise posted.

(d) Money or items found whose value is in excess of $50.00 shall be subject to Ncr 731.27, Lost and Found Items.

(e) Administrative rules pertaining to digging pursuant to Ncr 731.20 shall apply.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.20 Digging {#sec-ncr-731.20 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.20}

(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 department properties, historic sites, and department natural areas unless permission has been granted by special use permit pursuant to Ncr 740 in cooperation with the division of historical resources pursuant to RSA 227-C:9.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.21 Mineral Collecting {#sec-ncr-731.21 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.21}

(a) Mineral exploration and collecting using mechanized equipment or hand tools shall not be permitted on department properties, unless permission has been granted by special use permit pursuant to Ncr 740, 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.22 Constructing or Erecting Structures and Signs {#sec-ncr-731.22 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.22}

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 department properties unless permission has been granted by the department or through a special use permit pursuant to Ncr 740 or volunteer agreement pursuant to Ncr 750.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.23 Group Use {#sec-ncr-731.23 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.23}

(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 and the group has made an advance reservation;

(2) The group will not interfere with other park patrons;

(3) 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; and

(4) A per person fee shall be collected for admittance to a state park that collects fees. Department fees, including but not limited to admission, pavilion and group use area rentals, attractions, concessions, camping, and parking fees shall apply in recreation areas that collect such fees.

(b) Overnight camping for groups shall be permitted provided that:

(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 Ncr 732, shall apply.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.24 Fireworks {#sec-ncr-731.24 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.24}

No person shall use fireworks on any department property unless permission has been granted by special use permit pursuant to Ncr 740.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.25 Alcoholic Beverages {#sec-ncr-731.25 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.25}

Possession and consumption of alcoholic beverages shall be permitted on department properties except as listed in this section:

(a) At all seacoast beaches, possession and consumption of alcoholic beverages shall be prohibited pursuant to Ncr 733.13(b);

(b) At the state operated ski area, consumption of alcoholic beverages shall only be permitted in designated areas pursuant to Ncr 734.06;

(c) At all inland beaches and beach recreation areas, possession and consumption of alcoholic beverages on the beach area shall be prohibited pursuant to Ncr 733.09;

(d) In the following state historic sites, possession and consumption of alcoholic beverages shall be prohibited unless permission has been granted through the provisions under Ncr 740:

(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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.26 Geocaching and Letterboxing {#sec-ncr-731.26 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.26}

(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;

(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 department properties for the purpose of geocaching or letterboxing, or shall develop an earthcache or other virtual cache for a department property, unless written permission has been granted by authorized department 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 Ncr 731.07 occurs, for which the department 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.27 Lost and Found Items {#sec-ncr-731.27 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.27}

(a) Any person who finds on a department 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 department personnel.

(b) The authorized department 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 department personnel in a safe for a period of 60 days; and

(3) The money or items 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 department 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 division director in consultation with and based upon the technical expertise of the bureau of historic sites supervisor and the division of historical resources, shall remain the property of the state.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.28 Feeding of Wildlife {#sec-ncr-731.28 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.28}

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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.29 Smoking {#sec-ncr-731.29 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.29}

Smoking shall be permitted in designated smoking areas only, as posted. Smoking shall be prohibited in all other areas, except for seacoast parks, in the interest of public health and safety under Ncr 731.07(b)(3), and Ncr 731.15, littering and sanitation, as determined by the department. For purposes of this provision, “smoking” means having in one's possession a lighted cigarette, cigar, or pipe, vape or any device designed to produce the effect of smoking, as defined in RSA 155:65, XV.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.30 Reckless Conduct {#sec-ncr-731.30 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.30}

(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 department personnel determine that an individual is behaving in such a manner, the authorized department 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 Ncr 731.04, 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 Ncr 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.31 Theft of Services {#sec-ncr-731.31 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.31}

Theft of services or theft by deception shall be reported to the appropriate authorities.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.32 Bicycle Use {#sec-ncr-731.32 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.32}

(a) Pursuant to RSA 216-F:2 bicycle use shall be permitted on department roads and trails unless prohibited.

(b) A person operating a bicycle shall not exceed 20 mph at any time, except for on rail trails where motorized OHRVs are allowed, electric and power-assisted bicycles shall not exceed the posted speed limit.

(d) All trail users, including pedestrians, shall keep to the right of the trail except when passing;

(e) All persons operating a bicycle ½ hour after sunset and ½ hour before sunrise, including but not limited to the rail trails used as commuter corridors, shall use bicycle lights and reflectors that are visible at a distance of 600 feet.

(f) 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 Ncr 731.07.

(g) Bicycles and electric and power-assisted bikes shall be prohibited on sidewalks per RSA 265:26-A and the Hampton Beach state park boardwalk.

(h) Bicycle racing shall be prohibited on the Franconia Notch recreational trail, unless permission has been granted by special use permit pursuant to Ncr 740.

(i) The recreational use of electric and power-assisted bicycles as defined by RSA 259:27-a shall be managed within the same rules and regulations as outlined in RSA 265:144-a, as follows:

(1) Class 1 and 2 electric bicycles are permitted on natural surface trails where bicycle riding is permitted.

(2) Class 3 bicycles are permitted only on Class III recreational roads, park roads, and rail trails.

(j) Bicycle use on trails groomed for winter recreation shall be permitted only on when trails are frozen.

(k) Bicycle use is prohibited on the trails located on the following state reservations, park roads and forest roads excepted, unless permitted by special use permit pursuant to Ncr 740, as follows:

(1) At all state historic sites under the jurisdiction of the department’s bureau of historic sites, except for the John Wingate Weeks historic site;

(2) Bear’s Den natural area; and

(3) Ossipee Lake natural area.

(l) Railroad bikes, also known as “rail bikes”, means any pedal-powered bicycle with flanged wheels that are designed specifically to use on standard rail road tracks. Rail bikes shall be prohibited on the Cotton Valley rail trail.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.33 Unmanned Aircraft System Use {#sec-ncr-731.33 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.33}

The launching and landing of an unmanned aircraft system (UAS or drone) shall be prohibited on all department reservations unless approved by the department through a special use permit or contract, with preference given to the below stated purposes. Permitted use of a UAS shall comply with all FAA and state laws, regulations, and rules and be approved as follows;

(a) The director of forest and lands, the director of parks and recreation, or their respective assignees, shall be authorized to review and approve special use permit applications or contracts that are within their respective jurisdictions to allow the use of a UAS;

(b) The following activities shall be given preference for granting a permit or contract for UAS use on department reservations:

(1) Requests from law enforcement, firefighting agencies, search and rescue organizations, and other governmental first-response agencies for the purposes of training or testing;

(2) Requests from law enforcement, firefighting agencies, search and rescue organizations, and other governmental first-response agencies for the purposes of public emergency operations shall be processed as follows:

a. Such requests for UAS use on department reservations shall be immediately approved without the need for prior approval from the directors.

b. Any and all UAS operations shall be under the authority of and the responsibility of the person in charge of the incident;

c. Notification of the use of a UAS on department reservations for emergency operations shall be given to the appropriate director within 24 hours of the event;

(3) Permission shall be granted at the discretion of the appropriate director, whose decision shall be final; and requests from accredited universities, colleges, and technical institutes for the purpose of natural resource-based, scientific research projects with a research proposal signed by the course instructor on official letterhead or other correspondence;

(4) Requests from professional news and media outlets, verified by the department’s public information officers, for the purposes of tourism, marketing, and promotional projects;

(c) The department shall consider the following criteria in its evaluation of a request for a special use permit or contract to launch or land a UAS on department reservations:

(1) The appropriateness of the requested activities and whether the use of a UAS will result in unacceptable impacts to natural and cultural resources, trails, and facilities (“resources”), or unacceptable impacts to visitors, and the visitor experience;

(2) Applicability of current FAA, state, and any other applicable regulations and requirements for the use and operation of a UAS;

(3) Potential for injury to self or others, damage to resources, uses that would be contrary to the purposes for which the state reservation was established, uses that would cause unacceptable impact to the peace and tranquility maintained in wilderness, natural, historic, or cultural areas within the state reservation;

(4) Potential for impact to program activities, visitors’ experience, visitors’ services, or the operation of public facilities, or services provided by department staff, concessionaires, or lessees;

(5) Potential for a clear and present danger to public health and safety, or the potential for an invasion of privacy of department staff, the public, or visitors; and

(6) Potential to result in significant conflict with other existing uses or special events within the state reservation.

(d) When use of a UAS is permitted by the department, the following conditions for use shall apply:

(1) Operation of a UAS shall comply with current FAA, state, and any other applicable regulations and requirements for the use and operation of a UAS, as amended;

(2) Disturbance or harassment of wildlife by a UAS shall be strictly prohibited, pursuant to RSA 207:57;

(3) Interference with official law enforcement, fire, or medical services, or other emergency operations shall be strictly prohibited;

(4) Operation of a UAS shall be restricted to the designated area(s) within the state reservation, and to the dates and times identified;

(5) Any other appropriate terms and conditions contained in the special use permit or contract to ensure safe operation of a UAS and to mitigate any unacceptable impacts to the resources, the public, or the visitor experience;

(6) The unauthorized carrying of flammable liquids or any other hazardous materials, including for fueling, by a UAS shall be strictly prohibited;

(7) Operating a UAS in a reckless manner or outside the permitted designated area(s) shall be prohibited;

(8) Flying directly over people, vessels, vehicles, or structures, and endangering the life and property of others shall be prohibited;

(9) Video or audio surveillance of people without their prior written consent shall be prohibited;

(10) An experienced UAS operator shall accompany and assist an inexperienced UAS operator;

(11) All accidents however minor and regardless of damage to persons or property, shall be reported to the department staff, the FAA in accordance with FAA Part 107, and the NH department of transportation bureau of aeronautics immediately; and

(12) Any other conditions and restrictions, as specified in a special use permit or contract.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 731.34 Use of cameras and surveillance {#sec-ncr-731.34 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 731.34}

To protect the privacy of the general public at department campgrounds, beach recreation areas, designated swim areas, and day use areas, the use of cameras, including game cameras, for the purposes of surveillance and observation shall be prohibited by any person other than department personnel in the performance of their duties and other state agencies by special use permit. For purposes of this section, “cameras” means any device capable of recording and transmitting photographic or video data, with or without a wire, to a remote device, such as a computer, smartphone, or other viewing device. The term also includes a device that merely records photographic or video data and stores such data for later use.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 732 Use of Campgrounds

N.H. Code Admin. R. Ann. Ncr 732.01 Applicability {#sec-ncr-732.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 732.01}

In addition to all other rules in Ncr 730, the provisions of Ncr 732 shall apply to all department properties, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by the department to the extent that these provisions apply to the rights granted to the state, or the restrictions placed on the property.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 732.02 Camping {#sec-ncr-732.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 732.02}

(a) No person shall camp on department properties except in designated campsites, shelters, cabins, yurts, and other department lodging facilities.

(b) Reservations for camping shall be made by contacting the camping reservation office or using 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) If pets are permitted onsite, the total number of pets;

(7) The number of nights being requested for reservation;

(8) The method of payment; and

(9) 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) The maximum number of vehicles parked at each campsite shall be 2 unless otherwise specified.

(f) The maximum number of tents accommodated at each tent campsite shall be 2 unless otherwise specified.

(g) 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.

(h) 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.

(i) 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.

(j) 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 in accordance with the department’s fees pursuant to RSA 216-A:3-g. Changing the name on a reservation shall be considered a cancellation of the original reservation.

(k) Cancellations may be made up to and on the arrival date of the reservation, with payment of a cancellation fee. The reservation fee and a portion of the camping fee shall be non-refundable in accordance with the department’s fees pursuant to RSA 216-A:3-g.

(l) Reservations shall be non-transferrable at the park.

(m) Refunds shall not be issued due to weather. Refund requests shall be in writing and mailed to: The NH Reservation Information Office, 172 Pembroke Rd, Concord, NH 03301.

(n) Should the department close a campground pursuant to Ncr 731.07, the department shall refund unused portions of the campsite fees, excluding the non-refundable reservation fee.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 732.03 Camping Permits {#sec-ncr-732.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 732.03}

(a) Campers shall register with the department employee or campground host to obtain a camping permit. Identification shall be required as proof of the reservation and the camper shall provide the camper’s vehicle registration number(s). A camper’s failure to register with the department 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 department 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 reservation fees shall be non‑refundable and non‑transferable, Ncr 732.02(k) and (1) excepted.

(h) Campers shall vacate the campsite and the park on or before the posted checkout time, or shall be charged a late checkout fee and an additional night of camping in accordance with the department’s fees pursuant to RSA 216-A:3-g.

(i) Camper’s equipment and personal property left unattended after the posted checkout time without permission being given by authorized department personnel, shall be considered abandoned and shall be subject to removal and storage at the owner’s expense.

(j) Any camper equipment and personal property removed and stored pursuant to (i) above, shall be subject to the provisions of RSA 471-C:14, if not claimed within 60 days.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 732.04 Campers {#sec-ncr-732.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 732.04}

(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 of the campsite 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.

(c) The use of generators for any purpose, including but not limited to the charging or recharging of batteries, shall be permitted during the hours of 9 a.m. to noon and from 5 p.m. to 8 p.m. only, unless otherwise posted, and shall not exceed the established allowable decibel level.

(d) Campers shall have all fires extinguished by 12:00 A.M. midnight, or as determined by fire permit. Pursuant to RSA 227-L:17, whoever shall kindle or cause to be kindled any such fire or use an abandoned fire in or near woodlands shall totally extinguish the same before leaving it and, upon failure to do so, such person or persons shall be subject to the same liabilities and penalties a prescribed in RSA 227-L:17.

(e) Campers shall not have any day-use visitors at their campsite between the hours of 10:00 P.M. and 7:00 A.M.

(f) 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 department employee or authorized campground host.

(g) 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.

(h) Campers shall not leave campsites unattended overnight without notifying authorized department personnel in advance.

(i) 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.

(j) The registered camper identified by the camping permit shall be responsible for all members of the camper’s party or group, including the disturbance of other campers and visitors and any damages incurred.

(k) Only registered campers shall have use of campground and department dump stations.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 732.05 Camping Permit Suspension {#sec-ncr-732.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 732.05}

(a) At any time, if a park manager or other authorized department personnel determines that a camper or anyone in the party is violating provision Ncr 732.04, or causing environmental or property damage, or endangering public health, safety, or welfare, the park manager or other authorized department 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.

(c) Should a camping permit be suspended, the camper shall be prohibited from applying for a camping permit at any department campground for one year from the date of the suspension.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 733 Use of Waterfront Parks

N.H. Code Admin. R. Ann. Ncr 733.01 Applicability {#sec-ncr-733.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.01}

In addition to all other rules in Ncr 730, the provisions of Ncr 733 shall apply to all department properties, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by the department to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.02 Swimming {#sec-ncr-733.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.02}

(a) No person shall swim at any department facility where and when a day-use fee is charged except in areas designated by swimlines, seacoast beaches excepted.

(b) Persons who swim at a designated swim area shall do so at their own risk.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.03 Glass {#sec-ncr-733.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.03}

No person shall have glass of any kind on any beach.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.04 Beach Fires {#sec-ncr-733.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.04}

No person shall have fires or portable grills on any beach, except as permitted in Ncr 731.14 (a) and (b).

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.05 Swimming and Floatation Equipment {#sec-ncr-733.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.05}

(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 delineated by swimlines. Authorized department personnel shall determine the maximum size of inflatables and other floatation equipment that can be reasonably accommodated within the 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.06 Digging {#sec-ncr-733.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.06}

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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.07 Scuba Diving {#sec-ncr-733.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.07}

No person shall scuba dive in designated swimming areas, nor in Archery Pond in Bear Brook state park.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.08 Swimming Instruction and Swimming Programs {#sec-ncr-733.08 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.08}

(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 swimming programs at a department property by submitting a request for a special use permit pursuant to Ncr 740.

(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 Ncr 740, 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.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.09 Alcohol {#sec-ncr-733.09 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.09}

The possession and consumption of alcoholic beverages shall be prohibited at all inland beaches and beach recreation areas, including but not limited to Bear Brook, Clough, Franconia Notch – Echo Lake, Ellacoya, Greenfield, Jericho Mountain, Kingston, Moose Brook, Pawtuckaway, Silver Lake, Sunapee beach, Wellington, Wentworth beach, and White Lake state parks.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.10 Smoking {#sec-ncr-733.10 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.10}

Smoking, as defined under RSA 155:65, XV., shall be prohibited on the beach area of all inland beaches and beach recreation areas, including but not limited to properties listed in Ncr 733.03. Smoking shall be permitted within designated smoking areas only, as posted.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.11 Amplified Audio {#sec-ncr-733.11 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.11}

Park guests shall not conduct activities that will disturb other visitors’ quiet enjoyment of park properties pursuant to Ncr 733.03, including but not limited to the broadcasting of audio. Persons shall listen to audio using headphones, earbuds, and similar devices.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.12 Use of Boat Launch Areas {#sec-ncr-733.12 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.12}

In accordance with Fis 1603.01 (aa), in order to prevent damage to the public boat access area caused by the practice known as “power loading”, no person at a public boat access area ramp shall utilize the propulsion forces of an outboard or inboard motor propeller or jet to assist in the process of either launching a boat from a trailer into the water or loading a boat from the water on to a trailer, except to the minimum extent required to maintain control of the boat against the forces of wind, tide, or current then experienced.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 733.13 Seacoast Parks and Beaches {#sec-ncr-733.13 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 733.13}

(a) In addition to all other rules in Ncr 730 and Ncr 733, 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 Ncr 740.

(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, face masks, diving goggles, and snorkel tubes shall not be permitted where lifeguards are on duty.

(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, including but not limited to stand-up paddle boards, shall not be permitted when lifeguards are on duty except at the designated area at Hampton Beach state park, North Beach marked by checkered flags as a “surf zone”. 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 be prohibited 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, in designated areas and when permission is granted by authorized department personnel based upon the number of visitors on the beach.

(j) Landing or launching of motorized water-craft shall not be permitted, 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 Ncr 740.

(l) No person shall block or impede the safe and orderly flow of pedestrian traffic, unless permission has been granted by special use permit pursuant to Ncr 740, and 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 seacoast 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 one or several 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 or with expired time;

c. Parking with no parking time purchased;

d. Failure to properly display a handicap placard;

e. Failure to enter the vehicle plate number accurately; or

f. 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;
Over an allocated parking space as indicated by painted white lines;
Employee parking only space;

13 Authorized parking only space;

Police parking only space;
Any gated parking area after posted parking hours;
Entering a parking lot through the “exit only” egress; or
Parking when parking lots are posted as restricted to public use;

(2) Collect additional parking violation fines for each meter overtime period or continued violation;

(3) Subject motor vehicles whose owner has parked illegally, pursuant to Ncr 733.13,(m),(1) d, or has greater than 3 unpaid parking citations on record to towing or immobilization at the owner’s expense;

(4) Subject motor vehicle owner to additional late fees if citation is not paid in full or is not fully adjudicated within the timeframe allowed;

(5) Refer delinquent and non-payment of parking violations fines and fees exceeding 80 days to the department’s collections agent;

(6) Refer habitual offenders having 5 or more unpaid citations to the attorney general’s debt recovery collections office;

(n) Allow a person who has been issued a parking citation to request an appeal within 15 days of the date the citation was issued by taking the following steps:

(1) The claimant shall complete the department’s online “Citation Review Form” (June 2025) by providing the following information:

a. Name, complete mailing address, day-time phone number, and email address;

b. Citation number, issue date; vehicle plate number; and

c. Basis for why claimant thinks the citation was issued in error, and any supporting “documents;”

(o) Upon receipt of the “Citation Review Form” (June 2025) 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:

(1) If the department approves the appeal or approves a portion of the appeal, the department shall determine the fines and fees due pursuant to RSA 216-A:3-g;

(2) 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 and assessed based on the citation issue date; and

(3) Written notification of the department’s decision on the appeal shall be sent within 7-10 business days, including any balance due.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 734 Use of the State Operated Ski Area

N.H. Code Admin. R. Ann. Ncr 734.01 Applicability {#sec-ncr-734.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.01}

In addition to all other rules in Ncr 730, this part shall only apply to Franconia Notch state park.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.02 Trail Use Limitations {#sec-ncr-734.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.02}

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 Ncr 740.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.03 Ski Lifts {#sec-ncr-734.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.03}

(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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.04 Ski Equipment {#sec-ncr-734.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.04}

(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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.05 Personal Belongings {#sec-ncr-734.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.05}

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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.06 Alcoholic Beverages {#sec-ncr-734.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.06}

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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.07 Smoking {#sec-ncr-734.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.07}

Smoking, as defined under RSA 155:65, XV., shall be prohibited on any outdoor dining area associated with the food service facilities within the park.

History

#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.08 Ski Tickets {#sec-ncr-734.08 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.08}

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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 734.09 Reckless Conduct {#sec-ncr-734.09 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 734.09}

(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 department personnel determine that an individual is skiing or riding in such a manner, the authorized department 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 Ncr 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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 735 Use of Franconia Notch Recreational Trail

N.H. Code Admin. R. Ann. Ncr 735.01 Applicability {#sec-ncr-735.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 735.01}

In addition to all other rules in Ncr 730, this part shall only apply to Franconia Notch state park.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 735.02 Trail Use Limitations {#sec-ncr-735.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 735.02}

No person shall use the following equipment or animals on the Franconia Notch recreational trail:

(a) Skateboards;

(b) Roller skates, rollerblades, or roller skis;

(d) Motorized bicycles;

(e) Electronic Personal Assistive Mobility Devices (EPAMD), such as Segways; or

(f) Horses.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 735.03 Motor Vehicle Use {#sec-ncr-735.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 735.03}

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

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 735.04 Limits {#sec-ncr-735.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 735.04}

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 Ncr 731.07.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 735.05 Trail Uses Not Permitted {#sec-ncr-735.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 735.05}

(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 Ncr 740.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 735.06 Protection of Natural Habitats {#sec-ncr-735.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 735.06}

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.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 736 Memorial Policy

N.H. Code Admin. R. Ann. Ncr 736.01 Memorial Policy Definitions {#sec-ncr-736.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 736.01}

(a) "Memorial" means any statue, monument, sculpture, bench, tablet, memorial, plaque, or other structure or landscape feature, including a tree, garden, or memorial grove, designed to perpetuate in a permanent manner the memory of a person, whether deceased or not, group, or event. The term “memorial” also includes the naming of structures or other features, including features within the interior of buildings and trails.

(b) “Commemorate” means the process of remembrance, or showing respect for someone or something by means of a ceremony, or by doing or building something in remembrance of a person or an event.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 736.02 Memorials {#sec-ncr-736.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 736.02}

(a) The installation of memorials or other commemorative items on land owned or controlled by the department shall be prohibited unless:

(1) Approved in advance by the commissioner in accordance with Ncr 736.03; and

(2) The receipt of the commemorative items is approved by the governor and executive council when required by RSA 4.

(b) The donation of memorials or other commemorative items shall be submitted for approval to the commissioner per RSA 216-A:3-o and RSA 227-H:7, if the value of the item(s) is no more than $2,500.00.

(c) The donation of memorials or other commemorative items shall be submitted for approval to the governor and executive council per RSA 4:8, I if the value of the item(s) exceeds $2,500.00.

(d) A special use permit shall be required for any ceremony connected to the installation of a memorial in accordance with Ncr 740, or that involves alteration of a department facility or alteration of the landscape of department property.

(e) Memorials installed on department lands without the required authorizations shall be removed by the commissioner or authorized personnel, and disposed of pursuant to RSA 471-C:14. In the event the value of the memorial exceeds $250.00, the matter shall be referred to the office of the attorney general seeking assistance to obtain appropriate legal relief against the apparent owner of the memorial.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 736.03 Authorization for Memorials {#sec-ncr-736.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 736.03}

(a) No memorial shall be authorized in honor of a person unless at least 2 years have elapsed since the death of the person to be commemorated.

(b) The appropriate division director shall authorize a memorial when:

(1) There is a compelling justification for the recognition; and

(2) The proposed memorial is consistent with the department’s mission pursuant to RSA 12-A:10-h, RSA 19-A:1, RSA 216-A:1, RSA 227-C:4, and RSA 227-G:1.

(c) A person seeking to install a memorial on property owned or controlled by the department shall submit a request in writing to the director, providing the following information:

(1) The name of the person making the request, together with address and contact information;

(2) A description of the proposed memorial, including size, material, and inscription;

(3) The project schedule for installation at the site;

(4) A detailed plan showing the memorial’s proposed location; and

(5) Justification for the memorial, including:

a. How the memorial is consistent with the department’s mission;

b. The association between the land area or facility and the person, group, or event to be commemorated; and

c. How the memorial enhances the public’s appreciation of the land, facility, or natural and cultural resources.

(d) The director shall apply the following factors in making the determination whether to authorize the installation of a memorial:

(1) The association of state-wide importance between the land area or facility and the person, group, or event to be commemorated;

(2) Whether the location and design of the memorial avoids significant disturbance of natural features of the site;

(3) Whether the memorial will be constructed of materials suitable for, and consistent with the local environment;

(4) Whether the memorial will interfere with open space and existing public use;

(5) Whether the memorial design is aesthetically appropriate to the site;

(6) Whether the ongoing maintenance of the memorial is burdensome on department’s operations or budget; and

(7) Whether the memorial that requires ongoing maintenance and an endowment in an amount sufficient for its permanent care or an agreement that provides for its perpetual care is provided.

(e) The person requesting the memorial shall be responsible for the cost of procuring and installing the memorial and associated permits at a time set by the director.

(f) Should there be any ground disturbance associated with the installation of memorials, the person requesting the memorial shall consult with and obtain approval from the division of historical resources, the natural heritage bureau, and any other required state agency review.

(g) The department shall retain its authority to remove a memorial that is significantly damaged by vandalism, weather, or other causes so as to become a public safety concern.

REVISION NOTE:

The Department of Natural and Cultural Resources (Ncr) was established under RSA 12-A:1 and the Department of Resources and Economic Development (DRED) abolished, pursuant to 2017, 156:15, effective 7-1-17. Some of the existing rules under DRED, identified by the prefix Res, were transferred to the prefix Ncr.

All filings prior to Document #14292, effective 6-25-25 can be found in the filing history for the Res 7400 rules.

History

#14055 EMERGENCY, EXPIRED: 2-15-25
#14291, eff 6-25-25, EXPIRES: 6-25-35

Chapter Ncr 740 Reserved and Privileged Use of Department Lands, Facilities and Resources

Part Ncr 741 Purpose and Exclusions

N.H. Code Admin. R. Ann. Ncr 741.01 Purpose {#sec-ncr-741.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 741.01}

This chapter has been enacted to:

(a) Promote fairness and consistency in authorizing uses of department 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 department 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 department lands, facilities, and resources;

(f) Manage the allocation, cost, and sufficiency of department 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

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 741.02 Applicability {#sec-ncr-741.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 741.02}

The provisions of Ncr 740 shall apply to all department of natural and cultural resources (department) properties, and subsequent properties and easements upon acquisition, and facilities, structures, and improvements thereon and to all listed conservation or trail easement properties held by the department to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 741.03 Exclusions {#sec-ncr-741.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 741.03}

Permission through application shall be required for use of department 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) Ncr 731.23, Group Use;

(b) Ncr 732.03, Camping Permits;

(d) Ncr 744, Group Reservations;

(e) Ncr 753, Volunteer Applications;

(f) Permissible uses granted under a property management plan;

(g) Guiding services that meet all of the following requirements:

(1) The activity is conducted outside developed areas of department 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 department areas and qualify under that agency’s 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 department 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 department 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 Ncr 743.01.

(h) Programs, events, or activities initiated, sponsored or conducted by the department; and

(i) 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 Ncr 743.01(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

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 742 Definitions

N.H. Code Admin. R. Ann. Ncr 742.01 Definitions {#sec-ncr-742.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 742.01}

(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) “Department 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 department 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 department 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 department lands, facilities, and resources; or

(3) Multiple complaints from other visitors or parties.

(e) “Special use” means any event, activity, or use that is beyond the normal or routine recreational use of a specific department property or an event, activity, or use requiring a permit under Ncr 743.01

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 743 Rules Relating to Special Use Permits

N.H. Code Admin. R. Ann. Ncr 743.01 Special Use Permit Required {#sec-ncr-743.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 743.01}

Except for Ncr 741.03, a permit shall be required for any special use or commercial use of a department land, facility, or resource, including the following uses:

(a) The reserved or rental use of a property, unless provided for under group reservations in Ncr 744;

(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 Ncr 744;

(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 Ncr 741.03(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 Ncr 744;

(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 Ncr 744;

(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 department 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 Ncr 744;

(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 department staff to provide services or assistance beyond their normal or routine duties, operations, or hours, unless provided for under group reservations in Ncr 744;

(m) Any event, activity, or use that is beyond the normal or routine recreational use of a specific department property as determined by the department, except as is provided for under exclusions in Ncr 741.03; 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 Ncr 743.01(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

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 743.02 Application for Special Use Permit {#sec-ncr-743.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 743.02}

(a) At least 60 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 “NH State Parks Special Use Permit Application, Version 1.0,” (June 2025).

(b) Where the proposed use is noncommercial activities solely involving the expression of views under Ncr 743.01(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 department 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;

h. Event website or social media page;

(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 department land, facilities, and resources. When revenue is generated an income and expense report with a comparison of gross revenue versus net revenue shall be required within 60 days following the use and submitted to the department.

(d) All information submitted with and on the application shall be legible.

(e) General liability insurance coverage shall be required from the applicant 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;

d. Lists the state of New Hampshire as a certificate holder and as an additional insured; and

e. Provides proof of Host Liquor Liability Insurance coverage when alcohol is being served.

(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 Ncr 743.01(a) through (m).

(h) The applicant shall:

(1) Sign and date the application;

(2) Certify by the applicant’s signature agreement to:

a. The use of the department lands, facilities, and resources, and specified areas as required under Ncr 746 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 is 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 Ncr 743.01(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 include a non-refundable expedite fee, as established in accordance with the department’s fee package pursuant to RSA 216-A:3-g and RSA 227-H:9, if the permit application is submitted less than 60 days prior to the event, and unless the permit application is denied by the division and the expedite fee is refunded. If payment is by check or money order it shall be made payable to “Treasurer, State of New Hampshire.”

(k) 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.

(l) The applicant shall mail, hand-deliver, or submit online if such online service is available, the completed application, fees, and attachment(s) to the department authority or as appropriate to the following:

Department of Natural and Cultural Resources

Division of Forests and Lands or Division of Parks and Recreation

Special Use Permit Program

172 Pembroke Road

Concord, NH 03301

(m) Applications received less than 30 days prior to the first date of the event held on department property shall automatically be denied a permit.

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 743.03 Application for Filming Special Use Permit {#sec-ncr-743.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 743.03}

(a) At least 30 days prior to filming, hereinafter referred to as “use,” requiring a filming special use permit, an individual, business, organization, or group, hereinafter referred to as the “applicant,” shall apply for a filming special use permit, hereinafter referred to as “film permit,” by completing and submitting a “2025 Filming Permit Application,” (June 2025).

(b) Where the proposed use includes the use of an unmanned aircraft system (UAS or drone), the applicant shall also complete the “Unmanned Aircraft System (UAS) Questionnaire,” (June 2025) and, by their signature, attest to abide by all FAA, state, and local regulations.

(2) Name of the department 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, models, and spectators;

e. Any animals that will be onsite;

f. Date(s) and beginning and ending time(s) of the use including setup and dismantling;

g. Any equipment, props, or third-party vendors or contractors that will be brought onsite; and

h. 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;

(5) The need for law enforcement and emergency medical response services onsite; and

(6) A detailed description of the filming activity including plot and equipment used.

(d) All information submitted with and on the application 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 as the insured; and

d. Lists the state of New Hampshire as a certificate holder and as an additional insured as required by the department, if applicable;

(g) The applicant shall:

(1) Sign and date the application;

(2) Certify by the applicant’s signature agreement to:

a. The use of the department lands, facilities, and resources, and specified areas as required under Ncr 746 and as stated in the permit;

c. The information provided is complete and accurate, and no willful misrepresentations or omissions are made;

(4) Obtain any and all federal, state, or local permits and licenses, if applicable.

(h) 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 Ncr 743.01(a) through (m), however the applicant shall pay all other fees generally charged to the public such as day-use and parking fees.

(i) The applicant shall include a non-refundable expedite fee, as established in accordance with the department’s fee package pursuant to RSA 216-A:3-g and RSA 227-H:9, if the permit application is submitted less than 30 days prior to the event, and unless the permit application is denied by the division and the expedite fee is refunded. If payment is by check or money order it shall be made payable to “Treasurer, State of New Hampshire.”

(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 department authority or as appropriate to the following:

Department Natural and Cultural Resources

Division of Forests and Lands or Division of Parks and Recreation

Special Use Permit Program

172 Pembroke Road

Concord, NH 03301

(l) Film permit applications received less than 10 days prior to the first date of the event held on department property shall automatically be denied a permit.

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 744 Rules Relating to Group Reservations of Certain Department Facilities

N.H. Code Admin. R. Ann. Ncr 744.01 Group Reservation Required {#sec-ncr-744.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 744.01}

Except for uses requiring a special use permit under Ncr 743.01 or excluded under Ncr 741.03, any reserved or exclusive use of department 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.

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 744.02 Request For Group Reservation {#sec-ncr-744.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 744.02}

(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 complete a “Group Use Reservation Request,” (June 2025) or contact the department authority directly.

(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 to book a group reservation at least 72 hours prior to the 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 department property and the facility or group use area within the property where the event is requested to be held;

(3) The following information about the proposed event:

a. Type of event and brief description of the event;

b. Proposed activities, programs, services, music, and entertainment;

c. Number of guests, participants, and attendees;

d. Date(s) and beginning and ending time(s) of the event, including setup and dismantling; and

e. Any equipment, tents, 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. If alcohol will be served, provide proof of a valid Host Liquor Liability Insurance in amounts not exceed the limits on actions and claims pursuant to RSA 541-B:14.

(d) All information submitted with and on the application 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:

(1) Sign and date the group reservation form for group reservations that occur at the seacoast facilities;

(2) Certify by the applicant’s signature or by selecting the online reservation confirmation check-box, their agreement to:

a. The use of the department lands, facilities, and resources, and specified areas as required under Ncr 746 and as stated in the group reservation form;

b. Fulfill all requirements requested by the department, including but not limited to any conditions, stipulations, or restrictions of the group reservation form, the final payment of fees, and the submission of any required information; and

c. The information provided as complete and accurate, and no willful misrepresentations or omissions are made;

(4) 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 department authority of the department property at which the applicant wishes to reserve a facility.

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 745 Review of Applications for Reserved and Privileged Use of Department Lands, Facilities, and Resources

N.H. Code Admin. R. Ann. Ncr 745.01 Department Authority {#sec-ncr-745.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 745.01}

(a) The director of forest and lands or the director of parks and recreation, or both, or their respective assignees, shall review and approve special use permit applications and group reservation requests that are within their respective jurisdictions pursuant to Ncr 740.

(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

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 745.02 Review of Applications and Requests {#sec-ncr-745.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 745.02}

(a) The applicable department authority shall approve an application or request for reserved or privileged use of DNCR lands, facilities, and resources if:

(1) The application or group reservation form is signed and complete;

(2) The applicant has complied with the requirements of Ncr 743.02 or Ncr 744.02, 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 applicable department authority:

(1) The proposed use or activity violates deed restrictions or is inconsistent with department management purposes for the specific department 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 department lands, facilities, and resources;

(3) The location sought is not suitable because department 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 department 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 department 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 department authority approves an application or request for reserved or privileged use pursuant to Ncr 745.02(a) above, the department authority shall forward to the applicant one completely executed copy of the special use permit or group reservation form.

(d) If the department authority does not approve an application or request for reserved or privileged use pursuant to Ncr 745.02(b) above, the department authority shall notify the applicant in writing, citing the specific grounds contained within Ncr 745.02(b) above for the denial.

(e) An applicant whose application or request is denied pursuant to Ncr 745.02(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 the commissioner’s decision within 48 hours, citing any denial to the grounds contained within Ncr 745.02(b) above.

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 746 Use of Department Lands, Facilities, and Resources

N.H. Code Admin. R. Ann. Ncr 746.01 Use of Department {#sec-ncr-746.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 746.01}

Lands, Facilities, and Resources Granted Under Chapter 740.

(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 department 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 department authority 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 department authority.

(g) The use or activity, while engaged or executed, shall not cause environmental or property damage to department lands, facilities, and resources, as determined by the department authority.

(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 department authority.

(i) Attendees and participants shall park in areas designated by department authority.

(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

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 747 Suspension of Reserved and Privileged Use of Department Lands, Facilities, and Resources

N.H. Code Admin. R. Ann. Ncr 747.01 Suspension of Use of Department Lands, Facilities, and Resources Granted Under Chapter 740 {#sec-ncr-747.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 747.01}

(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, a department authority 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 department authority:

(1) Causing environmental or property damage;

(2) Causing damage to department 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.

History

#14056 EMERGENCY, EXPIRED: 2-15-25
#14292, eff 6-25-25, EXPIRES: 6-25-35

Chapter Ncr 750 Volunteer Programs

Part Ncr 751 Purpose and Exclusions.

N.H. Code Admin. R. Ann. Ncr 751.01 Applicability {#sec-ncr-751.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 751.01}

The provisions of Ncr 750 shall apply to all department of natural and cultural resources (department) properties, and subsequent properties and easements upon acquisition, and facilities, structures, and improvements thereon and to all listed conservation or trail easement properties held by the department to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Ncr 751.02 Purpose {#sec-ncr-751.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 751.02}

This chapter has been enacted to:

(a) Promote fairness and consistency in authorizing volunteer activities on department lands, facilities, and resources;

(b) Promote natural, cultural, and historical resource protection and stewardship of department lands, facilities, and resources;

(d) Manage competing uses of department 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 or privileged use of department lands, facilities, and resources;

(f) Manage the allocation, cost, and sufficiency of department operational resources, including but not limited to staff labor, materials, and training; and

(g) Protect the state from liability and damages arising from the use of its lands, facilities, and resources.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Ncr 751.03 Exclusions {#sec-ncr-751.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 751.03}

Permission through application shall be required for conducting volunteer activities on department 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 as follows:

(a) Ncr 743, for special use permits;

(b) RSA 216-A:3, for agreements with other state agencies, the federal government, municipalities, or other public and private agencies;

(d) Permissible uses granted under a property management plan; and

(e) Programs, events, or activities initiated, sponsored, or conducted by the department.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

Part Ncr 752 Definitions

N.H. Code Admin. R. Ann. Ncr 752.01 Definitions {#sec-ncr-752.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 752.01}

(1) Income is derived from use of department lands, facilities, and resources, directly or indirectly, regardless of the intent to produce a profit;

(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.

(1) Impose on or conflict with the use of department 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 department lands, facilities, and resources; or

(3) Multiple complaints from other visitors or parties.

(e) “Long-term volunteers” means an individual or group that conducts volunteer activities or work on a recurring basis, and who have the skillset and experience to work independently.

(f) “Nonprofit organization” means a not for profit organization, corporation, community chest, fund, or foundation organized and operated exclusively for religious, cultural, charitable, scientific, recreational, literary, agricultural, or educational purposes, or to foster amateur competition in a sport formally recognized by the National Collegiate Athletic Association, and an organization exempt from taxation under section 501(c) of the Internal Revenue Code of 1986 organized or incorporated in this state or having a principal place of business in this state.

(g) “Single-day volunteers” means an individual or group that conducts volunteer activities or work on a non-recurring basis, including but not limited to single-day or short-term projects with a clearly defined end date.

(h) “Special use” means any event, activity, or use that is beyond the normal or routine recreational use of a specific department property or an event, activity, or use requiring a permit under Ncr 743.01.

(i) “Volunteer” means an individual who performs hours of service for a public agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered. Individuals are volunteers when their services are offered freely and without pressure or coercion, direct or implied, from an employer. An individual is not a volunteer if the individual is employed by the department to perform the same type of services as those for which the individual proposes to volunteer.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

Part Ncr 753 Rules Relating to Volunteer Applications

N.H. Code Admin. R. Ann. Ncr 753.01 Volunteer Application Required {#sec-ncr-753.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 753.01}

Except for Ncr 751.03, an application shall be required for any individual or organization, such as a group of individuals, a business, public or private entity, that wishes to become a volunteer recognized by the department to conduct volunteer activities or work on department lands, facilities or resources. Individuals shall use the “Individual Volunteer Application” form (June 2025). Organizations shall use the “Group Volunteer Application” form (June 2025).

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Ncr 753.02 Volunteer Applications {#sec-ncr-753.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 753.02}

(a) An applicant shall supply the following information:

(1) Name, mailing address, day-time telephone number, and email address of the individual, or in the case of a group, the name of the organization and the name, mailing address, website address, if applicable, day-time telephone number, and email address of the group leader of the organization;

(2) Name of the department property and the facility or area within the property where the applicant proposes to conduct the volunteer activity or work;

(3) The following information about the proposed volunteer activity or work:

a. Description of the volunteer services offered;

b. The resources the applicant has readily available to accomplish the proposed services, such as the number of individual volunteers, materials, equipment, or funds;

c. Date(s) and time the applicant is available to conduct the activity or work;

d. That the applicant is over the age of 18;

e. An explanation, if part of a court mandated or other obligation for voluntary service;

f. If the applicant has ever been convicted of a felony that has not been officially annulled by a court, the date, location, including the court, and nature of the felony conviction; and

g. The name and contact information of 2 references.

(4) If the applicant is applying on behalf of an organization, the following information shall be required in addition to Ncr 753.02 (a):

a. The number of individual volunteers assisting with the activities or work;

b. If a business, is the organization registered with the New Hampshire secretary of state pursuant to RSA 349:1, and, if so, whether the organization is in good standing;

c. If a charitable organization, as defined in RSA 7:21, II, (b), whether the organization registered with the New Hampshire department of justice, charitable trusts unit pursuant to Jus 402.01;

d. Describe any food or beverages, or both, including alcohol, that will be served or items that will be offered to participants during the activities or work;

e. Describe any fundraising or solicitation activities that will occur;

f. Describe any proposed activities that are otherwise prohibited under Ncr 730;

g. Describe any additional needs or special considerations, such as but not limited to access to otherwise restricted areas, access to utility services such as electrical, water, or communications lines, the need for department staff assistance, additional waste and sanitation management, traffic control, or additional parking; and

h. Describe any volunteer activities or work that shall occur offsite of department properties;

(5) Indication of coverage of general liability insurance coverage as applicable to protect the state against actions and claims arising from the volunteer activities or work; and.

(6) If anyone in the group has ever been convicted of a felony that has not been officially annulled by a court, the date, location, including the court, and nature of the felony conviction.

(b) Information on the application shall be legible.

(1) That the information provided as complete and accurate, and no willful misrepresentations or omissions are made; and

(2) That the applicant agrees 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.

(d) The applicant shall mail, hand-deliver, or submit online if such online service is available, the completed application to:

Department of Natural and Cultural Resources

Division of Parks and Recreation

Volunteer Programs

172 Pembroke Road

Concord, NH 03301

DNCR.Volunteer@dncr.nh.gov

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Ncr 753.03 Approval of Volunteer Applications {#sec-ncr-753.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 753.03}

(a) The director of the respective department division, or their assignees, shall be authorized to review and approve volunteer applications that are within their respective jurisdiction of land administration and operations.

(b) The department authority shall review and make its decision on the volunteer application within 30 days.

(1) The application form is signed and complete;

(2) The applicant has adequate knowledge, skillset, and experience to safely conduct the proposed volunteer activities or work;

(3) The applicant has the time, materials, and resources to adequately complete the proposed volunteer activities or work;

(4) There is a need for the proposed volunteer activities or work at the location identified in the application; and

(5) The department can provide the necessary supervision or oversight for the proposed volunteer activities or work.

(d) Notwithstanding (c) above, the application shall be denied if one or more of the following circumstances are present:

(2) The location sought is not suitable because the proposed use or activity would materially impact the characteristics or functions of department lands, facilities, and resources;

(3) The location sought is not suitable because department lands, facilities, and resources are reasonably likely to be harmed by the proposed use or volunteer activity;

(4) The proposed volunteer activity or work is prohibited by federal or state law unrelated to the content of expressive activity;

(5) The proposed volunteer activity or work violates state public health laws and rules or state personnel laws and rules;

(6) The applicant or an individual within the group, or the proposed volunteer activity or work will pose a danger to public health, safety, and welfare;

(7) The location sought is not suitable because the proposed volunteer activity or work are 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 the department or other scheduled or existing uses;

(9) The date and time requested have previously been allotted by special use permit, group reservation, or other contract or agreement;

(10) Within the preceding 2 years, the applicant has been granted a volunteer agreement and did, on that prior occasion, knowingly violate a material term or condition of the agreement, or any law, ordinance, statute or regulation relating to use of the department lands, facilities, or resources; or

(11) The proposed volunteer activity or work would unreasonably cause or contribute to the degradation of the visitor experience.

(e) If the department authority approves a volunteer application, the department authority shall provide written notification of acceptance to the applicant.

(f) If the department authority does not approve a volunteer application, the department authority shall notify the applicant in writing, citing the specific grounds contained within Ncr 753.02 for the denial.

(g) An applicant whose volunteer application is denied pursuant to Ncr 753.02, 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 the commissioner’s decision within 10 business days, citing any denial to the grounds contained within Ncr 753.02.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

Part Ncr 754 Rules Relating to Volunteer Projects and Work Plans

N.H. Code Admin. R. Ann. Ncr 754.01 Project and Work Plans Required {#sec-ncr-754.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 754.01}

Long-term volunteer groups approved by the department authority to conduct long-term volunteer activities and work on department properties shall submit an annual work plan to the department.

History

#14312 eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Ncr 754.02 Annual Work Plan Submission {#sec-ncr-754.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 754.02}

(a) Work plans shall be submitted to the department volunteer program manager by February 1 each year for summer projects and by October 1 each year for winter projects.

(b) Volunteers shall solicit input from the department’s onsite park, trail or forest manager or supervisor so as to identify the department’s project needs and priorities.

(1) Volunteer group information:

a. Name of the volunteer group and name of the group leader;

b. Group leader’s phone number and email address;

c. Name of the department property and locations and facilities where volunteer activities and work will take place; and

d. Name of the designated department site supervisor, as determined by the department’s volunteer manager;

(2) Proposed operations for the upcoming year, including but not limited to the following general operations and activities:

a. List all project plans and activities, including the use of department land and facilities, and any group-owned structures on department lands;

b. A schedule of volunteer group meetings;

c. A schedule of volunteer group activities that will take place on department land;

d. If applicable, winter grooming projects on non-motorized trails, including:

List of previously approved trail locations that were groomed;
List of proposed trail locations to be groomed;
List of the names of groomer operators;
List of equipment to be used; and
Confirmation that the volunteer group holds an active general liability insurance policy for its grooming activities and its equipment; and

e. If there are any unfinished projects or tasks from the previous year, a list of such projects or tasks and plans for completing such projects or tasks in the upcoming year;

(3) Financial initiatives for the upcoming year, including:

a. Fees to be charged to third-parties for activities within or use of department land and facilities;

b. Sponsors and donations solicited on behalf of and for use of department land and facilities;

c. Grants to be used on behalf of and for use on department land, which shall require prior written approval from the department; and

d. An explanation of how the use of revenue will support the mutual goals of the volunteer group and the department in the upcoming year;

(4) A description of any signs, promotions, and advertising to be used onsite or associated with department land, including but not limited to placing or painting blazes on through-trails, an image of the blaze, and the name of trail(s) upon which the signs or blazes will be placed;

(5) A list of new project proposals that are beyond routine maintenance, such as but not limited to new construction projects that require permitting, installation of structures, and trail improvements outside of the established trail, that requires prior approval from the department and other state agency approvals;

(6) A list of all programs, events, and fundraisers to be held on department land in the upcoming year, including:

a. Dates and time of such activities;

b. Whether any fees, admission charges or donation requests will be made;

c. Who the target audience is;

d. Whether food or beverages, including alcohol, will be served;

e. Whether third-party vendors will be present; and

f. Any other relevant information that will enable the department to determine if a special use permit is required under Ncr 740;

(d) The following documents shall be submitted with the work plan:

(1) Certificate of insurance with a minimum general liability coverage of $1,000,000 per occurrence, and $2,000,000 aggregate, and listing the department as additional insured and as a certificate holder with the following address:

State of New Hampshire

Department of Natural and Cultural Resources

172 Pembroke Road, Concord, NH 03301

(2) For winter grooming activities, a copy of a certificate of insurance showing coverage for the grooming activities and the grooming equipment and a copy of the trail maintenance vehicle registration issued by NH fish and game;

(3) Certificate of good standing from the office of the secretary of state;

(4) Confirmation that the volunteer group is registered with the office of the attorney general charitable trusts unit, if applicable; and

(5) A copy of the volunteer group’s roster, including but not limited to a list of its board of directors and a list of all members and regular volunteers.

(e) The work plan shall be dated and signed by the authorized signatory, as defined in the certificate of authority.

(f) The group leader shall mail, hand-deliver, or submit online if such online service is available, the completed work plan to:

Department of Natural and Cultural Resources

Division of Parks and Recreation

Volunteer Programs

172 Pembroke Road

Concord, NH 03301

dncr.volunteer@dncr.nh.gov

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Ncr 754.03 Approval of Annual Work Plans {#sec-ncr-754.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 754.03}

(a) The director of the respective department division, or their assignees, shall be authorized to review and approve work plans that are within their respective jurisdiction of land administration and operations.

(b) The department authority shall review and make its decision on the work plan within 30 days.

(c) The department authority shall request revisions to the work plan if the plan is incomplete or additional information is needed in order to make a determination. The volunteer group shall comply with the requested revisions and submit a revised work plan within 30 days for review by the department authority.

(d) The department authority shall approve a work plan if the conditions set forth herein are met:

(1) The work plan is signed and complete;

(2) The volunteer group has adequate knowledge, skillset, and experience to safely conduct the proposed work plan;

(3) The volunteer group has the time, materials, and resources to adequately complete the proposed work plan;

(4) There is a need, as determined by the department, for the proposed volunteer activities or work at the location identified in the work plan; and

(5) The department can provide the administration and management support for the proposed work plan.

(e) Notwithstanding (d) above, the work plan shall be denied if one or more of the following circumstances are present, as determined by the department authority:

(1) The proposed work violates deed restrictions or is inconsistent with department management purposes for the specific department lands, facilities, and resources;

(2) The location sought is not suitable because the proposed work would materially impact the characteristics or functions of department lands, facilities, and resources;

(3) The location sought is not suitable because department lands, facilities, and resources are reasonably likely to be harmed by the proposed work;

(4) The proposed work is prohibited by federal or state law unrelated to the content of expressive activity;

(5) The proposed work violates state public health laws and rules or state personnel laws and rules;

(6) The group, or an individual within the group, or the proposed work will pose a danger to public health, safety, and welfare;

(7) The location sought is not suitable because the proposed work is of such nature or duration that it cannot reasonably be accommodated in that location;

(8) The proposed work will delay, halt, impact, or prevent administrative use of an area by department or other scheduled or existing uses;

(9) The date and time requested have previously been allotted by special use permit, group reservation, or other contract or agreement;

(10) Within the preceding 2 years, the volunteer group has been granted a volunteer agreement and did, on that prior occasion, knowingly violate a material term or condition of the agreement, or any law, ordinance, statute, or regulation relating to use of the department lands, facilities, or resources; or

(11) The proposed work would unreasonably cause or contribute to the degradation of the visitor experience.

(f) If the department authority approves a work plan, the department authority shall provide written notification of acceptance to the group leader.

(g) If the department authority does not approve a volunteer application, the department authority shall

notify the applicant in writing, citing the specific grounds contained within Ncr 754.03 for the denial.

(h) A volunteer group whose work plan is denied pursuant to Ncr 754.03, 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 volunteer group, in writing, of the commissioner’s decision within 10 business days, citing any denial to the grounds contained within Ncr 754.03.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

Part Ncr 755 Volunteer Reporting

N.H. Code Admin. R. Ann. Ncr 755.01 Volunteer Reporting Required {#sec-ncr-755.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 755.01}

To comply with the provisions of Ncr 751.02, individual or group volunteers shall submit the following reports, forms, or other information to the department, when requested:

(a) The single day volunteer sign in sheet, including the date, the name of all volunteers, the signature of all volunteers, and the phone number or email address of all volunteers;

(b) The “Youth Volunteer Parental Consent Form,” (June 2025) for volunteers under the age of 18;

(1) By their signature, the parent or guardian, on behalf of the youth, shall attest to compliance with the provisions of RSA 508:17 and RSA 216-A:3-h, the volunteer immunity laws; and

(2) Are not an employee of the state entitled to certain benefits provided to state employees; and

(3) Shall abide by all policies and procedures of the volunteer program; and

(4) Agree to accept the risks, hazards, and dangers inherent in carrying out the duties and responsibilities of the volunteer activities; and

(5) Agree to release and hold harmless the state against all claims, demands, actions, and causes of action as a result of personal injury, death, or property damage sustained by the volunteer activity; and

(6) Agree to give the state permission to use quotes and photos of the youth in promotional materials.

(c) The volunteer work report, including the date, hours worked, the task(s) completed, the number of adult volunteers, and the number of youth volunteers who worked; and

(d) Notice of upcoming volunteer activities, which shall be provided to the site supervisor prior to on-site arrival.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

Part Ncr 756 Use of Department Lands, Facilities, and Resources

N.H. Code Admin. R. Ann. Ncr 756.01 Use of Department Lands, Facilities, and Resources Granted Under Chapter 750 {#sec-ncr-756.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 756.01}

(a) For purposes of this part, an “agreement” means a volunteer agreement, as is applicable under this chapter.

(b) Only the buildings, facilities, specified areas, or resources of the department 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 department 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 department personnel.

(g) The use or activity, while engaged or executed, shall not cause environmental or property damage to department lands, facilities, and resources, as determined by the authorized department personnel.

(i) Volunteers, attendees, and participants shall park in areas designated by authorized department personnel.

(j) All buildings, facilities, specified areas, or resources used for the approved use or activity shall be restored by the volunteer or volunteer 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 volunteer group leader identified by the agreement.

(l) Volunteers, attendees, and participants who access and use department properties outside of the volunteer work hours approved by the department shall be considered members of the general public and shall pay all admission, parking, camping, rental, and any other fees charged to the general public.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

Part Ncr 757 Suspension and Termination of Volunteers

N.H. Code Admin. R. Ann. Ncr 757.01 Suspension of Use of Department Lands, Facilities, and Resources Granted Under Chapter 750 {#sec-ncr-757.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 757.01}

(a) For purposes of this part, an “agreement” means a volunteer agreement, as is applicable under this chapter.

(b) At any time, an authorized department personnel shall immediately suspend the agreement pursuant to RSA 541-A:30, III, and shall evict the volunteer, volunteer group, organization, company, or contracted party, should any of the following occur, as determined by the authorized department personnel:

(1) Causing environmental or property damage;

(2) Causing damage to department 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 volunteer, volunteer 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, volunteer work pass, admission, parking, permit, or enterprise function fee, except for a portion of camping rental fees as allowed by RSA 216-I:6.

REVISION NOTE:

All filings prior to Document #14287, effective 6-25-25 can be found in the filing history for the Res 7800 rules.

History

#14312, eff 7-10-25, EXPIRES: 7-10-35

Chapter Ncr 780 Administrative Fines Pertaining to Violations of Recreational Use Rules

Part Ncr 781 Fines Relating to All Parks and Department Properties

N.H. Code Admin. R. Ann. Ncr 781.01 Statement of Purpose {#sec-ncr-781.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 781.01}

The purpose of these rules is to provide direction from the commissioner of the department for the determination of appropriate administrative fine amounts for various violations under Ncr 730, Ncr 740, Ncr 750, and Ncr 850. It is also to ensure, to the fullest extent practicable, that generally comparable administrative fine amounts will be assessed throughout the department properties.

History

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 782 Administrative Fines

N.H. Code Admin. R. Ann. Ncr 782.01 Applicability {#sec-ncr-782.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 782.01}

The provisions of Ncr 782 shall apply to all department of natural and cultural resources (department) properties, and subsequent properties and easements upon acquisition, and to all listed conservation or trail easement properties held by the department to the extent that these provisions apply to the rights granted to the state or the restrictions placed on the property.

History

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 782.02 Enforcement {#sec-ncr-782.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 782.02}

(a) Infractions committed under Ncr 730, Ncr 740, Ncr 750, or Ncr 850 shall be reported by authorized department enforcement personnel as described in Ncr 782.03.

(b) For the purposes of this part, “authorized department 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 deputy director or chief of staff;

c. The bureau administrators or chiefs and deputies;

d. The park or trails regional and district supervisors;

e. The park or trails supervisors, including equipment operator supervisors;

f. The park managers;

g. The ski patrol and ski lift attendants;

h. The state park patrol staff responsible for parking meter enforcement;

i. The state park mountain patrol;

j. 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 department properties identified in the agreement.

History

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 782.03 Methods of Reporting {#sec-ncr-782.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 782.03}

(a) Any person who is charged with committing a violation of any rule or statute cited in Ncr 782.04 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 department enforcement personnel;

(9) The signature and badge number, if applicable, of the authorized department 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;

(7) Indication that the official notice was served in hand by the authorized department enforcement personnel; and

(8) The signature and badge number, if applicable, of the authorized department enforcement personnel.

(e) Any person who has been charged with a violation shall answer the notice in person 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 Ncr 782.05.

(f) The department shall hold an adjudicative hearing in accordance with the provisions of Ncr 200 for any person who enters an administrative plea of objection to the charges.

History

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 782.04 Administrative Fine Amounts {#sec-ncr-782.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 782.04}

(a) The Tier 1 administrative fine amounts shall be $25 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 as indicated in Table 782-1 below:

Table 782-1 Administrative Rules with Tier 1 Fines

RULE SUBJECT

Ncr 731.08

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

(4) Violations occurring at Ossipee Lake natural area, which shall be charged under Tier 3

Ncr 731.09

relative to equine and other animals used for utility

Ncr 731.12

relative to games

Ncr 731.13

relative to soliciting

Ncr 731.15(b),(d)

relative to littering and sanitation, littering only, except for:

(1) Littering occurring at seacoast beaches, which shall be charged under Tier 2

Ncr 731.16

relative to motor vehicles

Ncr 731.17

relative to boats

Ncr 731.18

relative to permitted use on trails

Ncr 731.19

relative to metal detectors

Ncr 731.20

relative to digging

Ncr 731.21

relative to mineral collecting

Ncr 731.26

relative to geocaching and letterboxing

Ncr 731.27

relative to lost and found items

Ncr 731.28

relative to feeding of wildlife

Ncr 731.29

relative to smoking

Ncr 731.32

relative to bicycle use

Ncr 732.02

relative to camping

Ncr 732.03

relative to camping permits

Ncr 732.04

relative to campers

Ncr 733.02

relative to waterfront parks: swimming

Ncr 733.03

relative to waterfront parks: glass

Ncr 733.04

relative to waterfront parks: beach fires

Ncr 733.05

relative to waterfront parks: swimming and floatation equipment

Ncr 733.06

relative to waterfront parks: digging

Ncr 733.07

relative to waterfront parks: scuba diving

Ncr 733.08

relative to waterfront parks: swimming instruction and swimming programs

Ncr 733.10

relative to waterfront parks: smoking

Ncr 733.11

relative to waterfront parks: amplified audio

Ncr 733.13, except (b),(h),(j),(k)

relative to seacoast parks and beaches, excluding alcohol, surfing, and air- and watercraft

Ncr 734.02

relative to trail use limitations

Ncr 734.03

relative to ski lifts

Ncr 734.04

relative to ski equipment

Ncr 734.06

relative to alcoholic beverages

Ncr 734.07

relative to smoking

Ncr 734.08

relative to ski tickets

Ncr 735.02

relative to trail use limitations on the Franconia Notch recreational trail

Ncr 735.04

relative to limits on the Franconia Notch recreational trail

Ncr 735.05

relative to trail uses not permitted on the Franconia Notch recreational trail

Ncr 736

relative to the memorial policy

Ncr 753.01

relative to volunteer application required

Ncr 754.01

relative to project and work plans required

Ncr 755.01

relative to volunteer reporting required

Ncr 852.04 (a), (b)

relative to parking restrictions under the bureau of trails

(b) The Tier 2 administrative fine amounts shall be $50 for the first offense, $100 for a second offense, and $250 for each subsequent offense for violation of the following rules as indicated in Table 782-2 below:

Table 782-2 Administrative Rules with Tier 2 Fines

RULE SUBJECT

Ncr 731.05

relative to the protection of natural features and property

Ncr 731.08

relative to animals, violations occurring at seacoast beaches

Ncr 731.15(b),(d)

relative to littering occurring at seacoast beaches

Ncr 731.24

relative to fireworks

Ncr 731.25 (d),(e)

relative to alcoholic beverages at Pawtuckaway and historic sites

Ncr 731.31

relative to theft of services

Ncr 733.13(h),(j),(k)

relative to seacoast parks and beaches: surfing and air- or watercraft

Ncr 735.06

relative to the protection of natural habitats

Ncr 744.01

relative to group reservation required

Ncr 746.01

relative to use of department lands, facilities, and resources

Ncr 756.01

relative to use of department lands, facilities, and resources granted under part Ncr 750

(c) The Tier 3 administrative fine amounts shall be $100 for the first offense, and $250 for each subsequent offense, for violation of the following rules as indicated in Table 782-3 below:

Table 782-3 Administrative Rules with Tier 3 Fines

RULE SUBJECT

Ncr 731.03

relative to obeying the authority of department personnel

Ncr 731.04(a)(1),(2)

relative to resisting or refusing eviction from the property and failing to restore damaged property

Ncr 731.06

relative to the protection of historic resources

Ncr 731.07

relative to restrictions in public use

Ncr 731.08(g)(1),(4)

relative to violations occurring at Monadnock state park and Ossipee Lake natural area

Ncr 731.10

relative to hunting

Ncr 731.11

relative to target shooting

Ncr 731.14

relative to fires

Ncr 731.15(a),(c)

relative to littering and sanitation

Ncr 731.22

relative to constructing or erecting structures and signs

Ncr 731.25(a),(b),(c)

relative to alcoholic beverages at seacoast beaches, state operated ski area, and inland beaches

Ncr 731.30

relative to reckless conduct on department properties

Ncr 731.33

relative to unmanned aircraft system use

Ncr 731.34

relative to use of cameras and surveillance

Ncr 732.05

relative to camping: resisting or refusing eviction from the property

Ncr 733.09

relative to waterfront parks: alcohol

Ncr 733.12

relative to waterfront parks: use of boat launch areas

Ncr 733.13(b)

relative to seacoast parks and beaches: alcohol

Ncr 734.09

relative to reckless conduct at the state operated ski area

Ncr 735.03

relative to motor vehicle use on the Franconia Notch recreational trail

Ncr 735.06

Protection of Natural Habitats: High-elevation protected wildlife habitat zones at Franconia Notch state park

Ncr 743.01

relative to special use permit required

Ncr 747.01

relative to the failure to comply with the suspension of use of department lands, facilities, and resources

Ncr 757.01

relative to suspension of use of department lands, facilities, and resources granted under chapter 750

Ncr 852.03

relative to bureau trail restrictions

Ncr 852.04(c)

relative to parking restrictions under the bureau of trails

Ncr 853.02

relative to snowmobile trail restrictions

Ncr 854.02

relative to ATV and trail bike trail restrictions

History

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 782.05 Administrative Fine Payments {#sec-ncr-782.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 782.05}

(a) Any person who provides the director with an administrative plea to consent to the charge of a violation pursuant to Ncr 782.04(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 Natural and Cultural Resources

Division of Forests and Lands or Division of Parks and Recreation (as appropriate)

Administrative Fines

172 Pembroke Road

Concord, NH 03301

History

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 782.06 Non-payment of Fines {#sec-ncr-782.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 782.06}

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;

(d) After 75 days the matter shall be forwarded to state attorney general’s debt recovery office pursuant to RSA 7:15-a.

History

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 782.07 Previous Offenses {#sec-ncr-782.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 782.07}

If a person has not committed the same offense in 7 years, the next offense shall be considered as a first offense.

APPENDIX

Rule

State or Federal Statute which the Rule is Intended to Implement

Ncr 731.01

RSA 12-A:2-c, II(a)

Ncr 731.02

RSA 541-A:7

Ncr 731.03

RSA 12-A:2-c, II(a)

Ncr 731.04

RSA 12-A:2-c, II(a) and III

RSA 215-A:3-b, I

RSA 215-C:3-a, I

Ncr 731.05

RSA 12-A:2-c, II(a)

Ncr 731.06

RSA 12-A:2-c, II(a)

RSA 227-C:17, II

Ncr 731.07 through Ncr 731.09

RSA 12-A:2-c, II(a)

Ncr 731.10

RSA 12-A:2-c, II(a)

RSA 207:36-a

Ncr 731.11 through Ncr 731.13

RSA 12-A:2-c, II(a)

Ncr 731.14

RSA 12-A:2-c, II(a)

RSA 216-I:9, IV

Ncr 731.15

RSA 12-A:2-c, II(a)

Ncr 731.16

RSA 12-A:2-c, II(a) and (b)

Ncr 731.17 through Ncr 731.29

RSA 12-A:2-c, II(a)

Ncr 731.30

RSA 12-A:2-c, II(a)

RSA 541-A:30, III

Ncr 731.31

RSA 12-A:2-c, II(a)

RSA 637

Ncr 731.32 and Ncr 731.33

RSA 12-A:2-c, II(a)

Ncr 731.34

RSA 12-A:2-c, II(a)

Ncr 732.01

RSA 12-A:2-c, II(a)

Ncr 732.02 and Ncr 732.04

RSA 12-A:2-c, II(a)

RSA 216-I:5

Ncr 732.05

RSA 12-A:2-c, II(a)

RSA 541-A:30, II and III

Ncr 733.01 through Ncr 733.07

RSA 12-A:2-c, II(a)

Ncr 733.08 through Ncr 733.13

RSA 12-A:2-c, II(a) and (b), IV

RSA 216:3, I

RSA 216-A:3-g

Ncr 734.01 through Ncr 734.08

RSA 12-A:2-c, II(a)

Ncr 734.09

RSA 12-A:2-c, II(a)

RSA 225-A:24, III

RSA 541-A:30, III

Ncr 735.01 and Ncr 735.02

RSA 12-A:2-c, II(a)

Ncr 735.03

RSA 12-A:2-c, II(a) and (b)

Ncr 735.04 through Ncr 735.06

RSA 12-A:2-c, II(a)

Ncr 736

RSA 12-A:2-c, II(a)

Ncr 741.01 through Ncr 746.01

RSA 12-A:2-c, I and II (a) and (b); RSA 227-G:4, I

Ncr 747.01

RSA 12-A:2-c, I and II (a); RSA 541-A:30, III

Ncr 751.01 through Ncr 756.01

RSA 12-A:2-c, I and II(a) and (b); RSA 216-A:3-l, III, and RSA 227-G:4, I

Ncr 757.01

RSA 12-A:2-c, I and II(a); RSA 216-A:3-l, III, and; RSA 541-A:30, III

Ncr 781.01

RSA 12-A:2-c, I

Ncr 782.01 through Ncr 782.07

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

#14059 EMERGENCY, EXPIRED: 2-15-25
#14287, eff 6-25-25, EXPIRES: 6-25-35

Chapter Ncr 840 Rules for the Grant-in-Aid Program

Part Ncr 841 Purpose and Scope

N.H. Code Admin. R. Ann. Ncr 841.01 Purpose of the Grant-In-Aid Program {#sec-ncr-841.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 841.01}

(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

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 841.02 Scope {#sec-ncr-841.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 841.02}

These rules shall only apply to OHRV clubs, political subdivisions, and snowmobile clubs as defined by Ncr 842.01 (l), (m), and (o).

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 842 Definitions

N.H. Code Admin. R. Ann. Ncr 842.01 Definitions {#sec-ncr-842.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 842.01}

(a) “Applicant” means an OHRV club, snowmobile club, or political subdivision that applies to the grant-in-aid program.

(b) "Bureau chief" means the chief supervisor for the bureau of trails within the department of natural and cultural resources (bureau).

(c) “Class 1 equipment” means a standard snowmobile or an ATV, or similar style vehicle, which is used for trail grooming or maintenance.

(d) “Class 2 equipment” means a snowmobile with wide tracks or a standard UTV, or similar style vehicle, which is used for trail grooming or maintenance.

(e) "Class 3 equipment" means a tractor or UTV with tracks used to groom or maintain trails with a horsepower range of 48 to 80.

(f) "Class 4 equipment" means a tractor used to groom or maintain trails with a horsepower range of 81 to 100.

(g) "Class 5 equipment" means a tractor or grader used to groom or maintain trails with a horsepower range of 101 or more.

(h) “Grant-in-aid (GIA)” means the program administered by the department of natural and cultural resources, bureau of trails, pursuant to Ncr 840.

(i) “Grooming, grading, 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, grading, or grooming.

(j) “Grooming, grading, or maintenance equipment” means any class 1 through 5 equipment as defined above or maintenance equipment purchased specifically to maintain public trails.

(k) “OHRV advisory committee” means the volunteer committee which advises the bureau chief about GIA projects. The committee is made up of an OHRV representative from each bureau district who are 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.

(l) "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."

(m) "Political subdivision" means a town, city, county, or another department or division of the state.

(n) “Snowmobile advisory committee” means the volunteer committee which advises the bureau chief about GIA projects. The committee is made up of a snowmobile representative from each county who are 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.

(o) "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."

(p) “Summer grading operations” means when an applicant uses trail maintenance registered and insured equipment to grade a trail surface during the summer season.

(q) "Tractor" means groomers, graders, and farm tractors used for the purpose of the GIA program.

(r) "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 GIA purposes.

(s) “Trail project” means trail construction and maintenance, purchase of grooming, grading, maintenance equipment or implement, reconditioning of trail grooming or grading equipment, and summer grading operations, and can include construction and maintenance of public safety landing zones adjacent to the trail system when necessary for remote rescue.

(t) “Winter grooming operations” means when an applicant uses trail maintenance registered and insured equipment to groom a trail surface during the winter season.

(u) "Winter season" means the months of November through April and when the ground is predominantly covered with snow.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 843 Program Information

N.H. Code Admin. R. Ann. Ncr 843.01 Uses of Grant-In-Aid {#sec-ncr-843.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 843.01}

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 applicant applying for GIA.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 843.02 Percentages of Grant-In-Aid {#sec-ncr-843.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 843.02}

Grant-in-aid shall be limited to the following percentages:

(a) 100% of the cost of purchasing materials for trail construction and maintenance excluding delivery fees;

(b) 60% of the cost of renting equipment required to complete a snowmobile trail project;

(d) 60% of the cost of purchasing snowmobile trail grooming or maintenance implement or equipment;

(e) 80% of the cost of purchasing OHRV trail grading or maintenance implement or equipment;

(f) 80% of the cost of reconditioning trail grooming or grading equipment;

(g) 70% of the cost of winter grooming operations;

(h) 80% of the cost of summer grading operations;

(i) 70% of the cost of parking lot snow removal for lots where the primary purpose is for public parking and access to trails for motorized recreation. Snow removal for commercial purposes only shall not be reimbursed; and

(j) 100% of the cost of liability insurance premiums for trail grooming equipment when the bureau chief determines it’s a low snow year.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 843.03 Reduction of Grant-In-Aid {#sec-ncr-843.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 843.03}

(a) Should OHRV or snowmobile revenues fall short of the estimated amounts, GIA awards shall be reduced by the amount of the revenue shortfall. If GIA revenues are insufficient to fund projects at the percentages noted in Ncr 843.02, the bureau shall have the ability to offer partial funding to an applicant, which is lower than those proportions noted in Ncr 843.02, and the applicant 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 GIA award.

(c) In the event that an applicant is purchasing new equipment, and that applicant 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 Ncr 843.02 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

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 843.04 Deadlines for Submitting Applications {#sec-ncr-843.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 843.04}

(a) GIA applications, pursuant to Ncr 845.01 and Ncr 845.02, to be accomplished during the upcoming summer season shall be submitted no sooner than March 20 and no later than May 5 of each year. If the due date falls on a weekend, the application shall be submitted by the close of the prior business day.

(b) GIA applications, pursuant to Ncr 845.03, 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. If the due date falls on a weekend, the application shall be submitted by the close of the prior business day.

(c) The applicant shall complete and submit the trial sign order by the second Friday of April of each year with the bureau’s “Trail Sign Order Form – OHRV”, 2025 June or “Trail Sign Order Form Snowmobile” 2025 June, pursuant to Ncr 844.11.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 843.05 Authorized Trail Administrator {#sec-ncr-843.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 843.05}

Each applicant requesting GIA shall, through its club president, authorize a trail administrator to represent their organization and shall complete and submit either the “OHRV Application for Grant-in-Aid”, 2025 June , “Summer Snowmobile Application for Grant-in-Aid”, 2025 June , or the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June, found on the GIA website. The club or organization president shall certify on the form that, “The undersigned Club/Organization President certifies that, per Ncr 843.05, the Officers of [Club/Organization Name] have voted to appoint [Trail administrator’s name] as the Club/Organizations Trial Administrator (TA).” The trail administrator’s name shall be listed on the application.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 843.06 Landowner Permission {#sec-ncr-843.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 843.06}

All applicants seeking GIA for trail construction or maintenance shall obtain written landowner permission as required under Ncr 844.02(c). Written permission shall not be required for summer grading and winter grooming operations, provided that the trail administrator verifies by signing either the “OHRV Application for Grant-in-Aid”, 2025 June, or the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June , that permission has been received. For certification of insurance purposes, the applicant shall complete and submit the “Grant-In-Aid Landowner List Form,” 2025 June as found on GIA website. The list applicant shall type out the form and include all landowners on which the club’s trail system exists and submit to bureau of trails by the applicant as part of the spring “OHRV Application for Grant-in-Aid”, 2025 June for OHRV clubs and as part of the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June, for snowmobile clubs. The applicant shall provide each landowner with a copy of the Landowner Partnership Brochure.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 843.07 Reimbursement Rates for Grading and Grooming {#sec-ncr-843.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 843.07}

The bureau chief shall have the authority to set the hourly reimbursement rates for grading and grooming in consultation with the OHRV and snowmobile advisory committees.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 844 Project Requirements

N.H. Code Admin. R. Ann. Ncr 844.01 Multiple Projects {#sec-ncr-844.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.01}

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

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.02 Trail Construction and Maintenance {#sec-ncr-844.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.02}

Any project for trail construction and maintenance shall include the following to be submitted with the either the “OHRV Application for Grant-in-Aid”, 2025 June , or the “Summer Snowmobile Application for Grant-in-Aid”, 2025 June. The club or organization presidents shall certify on the form that, “The undersigned Club/Organization President certifies that, per Ncr 843.05, the Officers of [Club/Organization Name] have voted to appoint [Trail administrator’s name] as the Club/Organizations Trial Administrator (TA).”:

(a) A detailed description of the proposed project;

(b) A statement of the type of work necessary to complete the project;

(c) “GIA Landowner Project Permission Form(s)”, 2025 June for the project area that certifies that the landowner granted permission to perform the project work as required by Ncr 843.06;

(d) A labeled, detailed trail map of the project area;

(e) A detailed budget to show anticipated project costs;

(f) Acknowledgment that awarded fugitive dust controls funds shall not be used for any other purpose or project;

(g) A certificate of insurance for trail grooming equipment, if not already on file at the bureau;

(h) A certificate of good standing, if not already on file at the bureau;

(i) A copy of the club’s organizational map that shows all trails that received landowner permission on which to operate and OHRV; and

(j) Certification by the club president trail administrator (TA) that the GIA program rules were understood, that the GIA application is correct and complete, and that the club president trail administrator (TA) will work with the GIA program coordinator if the grant is awarded.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.03 Storm Damage Repairs for OHRV Clubs {#sec-ncr-844.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.03}

OHRV clubs finding unforeseen storm damage may apply for up to $10,000.00 annually on the “OHRV Application for Grant-in-Aid”, 2025 June, pursuant to Ncr 845.01 to repair damaged trails. To request GIA funds for unforeseen storm damage, the OHRV club trail administrator shall complete and submit the “Grant-In-Aid OHRV Storm Damage Request Form”, June 2025, to the bureau and include the documentation for trail construction and maintenance as required in Ncr 844.02.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.04 Purchase of Trail Grooming, Grading, Maintenance Equipment or Implement {#sec-ncr-844.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.04}

Any project for the purchase of trail grooming, grading, or maintenance equipment or implement shall:

(a) Include a detailed description of the equipment to be submitted with either the “OHRV Application for Grant-in-Aid”, 2025 June, or the “Summer Snowmobile Application for Grant-in-Aid”, 2025 June that provides:

(1) The year of manufacture;

(2) The make of the equipment;

(3) Engine size, if applicable;

(4) Fuel type if applicable; and

(5) Optional equipment desired, if applicable; and

(6) A copy of the written appraisal for sales or trade of GIA-purchased equipment;

(b) Include a 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 an equipment or implement grant is also selling or trading equipment or an implement previously purchased through the GIA program to another OHRV club, snowmobile club, or political subdivision, include a detailed description of the equipment or implement to be submitted with the application that provides:

(1) The make, model, and size of the equipment or implement;

(2) The year of manufacture;

(3) The original cost of the equipment;

(4) The amount of GIA provided for the purchase of the equipment or implement;

(5) The year of purchase by the applicant; and

(6) A copy of the written appraisal;

(d) Include an agreement by the grantee to maintain equipment or implement purchased through the GIA program in good mechanical condition; and

(e) Include a letter of justification explaining the need for purchasing equipment or implement.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.05 Terms of Ownership {#sec-ncr-844.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.05}

(a) No equipment or implement previously purchased through the GIA 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 applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if the equipment has been in the possession of the applicant for 5 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 applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if:

a. The equipment has been in the possession of the applicant for 5 years from the date of purchase; and

b. The snow grooming equipment has had 3000 hours of operation, or summer grading equipment has had 1,200 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 applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if:

a. The equipment has been in the possession of the applicant for 5 years from the date of purchase; and

b. The snow grooming equipment has an additional 1300 hours of operation, or summer grading equipment has had an additional 600 hours of operation;

(4) For any trail grooming, grading, or maintenance implements purchased through the GIA program, the applicant 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 applicant for 5 years from the date of purchase;

(5) If (1), (2), (3), and (4) above do not apply, and the equipment or implement is no longer being used to provide trail maintenance, grading, or grooming services on trails used by the general public, then the applicant may sell the property provided that upon receipt of the sale proceeds the applicant shall return funds to the bureau in the same proportion as the bureau funded the initial purchase price;

(6) For any equipment or implement owned by an applicant 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 applicant shall:

a. Give the bureau the first opportunity to purchase the equipment or implement for the non-GIA proportion of the equipment or implement’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; and

(7) If a piece of equipment or implement is replaced in violation of (1) through (6), above, then the replacement equipment or implement shall be subject to the same terms and conditions set forth upon the original grant funded equipment or implement for the remainder of the time period during which the applicant could not sell or trade that equipment or implement without further violating 844.05.

(b) The state of New Hampshire shall retain an interest in the form of a lien on any and all equipment or implement purchased through the GIA program. The bureau shall file a financing statement with the secretary of state pursuant to RSA 382-A:9-501 through RSA 382-A:9-529. The financing statement shall:

(1) Describe the equipment or implement subject to the lien;

(2) Identify the applicant that owns the equipment or implement; and

(3) Identify the state of New Hampshire as the secured party.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.06 Reconditioning of Grooming or Grading Equipment {#sec-ncr-844.06 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.06}

(a) Any project for the reconditioning of equipment shall:

(1) Be limited to class 3, 4, and 5 tractors;

(2) For snow grooming equipment, have a minimum of 3,000 hours of operation from date of purchase, or be a minimum of 7 years of age from date of purchase. For summer grading equipment, have 1,200 hours of operation from date of purchase, or be a minimum of 7 years of age from date of purchase;

(3) For previously reconditioned snow grooming equipment, have an additional 1,700 hours of operation and for previously reconditioned summer grading equipment have an additional 600 hours of operation;

(4) 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;

(5) Include a letter of justification for reconditioning 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;

(6) Include a quote from an authorized manufacturer’s representative including the representative’s address and telephone number to be submitted with the application; and

(7) Include an agreement by the applicant to maintain equipment reconditioned through the GIA program in good mechanical condition.

(b) Applicants shall retain and operate any equipment reconditioned through the GIA program for a minimum of 3 years, and 800 hours, from date of reconditioning, in addition to the requirements of Ncr 844.05, before selling or trading the equipment. Applicants 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 GIA program. The bureau shall file a financing statement with the secretary of state pursuant to RSA 382-A:9-501 through RSA 382-A:9-529. The financing statement shall:

(1) Describe the equipment subject to the lien;

(2) Identify the applicant that owns the equipment; and

(3) Identify the state of New Hampshire as the secured party.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.07 Summer Grading Operations {#sec-ncr-844.07 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.07}

Applicants applying for summer grading operations shall include the following to be submitted with the “OHRV Application for Grant-in-Aid”, 2025 June:

(a) A trail map;

(b) The total one-way mileage of trails to be graded; and

(d) Acknowledgement that awarded storm damage funds shall not be used for any other purpose or project; and

(e) Registration of grading equipment as a trail maintenance vehicle with the fish and game department and proof of liability coverage.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.08 Winter Trail Grooming Operations {#sec-ncr-844.08 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.08}

Applicants applying for winter grooming operations shall include the following to be submitted with the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June:

(a) A trail map;

(b) The total one-way mileage of trails to be groomed;

(d) A certificate of good standing, if not already on file with the bureau; and

(e) A certificate of insurance, if not already on file with the bureau.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.09 Parking Lot Snow Removal {#sec-ncr-844.09 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.09}

Applicants applying for snow removal from parking lots shall include the following to be submitted with the “Winter Snowmobile Application for Grant-in-Aid”:, 2025 June:

(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

(d) At post season, an itemized bill from the snow plow vendor that includes the dates plowed and copies of receipts and cancelled checks that show that payment was made to the vendor.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.10 Liability Insurance for Trail Grooming Equipment {#sec-ncr-844.10 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.10}

(a) Any project for the reimbursement of liability insurance premiums paid for trail grooming equipment shall include the following to be submitted with the “Grant-In-Aid Billing Form”, 2025 June, pursuant to Ncr 848.01(b)(7):

(1) A copy of the insurance certificate;

(2) A copy of paid receipts and invoices with sufficient detail of items and services provided;

(3) Copies of cancelled checks to show proof of payment;

(4) For grooming and grading reimbursement requests, copies of log sheets due by the 10th of the month for the previous month’s work, and;

(5) As indicated on the Grant-In-Aid Billing Form, “The Trail Administrator’s signature verifies that all contracted work is eligible to receive state funds, no subcontractor has been suspended or debarred from receiving state funds.”

(b) Liability insurance premium payments requested through the GIA 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 applicants participating in the GIA program.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.11 Trail Signs {#sec-ncr-844.11 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.11}

Trail signs shall be used and installed along the trail system for the safety and information of trail users. Trail sign orders shall be submitted by the second Friday of April of each year with either the bureau’s “Trail Sign Order Form – OHRV”, 2025 June, or “Trail Sign Order Form – Snowmobile”, 2025 June, as applicable.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 844.12 Change in Project Scope Request {#sec-ncr-844.12 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 844.12}

Applicants can request a specific GIA trail project to be changed as necessary. Applicants shall make efforts to complete approved projects before requesting a change in project scope unless field conditions prevent approved projects from being completed. Applicants shall submit a “Grant In Aid Change in Project Scope Request Form”, 2025 June, in writing to the bureau chief for review. All applicable rules per Ncr 844.02 apply to these change in project scope requests.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 845 Applying for Grant-in-Aid

N.H. Code Admin. R. Ann. Ncr 845.01 OHRV Application for Grant-in-Aid {#sec-ncr-845.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 845.01}

OHRV clubs and political subdivisions applying for GIA for summer OHRV trail projects or summer grading operations shall complete, and submit the “OHRV Application for Grant-In-Aid Summer” form, 2025 June.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 845.02 Summer Snowmobile Application for Grant-In-Aid {#sec-ncr-845.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 845.02}

Snowmobile clubs and political subdivisions applying for GIA for summer snowmobile trail projects shall complete, and submit the “Summer Snowmobile Application for Grant-In-Aid ” form, 2025 June.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 845.03 Winter {#sec-ncr-845.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 845.03}

Snowmobile Application for Grant-in-Aid. Snowmobile clubs and political subdivisions applying for GIA for winter snowmobile operations and parking lot snow removal shall complete, and submit the “Winter Snowmobile Application for Grant-In-Aid” form, 2025 June.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 845.04 Required Project Information {#sec-ncr-845.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 845.04}

Applicants shall submit required project information pursuant to Ncr 844 with an application.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 845.05 Submitting an Application {#sec-ncr-845.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 845.05}

The applicant shall mail or hand-deliver a completed application and all attachments, in accordance with the deadlines established in Ncr 843.04, to:

Department of Natural and Cultural Resources

Bureau of Trails

172 Pembroke Road

Concord, NH 03301

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 846 Review of Grant-in-Aid Applications

N.H. Code Admin. R. Ann. Ncr 846.01 Review of Grant-In-Aid Applications {#sec-ncr-846.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 846.01}

(a) The bureau shall review all GIA applications within 15 business days of the deadlines established in Ncr 843.04, with recommendations from the OHRV or snowmobile advisory committee, and shall recommend approval or denial of GIA 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;

(8) All applicable statutes and rules with previous GIA projects have been complied with; and

(9) The applicant maintains professional and courteous relationships with local municipalities, landowners, adjacent clubs, and the public that shows cooperation and consideration of all land users and public trail funds.

(c) Following approval of an application, the bureau chief shall forward to the applicant, a GIA agreement for signature by the trail administrator.

(d) The signed GIA agreement shall be returned to the bureau for execution.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 847 Notification

N.H. Code Admin. R. Ann. Ncr 847.01 Notification {#sec-ncr-847.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 847.01}

(a) Following approval of a GIA agreement, the bureau chief shall forward to the applicant, one completely executed copy of the GIA agreement.

(b) In the event a GIA application is denied, the reason for such denial shall be made in writing to the applicant.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 848 Reimbursement Requirements

N.H. Code Admin. R. Ann. Ncr 848.01 Grant-In-Aid Billing Form {#sec-ncr-848.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 848.01}

(a) Applicants requesting reimbursement for approved GIA projects shall complete, and submit, the “Grant-In-Aid Billing Form”, 2025 June.

(b) The applicant shall include a copy of the following with the billing form:

(1) Paid invoices with proof of payment for the purchase of materials and for the rental of equipment for trail construction and maintenance reimbursements, if applicable;

(2) A paid invoice with proof of payment from the seller listing the total price paid, make, model, serial number, year of manufacture, engine size, fuel type, and date of delivery for trail grooming, grading, maintenance equipment or implement purchase reimbursements, and a bill of sale for any equipment or implement sold or traded as part of the project, if applicable;

(3) Include an insurance policy for all grooming, grading, or maintenance equipment purchased through the GIA program sufficient to cover the equipment’s actual cash value for the term of the GIA award pursuant to Ncr 844.04. The insurance policy shall name the state of New Hampshire as a certificate holder with the following address:

State of New Hampshire

Department of Natural and Cultural Resources,

Division of Parks and Recreation

Bureau of Trails

172 Pembroke Road, Concord, NH 03301

(4) A paid invoice with proof of payment 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 reconditioning reimbursements, pursuant to Ncr 844.06, if applicable;

(5) Include an insurance policy for all equipment reconditioned through the GIA program sufficient to cover the equipment’s actual cash value for the term of the GIA award pursuant to Ncr 844.04. The insurance policy shall name the state of New Hampshire as a certificate holder with the following address:

State of New Hampshire

Department of Natural and Cultural Resources,

Division of Parks and Recreation

Bureau of Trails

172 Pembroke Road, Concord, NH 03301

(6) “Grant-in-Aid Grading Operations Log”, 2025 June, sheets detailing each day of grading for each piece of grading equipment for summer grading operations reimbursements, if applicable. All log sheets shall note the mileage graded and beginning and ending mileage, hour meter reading, or both, as appropriate;

(7) “Grant-in-Aid Grooming Operations Log”, 2025 June, sheets detailing each day of grooming for each piece of grooming equipment for winter grooming operations reimbursements, if applicable. All log sheets shall note the mileage groomed and beginning and ending mileage, hour meter reading, or both, as appropriate;

(8) Paid invoices with proof of payment for snow removal for parking lot snow removal reimbursements, with dates of plowing listed, if applicable; and

(9) Proof of payment for insurance and the insurance certificate for liability insurance premiums reimbursements, if applicable.

(c) Applicants 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 applicant. Any advances granted shall have proof of payment submitted back to the bureau within 60 days, or future requests for advances shall be denied. Request for advances shall:

(1) Be submitted on a signed “Grant-in-Aid Billing Form”, 2025 June, and include a copy of the vendor invoice;

(2) Be submitted with a copy of their current financial statements, showing their account information from their financial institution, to demonstrate an inability to pay expenses up front; and

(3) When purchasing equipment or implements, proof of payment of the applicant’s percentage pursuant to Ncr 843.02 shall be submitted before the capital advance is issued.

(d) The applicant shall mail or hand-deliver a completed billing form and all attachments to:

Department of Natural and Cultural Resources

Bureau of Trails

172 Pembroke Road

Concord, NH 03301

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 848.02 Time Limit for Reimbursements {#sec-ncr-848.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 848.02}

All projects and incurred costs shall be completed within the contract completion date as specified in the approved GIA agreement. Reimbursement requests are due within 30 days of the contract completion date.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 848.03 Funds Not Used {#sec-ncr-848.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 848.03}

Any funds which are part of a GIA project that are not used by the applicant for the purposes authorized by the approved application shall revert to the GIA program. Any remaining balances shall not be used for any other purpose by any applicant unless prior written permission is received from the bureau.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 848.04 Failure to Comply {#sec-ncr-848.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 848.04}

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 GIA requests to be denied providing corrections are not made within 15 business days of notification of any failure of rules compliance.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 848.05 Grooming Requirements {#sec-ncr-848.05 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 848.05}

(a) Between the dates of December 15th and December 31st, 8 inches of snow cover shall be on the ground to qualify for reimbursement from the GIA program.

(b) Applicants shall have the trail system open to the public to qualify for grooming reimbursement. Applicants can receive reimbursements for up to two days ahead of trail opening to prepare the trail for public use.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 849 Waivers

N.H. Code Admin. R. Ann. Ncr 849.01 Waivers {#sec-ncr-849.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 849.01}

(a) Applicants seeking waivers of specific GIA rules in this chapter shall submit a written request for waiver to the bureau chief which includes the following:

(1) Specific reference to the rule for which a waiver is being sought;

(2) Full explanation of why a waiver is necessary, including the justification for extenuating circumstances or hardships;

(3) Full explanation of alternatives proposed by the applicant, which shall be equally protective of the enhancement and safety of public use of OHRV and snowmobile trails or provide a reasonable explanation why the applicable rule should be waived.

(b) The bureau chief shall approve a request for waiver if the waiver request:

(1) Meets the objective or intent of the rule;

(2) Does not have the potential to negatively impact the safety of the public use of OHRV and snowmobile trails;

(3) Does not have the potential to negatively impact the recreational experience of the public use of OHRV and snowmobile trails; and

(4) Does not negatively affect the quality of OHRV and snowmobile trails.

(c) If a waiver is approved, the applicant’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(d) The bureau chief shall place a time limit on the waiver.

(e) Waivers shall not be transferable.

REVISION NOTE:

All filings prior to Document #14288, effective 6-25-25 can be found in the filing history for the Res 8500 rules.

History

#14293, eff 6-25-25, EXPIRES: 6-25-35

Chapter Ncr 850 Bureau Trail Use Rules

Part Ncr 851 Definitions

N.H. Code Admin. R. Ann. Ncr 851.01 Definitions {#sec-ncr-851.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 851.01}

(a) "All terrain vehicle (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 natural and cultural resources."

(c) "Bureau ATV trail" means an established ATV course to be followed on department of natural and cultural resources (department) properties.

(d) "Bureau snowmobile trail" means an established trail on department 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 department properties.

(f) "Bureau trail bike trail" means an established trail bike course to be followed on department 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) "Off highway recreational vehicle (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) "Utility terrain vehicle (UTV)" means a “utility terrain vehicle” as defined in RSA 215-A:1, XXIV.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 852 All Bureau Trails

N.H. Code Admin. R. Ann. Ncr 852.01 Applicability {#sec-ncr-852.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 852.01}

The provisions of Ncr 852 shall apply to all bureau trails on department properties.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 852.02 Authority of Bureau Personnel {#sec-ncr-852.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 852.02}

Persons shall obey all requests made by authorized bureau personnel in matters of public interest, public safety, or resources protection.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 852.03 Bureau Trail Restrictions {#sec-ncr-852.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 852.03}

(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 department 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, defined in RSA 215-A:1, XVII.

(g) No person shall operate an OHRV or snowmobile at a speed in excess of 10 mph at signed trail junctions where two trails intersect one another, in parking lots, or when approaching or passing trail maintenance equipment.

(h) This section shall not apply to bureau personnel in the performance of their duties.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 852.04 Parking Restrictions {#sec-ncr-852.04 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 852.04}

(a) No person shall park a conventional motor vehicle except in areas designated for parking.

(b) No person shall park a conventional motor 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 department personnel, or both, as appropriate.

(d) Any conventional motor vehicle illegally parked as described above shall be subject to towing at the owner's expense.

(e) This section shall not apply to bureau personnel in the performance of their duties.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 853 All Bureau Snowmobile Trails

N.H. Code Admin. R. Ann. Ncr 853.01 Applicability {#sec-ncr-853.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 853.01}

In addition to rules found in Ncr 852, the provisions of Ncr 853 shall apply to all bureau snowmobile trails on department properties.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 853.02 Snowmobile Trail Restrictions {#sec-ncr-853.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 853.02}

(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 department personnel, or both, as appropriate.

(d) No person shall operate an OHRV or snowmobile on plowed roads unless otherwise posted.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 854 All Bureau Atv, Utv, and Trail Bike Trails

N.H. Code Admin. R. Ann. Ncr 854.01 Applicability {#sec-ncr-854.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 854.01}

In addition to rules found in Ncr 852, the provisions of Ncr 854 shall apply to all ATV, UTV, and trail bike trails on department properties.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 854.02 ATV, UTV, and Trail Bike Trail Restrictions {#sec-ncr-854.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 854.02}

(a) No person shall operate an OHRV other than an ATV, UTV, or trail bike 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 department personnel, or both, as appropriate.

(d) The Ammonoosuc recreational, Rockingham recreational, and Sugar River recreational 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 Ncr 852.03(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, Greenville Branch, Hillsborough Branch, Rockingham, Sugar River, Upper Coos, or Presidential recreational rail 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 Ncr 743. Trail restrictions shall be accomplished by posting signs that spell out the prohibited use.

(j) No person shall operate an OHRV wider than 50 inches, total width, on bureau trails except in Coos County and on the Ammonoosuc recreational rail trail in Grafton County, as provided for in RSA 215-A:43, IV.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 855 Penalties

N.H. Code Admin. R. Ann. Ncr 855.01 Penalties {#sec-ncr-855.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 855.01}

A person who violates any rule of Ncr 850 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, and IV(a), Ncr 782.04, and Ncr 782.06.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

Part Ncr 856 Information

N.H. Code Admin. R. Ann. Ncr 856.01 Bureau Trail Information {#sec-ncr-856.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 856.01}

The public may obtain information regarding bureau trail uses by contacting the bureau at 172 Pembroke Road, Concord, NH 03302.

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

N.H. Code Admin. R. Ann. Ncr 856.02 Petitions for Declaratory Ruling {#sec-ncr-856.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 856.02}

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 Ncr 202.02.

Appendix

Rule

Statute

Ncr 841

RSA 215-A:23, VI(a)-(c) and RSA 215-C:39, VII(a)-(c)

Ncr 842

RSA 541-A:7

Ncr 843 through Ncr 849

RSA 215-A:23, VI(b) and RSA 215-C:39, VII(b)

Ncr 851

RSA 215-A:1; RSA 215-C:1; RSA 541-A:7

Ncr 852.01 and Ncr 852.02

RSA 12-A:2-c, II (a)

Ncr 852.03 through Ncr 854

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

Ncr 855

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)

Ncr 856.01

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

Ncr 856.02

RSA 215-A:3-a, II; RSA 541-A:16, I(d)

History

#14288, eff 6-25-25, EXPIRES: 6-25-35

Chapter Ncr 1100 Natural Heritage Program

Part Ncr 1101 Purpose

N.H. Code Admin. R. Ann. Ncr 1101.01 Purpose {#sec-ncr-1101.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1101.01}

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

Part Ncr 1102 Definitions

N.H. Code Admin. R. Ann. Ncr 1102.01 Definitions {#sec-ncr-1102.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1102.01}

(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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

Part Ncr 1103 Criteria for the Natural Heritage Inventory

N.H. Code Admin. R. Ann. Ncr 1103.01 Endangered Species {#sec-ncr-1103.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1103.01}

(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 Ncr 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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1103.02 Threatened Species {#sec-ncr-1103.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1103.02}

(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 Ncr 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 Ncr 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;
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1103.03 Special Concern Species {#sec-ncr-1103.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1103.03}

(a) The natural heritage inventory of special concern species shall contain any native species not meeting the requirements for Ncr 1103.01 or Ncr 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 Ncr 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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

Part Ncr 1104 Request for Natural Heritage Inventory

N.H. Code Admin. R. Ann. Ncr 1104.01 Petition for Adding and Deleting from the Natural Heritage Inventory {#sec-ncr-1104.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1104.01}

(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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1104.02 Documentation {#sec-ncr-1104.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1104.02}

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

Part Ncr 1105 Conservation Programs

N.H. Code Admin. R. Ann. Ncr 1105.01 Information {#sec-ncr-1105.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1105.01}

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1105.02 Projects by State Agencies {#sec-ncr-1105.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1105.02}

(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 Ncr 1108.01, Ncr 1108.02 and Ncr 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 Ncr 1108.01, Ncr 1108.02, and Ncr 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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

Part Ncr 1106 Agreements and Procedures

N.H. Code Admin. R. Ann. Ncr 1106.01 Agreements to Protect {#sec-ncr-1106.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1106.01}

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1106.02 Receipt and Acceptance of Funds {#sec-ncr-1106.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1106.02}

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1106.03 Acquisition of Real Property {#sec-ncr-1106.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1106.03}

Pursuant to RSA 4:29, the department shall acquire real property by purchase or gift for the purpose of protecting species listed under Ncr 1108.01 and Ncr 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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

Part Ncr 1107 Waivers

N.H. Code Admin. R. Ann. Ncr 1107.01 Waivers {#sec-ncr-1107.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1107.01}

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1107.02 Permit for Waiver Required {#sec-ncr-1107.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1107.02}

(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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1107.03 Notification {#sec-ncr-1107.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1107.03}

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

(a) All applications shall be reviewed according to the reasons set forth in Ncr 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 Ncr 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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

Part Ncr 1108 Natural Heritage Inventory

N.H. Code Admin. R. Ann. Ncr 1108.01 Endangered Plant Species {#sec-ncr-1108.01 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1108.01}

(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 Ncr 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 cylindrical

long-fruited anemone

Arabis hirsuta var. pycnocarpa

hairy rock cress

Arabis laevigata

smooth rock cress

Arctostaphylos alpine

alpine bearberry

Arisaema dracontium

green dragon

Aristida longespica var. geniculate

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 kalmia

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

Scientific Name

Common Name

Cardamine bellidifolia

alpine bitter cress

Cardamine bulbosa

bulbous bitter cress

Cardamine concatenate

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 cumulate

piled-up sedge

Carex diandra

lesser panicled sedge

Carex eburnean

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 umbellate

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 aquatic

pygmy weed

Crotalaria sagittalis

arrow‑headed rattlebox

Cuscuta pentagona

five‑angled dodder

Scientific Name

Common Name

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 inflate

featherfoil

Scientific Name

Common Name

Houstonia longifolia

long-leaved bluets

Huperzia selago

northern firmoss

Hypericum ascyron

great st. johns-wort

Hypoxis hirsute

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 confuse

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 maritime

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 supine

mountain cudweed

Osmorhiza berteroi

mountain sweet cicely

Scientific Name

Common Name

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. succulent

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

Scientific Name

Common Name

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 trifoliate

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. Alpine

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

Scientific Name

Common Name

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 obtuse

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1108.02 Threatened Plant Species {#sec-ncr-1108.02 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1108.02}

(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 Ncr 1103.02:

Table 1100.4 State Listed Threatened Plant Species

Scientific Name

Common Name

Acer nigrum

black maple

Agalinis maritime

salt‑marsh gerardia

Ammophila breviligulata

beach grass

Arabis Canadensis

sicklepod

Arabis missouriensis

missouri rock cress

Arethusa bulbosa

arethusa

Scientific Name

Common Name

Artemisia campestris ssp. Caudate

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 ovate

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 crinite

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

Scientific Name

Common Name

Listera convallarioides

lily‑leaved twayblade

Listera cordata

heart‑leaved twayblade

Lobelia kalmia

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

Scientific Name

Common Name

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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

N.H. Code Admin. R. Ann. Ncr 1108.03 Special Concern Plant Species {#sec-ncr-1108.03 omnilex-key=us-nh-regs-official--agency-ncr--Ncr 1108.03}

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

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

Ncr 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

Ncr 1102

RSA 217-A:3; RSA 541-A:7

Ncr 1103

RSA 217-A:2, II; RSA 217-A:5, II and IV

Ncr 1104

RSA 217-A:5, IV

Ncr 1105.01

RSA 91-A:4

Ncr 1105.02

RSA 217-A:2, III; RSA 217-A:5, II; RSA 217-A:6, II

Ncr 1106.01

RSA 217-A:6, II

Ncr 1106.02

RSA 217-A:6, III

Ncr 1106.03

RSA 217-A:6, IV

Ncr 1107

RSA 217-A:10, III

Ncr 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
#12825, INTERIM, eff 7-10-19, EXPIRES: 1-6-20

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