New Hampshire Code of Administrative Rules
Res - Commissioner, Department of Resources and Economic Development
Chapter Res 7400 - RESERVED AND PRIVILEGED USE OF DRED LANDS, FACILITIES AND RESOURCES
Part Res 7403 - RULES RELATING TO SPECIAL USE PERMITS
Section Res 7403.02 - Application for Special Use Permit

Universal Citation: NH Admin Rules Res 7403.02

Current through Register No. 12, March 21, 2024

(a) At least 30 days prior to the proposed event, activity or use, hereinafter referred to as "use," requiring a special use permit, an individual, business, organization or group, hereinafter referred to as the "applicant," shall apply for a special use permit by completing and submitting a special use permit application provided by the department.

(b) Where the proposed use is noncommercial activities solely involving the expression of views under Res 7403.01(n) occasioned by events coming into public knowledge within one month prior to the planned event, the applicant shall apply for a special use permit at least 72 hours prior to an event.

(1) Name, address, day-time telephone number and email address of the individual, or in the case of group use, the name of the organization and the name, address and day-time telephone number of the contact person for the organization;

(2) Name of the DRED property and the facility or area within the property where the proposed use is requested to be held;

(3) The following information about the proposed use:

a. Name, type of use, and brief description of the use;

b. Proposed activities, programs, services, music and entertainment;

c. Number of staff, employees and volunteers that will be onsite;

d. Number of guests, participants and spectators;

e. Date(s) and beginning and ending time(s) of the use including setup and dismantling;

f. Any equipment or third-party vendors or contractors that will be brought onsite; and

g. Any fees charged, including but not limited to entry or participant fees, food and beverage service, products or goods for purchase, services offered or requests for donations;

(4) Any additional needs or special considerations, such as but not limited to access to otherwise restricted areas, access to utility services such as electrical, phone and water, the need for department staff assistance, additional waste and sanitation management, traffic control, or additional parking;

(5) The need for law enforcement and emergency medical response services onsite;

(6) Whether alcohol will be served at the event, and if so, whether by licensed bartender or caterer; and

(7) Whether direct or indirect income, regardless of the intent to make a profit, will be derived from the use of the DRED land, facilities and resources. When revenue is generated and is used to determine an event fee under 7403.02(j), a, such as but not limited to an income and expense report with a comparison of gross revenue versus net revenue, shall be required within 60 days following the use.

(d) All information shall be legible.

(e) General liability insurance coverage shall be required from the applicant or organization so as to reasonably protect the state against actions and claims arising from the use. The amount of liability insurance coverage shall be determined by the department based upon the type, extent and risk to persons and property associated with the use, but shall not exceed the limits on actions and claims against the state pursuant to RSA 541-B:14.

(f) The applicant shall include a copy of the following:

(1) A certificate of insurance as proof of liability insurance coverage that:

a. Is valid for the duration of the use, including setup and dismantling;

b. Provides coverage for all in attendance, including but not limited to the staff, employees, volunteers, guests, participants and spectators;

c. Lists the applicant or organization as the insured; and

d. Lists the State of New Hampshire as a certificate holder and as an additional insured as may be required by the department.

(g) General liability insurance coverage shall not be required for use solely involving the expression of views that is not a special use or commercial use listed under Res 7403.01(a) through (m).

(h) The applicant shall:

(1) Sign and date the application;

(2) Certify by his or her signature agreement to:

a. The use of the DRED lands, facilities and resources, and specified areas as required under Res 7406 and as stated in the permit;

b. Fulfill all requirements requested by the department, including but not limited to any conditions, stipulations, or restrictions of the permit, the final payment of fees and the submission of any required information, documents or reports; and

c. The information provided as complete and accurate, and no willful misrepresentations or omissions are made;

(3) Agree to indemnify and hold harmless the State with respect to liability for bodily injury or property damage caused in whole, or in part, by the applicant's acts or omissions, or the acts or omissions of those within the applicant's party, or the acts or omissions of those acting on the applicant's behalf, to the extent RSA 99-D:1 and 2 do not apply; and

(4) Obtain any and all federal, state, or local permits and licenses, if applicable.

(i) The applicant shall include a non-refundable administrative fee, as established in accordance with the department's fee package pursuant to RSA 216-A:3-g and RSA 227-H:9, unless the permit application is denied by the division and the administrative fee is refunded. If payment is by check or money order it shall be made payable to "Treasurer, State of New Hampshire;" except that an administrative fee shall not be required for use solely involving the expression of views that is not a special use or commercial use listed under Res 7403.01(a) through (m), however the applicant shall pay all other fees generally charged to the public such as day-use and parking fees.

(j) The applicant shall pay all other applicable fees in the manner contracted, including but not limited to an event fee, which shall be based upon such considerations as but not limited to day use fees, parking fees, cost recovery, fair market value, number of guests, participants or spectators, revenue generated, and date and time of the event.

(k) The applicant shall mail, hand-deliver, or submit online if such online service is available, the completed application, fees, and attachment(s) to the authorized department personnel or to:

Department of Resources and Economic Development

Division of Forests and Lands or Division of Parks and Recreation (as appropriate)

Special Use Permit Program

172 Pembroke Road

P. O. Box 1856

Concord, NH 03302-1856

(See Revision Note at chapter heading for Res 7400) #10533, eff 3-1-14

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