Current through Register No. 52, December 26, 2024
(a) Unless
expressly allowed under
Fis
902.02, no use of department-controlled land shall
begin prior to issuance of a special use permit by the executive director or
his designee.
(b) A special use
permit shall be required for the following on all lands under department
control, including public boat access areas under
RSA
233-A:1, IV:
(1) Recreational activities including but not
limited to:
a. Construction or maintenance of
trails for any purpose, including OHRV and snowmobile trails;
b. Field trials as specified in Fis
814;
c. Camping;
d. Campfires;
e. Organized horseback riding events;
and
f. Organized OHRV and
snowmobile events on or over frozen water bodies that require ingress and
egress over department-controlled land;
(2) Non- recreational activities including
but not limited to:
a. Removal or disturbance
of natural resources including archeological digs, mineral digs, or
prospecting;
b. Agricultural
activities;
c. Activities that
involve or have potential for erosion or impacts on water quality;
d. Altering or removing vegetation, including
the removal of dead and down material;
e. Wildlife scientific study if such study
involves collection of individuals pursuant to a state or federal permit,
regardless of the number of persons involved; and
f. Installation, use, maintenance, or storage
of equipment on the site for any period longer than one day;
(3) Any activity involving 15 or
more people acting as a group;
(4)
Commercial activities consistent with the purpose or management of the property
except for guiding associated with hunting, trapping and fishing; and
(5) Operation of an OHRV to enable
individuals with documented permanent mobility disabilities to access hunting,
fishing, or trapping opportunities, subject to the following conditions:
a. Permits shall be strictly limited as to
dates and locations of use;
b. The
locations where the OHRV may be used shall be limited pursuant to
Fis
902.03(f) to protect animals or
plants at the site from damage, or to prevent harm to water quality from
erosion or other impacts; and
c.
Proof of vehicular insurance shall be required.
(c) Persons seeking a special use
permit shall submit a request in writing to the executive director including
the following information:
(1) The name of
the affected WMA, public boat access area, or other department-controlled land
and its location;
(2) A description
of the proposed activity, with dates, time of day and duration of
use;
(3) A detailed map(s) of the
property, and local area showing the location of the proposed activity, which
may be obtained from:
a. A WMA map located at
the department website,
www.wildlife.nh.us.;
b. A map created from the New Hampshire
GRANIT Data Mapper located at the University of New Hampshire website,
www.granit.unh.edu;
c. A map from the United States Geological
Survey showing the area in question; or
d. A map prepared by a professional engineer,
or licensed land surveyor;
(4) A description of the equipment needed for
the proposed activity and the extent of its intended use;
(5) A plan or description for any road or
trail work necessary for the proposed activity, including:
a. Proposed changes to water courses or
drainage, such as culverts and stream crossings;
b. Whether any soils or stone will be either
cut from the site or added to the site;
c. Whether any structures or signage are
proposed to be erected and left at the site, to include trail signs, bridging,
seating, or storage areas; and
d.
Whether there will be removal of trees or vegetation, other than minor trimming
that will not result in the destruction of the tree or other plant;
(6) An estimate of the number of
people participating if the request is for an event, or seasonal use levels for
a trail; and
(7) The person's name,
address, phone, fax, e-mail and the name and address of any organization that
the person represents regarding the request.
(d) The executive director, or his or her
designee, shall review the request for completeness. If further information is
needed to permit an evaluation of the request it shall be requested in writing
within 14 days of receipt of the request.
(e) A special use permit request shall not be
further evaluated until sufficient information has been received to enable a
finding that the request is complete.
(f) The executive director shall, within 30
days of determining that the request is complete, grant a special use permit
request, unless he or she finds that the proposed activity poses a risk of
adverse impacts to:
(1) Federal or state
listed endangered or threatened species as listed in Fis 1000 or species listed
in the natural heritage bureau inventory database as determined by using the
procedure found in Res 1105;
(2)
Species of conservation concern or their habitats as identified by the
department;
(3) Any fish, wildlife
or their habitat at the location based upon input from department staff or
reviews from state or federal agencies with jurisdiction over the location or
use;
(4) Floodplains, wetlands,
shorelands, or public waters of the United States;
(5) Known historic resources, as determined
under RSA
227-C:1;
(6) Areas with unique geologic
characteristics;
(7) Any of the
above characteristics based upon cumulative environmental risks or
degradation;
(8) Roads, trails,
infrastructure or facilities; and
(9) Public health or safety, based upon
concerns over traffic, vehicular parking, or the ability of the property to
safely accommodate the estimated number of users at the specific
location.
(g) Specific
limitations and conditions shall be placed upon a special use permit if
required to:
(1) Protect identified fish,
wildlife and habitat resources or environmental features;
(2) Protect infrastructure or facilities
present at the site from damage or overuse;
(3) Protect the public health and safety of
users and neighboring property owners prior to, during, and after the proposed
activity; and
(4) Insure that the
permitted activity will not interfere with, or be contrary to the purpose for
which the land was acquired, developed or managed.
(h) Upon request, the executive director
shall approve a request to alter the date of a permitted event if:
(1) Intervening weather events including, but
not limited to, a lack of snow, cause the condition of the property to be
inappropriate for the approved use; and
(2) The property has not been permitted for a
conflicting use on the requested date.
#10262, eff
1-29-13
