N.H. Rev. Stat. § 215-A:43 — NH Code / Title XVIII / Chapter 215-A / Section 43
215-A:43 Evaluation Process.
Status: repealed

Any new ATV or trail bike trail proposal on state-owned property shall be evaluated by the department of natural and cultural resources using a 2-step process. I. The new ATV or trail bike trail proposal shall be considered to have passed the initial screening process if the following coarse filter criteria are met: (a) There are no deed restrictions, laws, or purchase funding source restrictions that prohibit the use of ATVs or trail bikes on the property. (b) Less than 90 percent of the property is composed of the following types of areas in combination: (1) Exemplary natural communities as defined in RSA 217-A:3, VII as identified by the natural heritage bureau; (2) Habitat necessary for the successful breeding or survival of federal or state listed endangered or threatened species; and (3) Forested wetlands consisting of group IIB forest soils as defined and mapped by the Natural Resources Conservation Service or non-forested wetlands as defined by the department of environmental services. (c) If it is to be a self-contained trail network, at least 700 contiguous acres are available within which the trail network can be situated, in either single state ownership or as a combination of abutting state properties. (d) If it is to be a trail corridor link, the trails which are being connected exist or will exist when the trail corridor link is established, or shortly thereafter. (e) The use of ATVs or trail bikes on the property does not conflict with the purpose for which the property was acquired by the state as provided by law, or as attested to by letters from grantors, department memoranda, historic records, or other credible documents, or, if such conflict exists, it has been set aside by some legal means that includes a formal review process by the custodial state agency. (f) The use of ATVs or trail bikes on the property is not prohibited by an existing management plan for the property. II. A new ATV or trail bike trail proposal that has passed the initial screening process of the coarse filter criteria under paragraph I shall proceed into a planning and layout phase and shall be considered to have passed such phase if the following fine filter criteria are met: (a) The new trail is supported by an organized ATV or trail bike club recognized by the bureau. (b) ATVs or trail bikes operated on the trail will comply with maximum decibel limit established by law. (c) Adequate parking exists or will be developed for the type of trail being proposed and the number of expected riders. (d) The bureau has given due consideration to local planning and zoning ordinances. (e) The proposed trail does not pass through a parcel with deed restrictions. (f) The bureau has given due consideration to local noise and obnoxious use ordinances. (g) The proposal is reasonably compatible with existing uses. (h) The proposal does not violate federal, state, or local laws. (i) The proposal includes a monitoring and response system designed to detect and correct adverse environmental impacts. (j) The proposed trail layout incorporates existing motorized travel corridors whenever possible. (k) The proposed trail layout minimizes further fragmentation of blocks of forestland by locating trails on areas with existing development whenever possible. (l) The proposed trail does not pass through a sanitary protective area of a public well as determined by the department of environmental services. (m) The proposed trail is not located on earthen dams, dikes, and spillways unless approved by the department of environmental services. (n) The proposed trail avoids areas having soil types classified as important forest soil group IIA or IIB as defined and mapped by the Natural Resources Conservation Service, unless there is an existing soil condition or surface roadway that can be used to reduce adverse environmental impacts. (o) The proposed trail is not within 100 feet of the ordinary high water mark of first and second order streams, 330 feet of third order streams, and 600 feet of fourth order and higher streams, except for purposes of stream crossing, unless there is an existing soil condition or surface roadway that can be used to reduce adverse environmental impacts. (p) All stream crossing structures meet 5-year flood design criteria. (q) The proposed trail is not within 200 feet of any water body, forested or non-forested wetland, or vernal pool, unless there is an existing soil condition or surface roadway that can be used to reduce adverse environmental impacts. (r) The proposed trail avoids elevations over 2,700 feet. (s) The proposed trail avoids important wildlife habitat features for species of concern. (t) The proposed trail avoids known locations of federally and state listed endangered or threatened species, or their habitat, as specified on a site-specific basis by the fish and game department. (u) The proposed trail avoids known locations of rare plants and exemplary natural communities, as specified on a site-specific basis by the natural heritage inventory. (v) The proposed trail avoids alteration or disturbance of unique geologic features, formations, and designated state geologic waysides, as specified on a site-specific basis by the state geologist. (w) The proposed trail avoids alteration, disturbance, and adverse impacts to cultural and historic resources. (x) The proposed trail is not within 330 feet of known raptor nest trees, or within 650 feet of trees with eagle or osprey nests, or as specified on a site-specific basis by the fish and game department. (y) The proposed trail is more than 650 feet from eagle winter roosting areas and 330 feet from the edge of wetlands containing heron rookeries, or as specified on a site-specific basis by the fish and game department. (z) The proposed trail layout has a safe and appropriate trail design. (aa) Safety standards for highway crossings are met. (bb) Any planned use of the proposed trail with other uses is safely accommodated. (cc) Local enforcement officers have been contacted to review and provide input regarding enforcement issues. III. The bureau shall hold at least one meeting to inform the public and local cities and towns of the plan and layout for a proposed ATV or trail bike trail, consistent with the fine filter criteria in paragraph II, and to provide an opportunity for the public to comment. Information on the plan and layout shall be made available to the public at a place in the local area in which the proposed trail is to be located, at the bureau's office in Concord, and on a public accessible Internet site maintained by the bureau. The meeting and the places to obtain the information on the plan and layout shall be advertised at least 14 days prior to the meeting in a newspaper of statewide circulation and also in any local newspapers to the cities and towns in which the state property is located. IV. No person shall operate an OHRV wider than 50 inches or over 1000 pounds on any state-owned trails, except that no person shall operate an OHRV wider than 65 inches or over 2,000 pounds unladen dry weight on: (a) Any state-owned trails in Coos county; and (b) The Ammonoosuc recreational trail from Haverhill to Bethlehem and the Warren recreational trail in Warren, in Grafton county. V. This section shall not apply to the change in use designation of rail trails to include ATV and trail bike use. VI. The property acquired for the purposes of developing ATV and trail bike trails in the city of Berlin by the department of natural and cultural resources, division of parks and recreation, bureau of trails, and any abutting land donated or acquired after the effective date of this paragraph, shall hereby be known as Jericho Mountain state park. VII. Notwithstanding the provisions of this section to the contrary, at Jericho Mountain state park: (a) An ATV or trail bike trail may be established and subsequently maintained within Jericho Mountain state park even though it: (1) Is within 330 feet of a known raptor nest provided that it is not within 650 feet of trees with eagle or osprey nests; or (2) Fails to comply with the criteria in RSA 215-A:43, II(o) and (q) to the extent that it is utilizing an existing surface roadway located within the protected area which would reduce adverse environmental impacts. (b) Site specific waivers of the criteria specified in RSA 215-A:43, II(o) and (q) are only allowed on trails in Jericho Mountain state park provided that all of the following criteria are met: (1) There is no practicable alternative location of the trail that would meet the criteria in RSA 215-A:43, II; (2) The proposed trail location and construction is the least impacting alternative; and (3) Conditions of the site specific waiver are authorized in writing by: (A) The department of natural and cultural resources, in agreement with the fish and game department, for waivers at Jericho Mountain state park that will have no impact on water quality; or (B) The department of natural and cultural resources, in agreement with the fish and game department and the department of environmental services for waivers at Jericho Mountain state park that may have an impact on water quality. (c) A person may operate an OHRV within Jericho Mountain state park which weighs up to 2,000 pounds unladen dry weight and is no wider than 65 inches on specifically designated trails within Jericho Mountain state park, provided that, in addition, the bureau of trails may permit operation of wider or heavier 4-wheel drive motor vehicles, as referenced in the Jericho Mountain state park master development plan, registered as OHRVs, at specific times and on specific trails. VIII. [Repealed.]