reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-H - Public Forest Lands: Management, Acquisition, and Lost Taxes › Section 227-H:21 - Apportionment.

227-H:21 Apportionment. –
The funds shall first be apportioned by the department of education among the several organized towns, unincorporated towns, and unorganized places in which such national forest is or may be situated, in proportion to the area of such national forest in each, as determined by the forest service of the United States Department of Agriculture.
Source.
1995, 299:1. 1999, 200:1, eff. Sept. 4, 1999.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-H - Public Forest Lands: Management, Acquisition, and Lost Taxes › Section 227-H:22 - Use of Funds by Organized Towns.

227-H:22 Use of Funds by Organized Towns. –
The several sums so apportioned to each organized town shall be paid over by the department of education, within 90 days after receipt, to the treasurer of the school district in the town, or, if there is no school district in the town, to the treasurer of the school district of which the town is a member and shall be expended for the benefit of the public schools in the organized town, in addition to the sums required by law to be raised for such purposes, in such manner as may be determined by appropriations duly made by school district meetings.
Source.
1995, 137:7; 299:1. 1999, 200:2, eff. Sept. 4, 1999.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-H - Public Forest Lands: Management, Acquisition, and Lost Taxes › Section 227-H:23 - Use of Funds by Unincorporated Towns and Unorganized Places.

227-H:23 Use of Funds by Unincorporated Towns and Unorganized Places. –
All sums so apportioned to unincorporated towns and unorganized places shall be expended for the benefit of public schools in the counties in which such places are located, in such manner as the appropriate county legislative delegation shall prescribe giving due consideration to the expenditure of a portion of such sum as part payment towards the costs of the education of any children residing in such unincorporated towns and unorganized places. Such payment shall be made by the department of education, within 90 days after receipt, directly to financially and politically independent school districts. If there are no students residing within the unincorporated towns and unorganized places in a county, the funds shall be disbursed to the school districts within the same county as the unincorporated towns and unorganized places in a manner as the appropriate county legislative delegation shall prescribe.
Source.
1995, 299:1. 1999, 200:3, eff. Sept. 4, 1999.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-H - Public Forest Lands: Management, Acquisition, and Lost Taxes › Section 227-H:24 - Revenue From Federal Lands.

227-H:24 Revenue From Federal Lands. –
If any lands of the state, acquired by the federal government, shall be placed under the jurisdiction of the department, in accordance with an agreement entered into by the governor and council and the federal government pursuant to the so-called Fulmer Act (16 U.S.C. sections 567a-567c), or any other similar act, the department shall administer, manage, and develop said lands and distribute the proceeds from such lands in accordance with the terms of such agreement. Other provisions of law relative to the disposition of revenue received from state lands shall not apply to the revenue received under the agreement.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:1 - Declaration of Purpose.

227-I:1 Declaration of Purpose. –
It is hereby recognized and declared that accurate and detailed information concerning the state's forest resources and uses is essential to planning for the multiple use and perpetuation of those resources and that the welfare of the state is served by making such information as complete, current, and available as possible. It is further recognized that the public welfare is served by educating the citizens of this state about the value of forest resources and benefits and forestry.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:2 - Duties and Authority of the Director.

227-I:2 Duties and Authority of the Director. –
I. The director shall:
(a) As far as other duties may permit, carry on an educational course of lectures and other public information programs and activities on forests and forest resources and conduct exhibits on forestry at state facilities and at fairs and other similar public assemblies, delegating such duties to authorized assistants as necessary, within the limits of available time and funds.
(b) Provide New Hampshire forest landowners, natural resource professionals, forest products industries, communities, and the non-landowning public with unbiased, research-based educational assistance on subject matters including, but not limited to, sustainable forest management practices, stewardship of all forest resources, timber harvesting, and the utilization and marketing of forest products.
(c) Enable the division to provide the educational assistance referred to in subparagraphs (a) and (b) by enacting and maintaining a memorandum of understanding with the University of New Hampshire cooperative extension to support and implement a joint forest resources educational program between the division, the cooperative extension and cooperating federal, state, and county partners. Such memorandum shall be reviewed and updated every 3 years or less as may be necessary.
(d) At least every 10 years undertake an inventory, assessment, and analysis of the forest resources as provided in RSA 227-I:6-8.
II. The director may:
(a) Upon request and whenever the director deems it essential to the best interest of the people of the state, cooperate with counties, towns, corporations, and individuals in preparing plans for the protection, management, and reforestation of woodlots and timber tracts, on such terms as the commissioner may approve.
(b) Assist, at its request, any city or town which has established a city or town forest.
(c) Keep an inventory of all city and town forests in the state.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:3 - Education and Promotion.

227-I:3 Education and Promotion. –
I. The governor shall annually proclaim one week during the month of May, as recommended by the director, as forest conservation week, to encourage the proper care and utilization of the state's forest resources. The governor shall urge forest landowners to observe the occasion by seeking professional forestry advice on the forest management of their woodlots and shall urge others to develop a greater awareness of the forest by obtaining informational pamphlets, publications and material, and by participating in forestry education activities and programs.
II. The governor shall annually proclaim the last Friday in April in each year as Arbor Day, designating this day for the recognition of the significant contribution of trees and shrubs to the well-being, comfort, and inspiration of the people of this state. The governor shall direct the director to encourage appropriate local and state celebrations and educational programs in commemoration of the occasion and to encourage all citizens of the state, individually and in organized groups, to enrich their surroundings by the planting of trees and shrubs on their own properties and in approved public places.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:4 - Recommended Forest Management Practices.

227-I:4 Recommended Forest Management Practices. –
The director shall coordinate an effort to produce educational tools that identify recommended voluntary forest management practices for sites or practices which are ecologically sensitive due to soils, wildlife habitat, and other unique natural features such as high elevations, steep slopes, deer wintering areas, riparian zones, sensitive soils, and clearcutting.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:5 - State Forest Advisory Board.

227-I:5 State Forest Advisory Board. –
The director may appoint a state forest advisory board, the chairperson of which shall be elected annually by the members of the board. The advisory board shall be representative of diverse forest interests and geographic regions of the state and shall advise and assist the director in carrying out the provisions of this chapter. The members shall meet at least semiannually and shall receive such travel expenses as may be made available by state appropriations or other sources and as authorized by the director.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:6 - Forest Resources Inventory and Assessment.

227-I:6 Forest Resources Inventory and Assessment. –
I. The director, under the guidance of the state forest advisory board and within the limits of available financial and other resources, shall undertake an inventory, assessment, and analysis of the forest resources of the state at least every 10 years. Such inventory and assessment, whenever practicable, shall be undertaken in conjunction with the United States Department of Agriculture forest service's forest inventory and analysis of the state.
II. In preparing the inventory and assessment, the director shall:
(a) Solicit the cooperation of and information collected by public agencies and private organizations, federal agencies, regional and local planning organizations, and forest industries. For the purpose of assisting the director in preparing the inventory and assessment or its revisions, the director, in consultation with the state forest advisory board, may appoint such special advisory committees as the director deems necessary. Such committees shall consist of individuals with practical expertise in forest resource fields and shall include representatives of public and private agencies and organizations and of the forest industry and others concerned with the use of forest resources; and
(b) Evaluate the accuracy of existing data required to complete the inventory and assessment and identify high priority needs for completing such database.
III. The director shall prepare an interim report at least every 5 years following an inventory and assessment.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:7 - Elements of the Inventory and Assessment.

227-I:7 Elements of the Inventory and Assessment. –
The inventory shall include, but shall not be limited to, the following:
I. Forestland ownership and management objectives.
II. Quantity and quality of timber and forestland in the state.
III. Efficiency of utilization of forest products.
IV. Contribution to energy needs being made by wood.
V. Status of forest protection.
VI. Status of forest resources and benefits.
VII. A description and evaluation of current public and private forestry programs.
VIII. Evaluation of management status on public and private lands.
IX. Analysis of present and anticipated supply and demand for the various forest resources in the state.
X. Evaluation of forest-related employment and associated economic benefits, including, but not limited to, timber.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:8 - Forest Resources Plan.

227-I:8 Forest Resources Plan. –
Based on the inventory and assessment prepared pursuant to RSA 227-I:6 and RSA 227-I:7, the director, with the advice and assistance of the state forest advisory board and within the limits of available financial and other resources, shall prepare and submit to the governor and the legislature at least every 10 years a comprehensive statewide forest resources plan and at least every 5 years an interim status report and 5-year program that addresses problems and opportunities on all ownerships. Such plan and program shall include, but not be limited to, the following:
I. A discussion of management responsibilities, policy considerations, laws, rules, regulations, and other factors expected to influence and significantly affect the use, ownership, and management of forest resources.
II. A statement of policies regarding management of the forest resources of the state.
III. A description of specific fiscal needs and legislative priorities for promoting both public and private resource management programs in New Hampshire.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:9 - Primary Wood Processing Mills; Wood Concentration Yards; Registration; Penalty.

227-I:9 Primary Wood Processing Mills;  Wood Concentration Yards;  Registration;  Penalty. –
I. In order to protect and develop the state's forest resources, provide for the safety of woodlands from fire in relation to primary wood processing mills, and to respond to forest health threats, such mills and wood concentration yards shall be registered by the director. Primary wood processing mills shall provide the director with information on the locations, owner, type of mill, operating capacity, species, volumes, and state of origin of wood harvested and timber processed, purchased, and sold, and the output of wood and timber products.
II. (a) No person shall operate or cause to be operated any mill processing primary forest products or wood concentration yard unless said mill or wood concentration yard shall be registered by the director.
(b) There shall be an annual mill registration fee of $20 for all mills processing primary forest products or wood concentration yards, regardless of size, type of mill or wood concentration yard, or primary product being processed.
(c) Application for registration shall be made on forms provided by the director, giving the name of owner or owners, and locations of a primary wood processing mill or a wood concentration yard. Primary wood processing mills shall provide the director with information on the products produced, type, capacity, and such other pertinent information as the director may require. One application shall cover a mill complex in a given location involving more than one unit of equipment.
(d) The director shall issue to the applicant a permanent registration number assigned to the mill or wood concentration yard described in the application together with a sign or plate denoting such registration number, to be displayed in a conspicuous place at the mill or wood concentration yard.
III. The director, or duly authorized agent, may, at any time, inspect any primary wood processing mill or wood concentration yard to assure compliance with the provisions of this chapter.
IV. Any person who violates any of the provisions of this section or rules adopted under RSA 541-A shall, for the first 30-day period, be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Each subsequent 30-day period or part thereof shall constitute a separate offense.
Source.
1995, 299:1. 2007, 88:10, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-I - Forest Resources Education, Promotion, and Planning › Section 227-I:10 - Tabulation of Statistics.

227-I:10 Tabulation of Statistics. –
The director shall require each mill registered in a given year to submit, on or before January 31 of the following year, a tabulation by species and volume of primary forest products processed during the preceding calendar year on the basis of the International
1/4 Inch Rule, or its equivalent, or other commonly used basis of measure for products not measurable in board feet. The director shall annually publish a statewide tabulation of these statistics, in addition to other general information about primary wood processing mills derived from registration applications.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:1 - Declaration of Purpose.

227-J:1 Declaration of Purpose. –
It is hereby recognized and declared that the public welfare of this state requires the care and protection of forest cover adjacent to certain waters of the state and along public highways, and the proper disposal of slash and mill residue resulting from forest operations in certain circumstances to help conserve the amount and quality of surface waters and groundwaters of the state; reduce the incidence and severity of forest fires; promote healthful surroundings, recreational opportunities, and scenic values; ensure future forest productivity; improve conditions for wildlife; and provide other benefits to the public as the result of perpetuating a proper forest cover, while continuing to meet the timber needs of forest industries and providing income and employment for our citizens without undue infringement on the rights of private forest landowners.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:2 - Duties and Authority of the Director.

227-J:2 Duties and Authority of the Director. –
I. The director, or the director's authorized agents shall:
(a) Be the primary enforcement agency for this chapter.
(b) Enforce the provisions of RSA 637 insofar as they pertain to the protection and improvement of forestlands.
II. The director or the director's authorized agents may:
(a) For the purpose of performing the duties under this chapter, enter upon all lands in this state, posted or otherwise.
(b) Exercise the powers of arrest pursuant to RSA 227-G:7.
(c) Issue a written cease and desist order against any timber operation in violation of this chapter, with the exception of RSA 227-J:4. Any such violation may be enjoined by the superior court, upon application of the attorney general. A person failing to comply with the cease and desist order shall be guilty of a class A misdemeanor.
(d) Issue cease and desist orders to temporarily suspend logging or other operations in forest areas when the director determines that such actions have resulted in, or are likely to result in, pollution of surface water or groundwater. In such instances, the director shall immediately notify the division of water supply and pollution control, which shall investigate at once. The cease and desist order issued by the director shall remain in force until such time as the division of water supply and pollution control determines whether the action in question constitutes a threat to water supplies.
III. The director may enter into cooperative agreements or memoranda of understanding for the enforcement of the provisions of this chapter.
Source.
1995, 299:1. 2010, 171:3, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:3 - Special Deputy Forest Rangers.

227-J:3 Special Deputy Forest Rangers. –
The director may appoint, as special deputy forest rangers, persons to assist the director in the enforcement of the provisions of this title and any other laws for which the division has enforcement authority, the protection and improvement of forestlands throughout the state, and the protection of persons and property on property owned, leased, or under the control of the department. Such individuals shall be employees of the division and shall have powers and duties exercised only at the discretion of the director. Such appointees shall be allowed, for their services, such compensation as may be fixed by the commissioner and the director, and such compensation shall be deemed an expense of enforcing state forest protection laws and paid by the state.
Source.
1995, 299:1. 2008, 98:1, eff. July 20, 2008.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:4 - Licensed Foresters.

227-J:4 Licensed Foresters. –
It shall be unlawful for any person to practice for compensation or offer to practice for compensation in this state, the profession of forestry, as defined in RSA 310-A:99, II, or to use in connection with a name or otherwise assume, use, or advertise any title or description tending to convey the impression that such person is a forester, unless such person has been duly licensed according to the provisions of RSA 310-A. Failure to comply with these requirements may result in penalties under RSA 310-A.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:5 - Notice of Intent to Cut and Report of Wood Cut.

227-J:5 Notice of Intent to Cut and Report of Wood Cut. –
Pursuant to RSA 79:10 and 11, any owner, as defined in RSA 79:1, II, conducting a cutting operation shall file an intent to cut and a report of wood cut. Pursuant to RSA 79:10, I(e), the intent to cut form as signed or properly noted as being signed by the assessing officials completed in accordance with RSA 79:10, I(c) or the certificate issued by the department of revenue administration shall be posted prior to starting a cutting operation. Failure to comply with these requirements and those contained in RSA 79 may result in penalties to the owner or any other person doing the cutting, or both, under RSA 79.
Source.
1995, 299:1. 1998, 286:1. 2003, 138:5, eff. Jan. 1, 2004. 2023, 117:2, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:6 - Operations in Wetlands.

227-J:6 Operations in Wetlands. –
I. Pursuant to RSA 482-A no person shall excavate, remove, fill, dredge, or construct any structures in or on any bank, flat, marsh, or swamp in and adjacent to any waters of the state without a permit from the department of environmental services. Failure to comply with these requirements may result in penalties under RSA 482-A.
II. Pursuant to RSA 482-A:3, V, persons who have complied with notice of intent to cut wood requirements under RSA 79:10, and who have filed an appropriate notification of forest management activities having minimum wetlands impact with the department of environmental services and the department of natural and cultural resources, shall have satisfied the permitting requirements for minimum impact activities.
III. Pursuant to the rules of the department of environmental services, skid trails, truck roads and culverts, bridges, pole fords, or other crossings on the skid trails or truck roads shall be constructed in accordance with procedures as currently cited in the Best Management Practices for Erosion Control on Timber Harvesting Operations in New Hampshire, published by the department.
Source.
1995, 299:1. 1996, 296:37, eff. Aug. 9, 1996. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:7 - Alteration of Terrain.

227-J:7 Alteration of Terrain. –
I. Pursuant to RSA 485-A:17, any person proposing to dredge, excavate, place fill, mine, transport forest products, or undertake construction in or on the border of the surface waters of the state, and any person proposing to significantly alter the characteristics of the terrain, in such a manner as to impede the natural runoff or create an unnatural runoff shall comply with the provisions of RSA 485-A. Failure to comply with these requirements may result in penalties under RSA 485-A.
II. Permits are obtained by signing the intent to cut form as provided in RSA 485-A:17, III.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:8 - Trespass; Civil Penalty.

227-J:8 Trespass;  Civil Penalty. –
I. No person shall negligently cut, fell, destroy, injure, carry away, or cause to be cut, felled, destroyed, injured, or carried away, any tree, timber, log, wood, pole, underwood, or bark which is on the land of another person, or aid in such actions without the permission of that person or the person's agent.
II. In addition to any other civil or criminal penalty allowed by law, any person who violates the provisions in paragraph I shall forfeit to the person injured no less than 3 and not more than 10 times the market value of every such tree, timber, log, lumber, wood, pole, underwood, or bark cut, felled, destroyed, injured, or carried away.
Source.
1995, 299:1. 1998, 286:2, eff. Jan. 1, 1999. 2021, 7:1, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:8-a - Trespass; Criminal Penalty.

227-J:8-a Trespass;  Criminal Penalty. –
I. No person shall recklessly cut, fell, destroy, injure, carry away, or cause to be cut, felled, destroyed, injured, or carried away, any tree, timber, log, wood, pole, underwood, or bark which is on the land of another person, or aid in such actions without the permission of that person or the person's agent.
II. A person who violates the provisions of paragraph I shall be guilty of a class B felony if the loss, as determined by market value, is greater than $1,000, or a misdemeanor for any other loss.
Source.
1998, 286:3, eff. Jan. 1, 1999. 2017, 164:2, eff. Jan. 1, 2018. 2021, 7:2, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:10 - Care of Slash and Mill Residue; Penalty.

227-J:10 Care of Slash and Mill Residue;  Penalty. –
Whoever pushes over, cuts, saws, or operates on or causes to be pushed over, cut, sawed, or operated on any timber, brush, lumber, or wood shall dispose of the slash and mill residue caused by such action so that slash and mill residue shall not remain:
I. In any stream, river, or brook which normally flows throughout the year or in any other standing body of water, public highway, or active railroad bed.
II. On the property of another, or in a cemetery.
III. Within 25 feet of land of another, or fourth order stream.
IV. Within 50 feet of any great pond, any standing body of water 10 acres or more in area, public highway, or active railroad bed.
V. Within 100 feet of any occupied structure as defined in RSA 635:1, III, including all barns, sheds, and other storage buildings, except a temporary lumber camp.
VI. Disposal of slash and mill residue shall be in such manner that it is disposed of within the area between 50 feet and 150 feet of any great pond, standing body of water 10 acres or more in area, or public highway so it lies on the ground and no part of the slash or residue extends more than 4 feet above the ground.
VII. If more than one of the limitations in paragraphs I-VI on the disposal of slash and mill residue shall be applicable, the most restrictive shall control.
VIII. Any person who pushes over, cuts, saws, or operates on or who causes to be pushed over, cut, sawed, or operated on any such timber, brush, lumber or wood, or any owner of land where cutting is done, shall be guilty of a misdemeanor for each 200 linear feet or fraction thereof of property boundaries, water frontage, public highway, and railroad frontage from which the slash and mill residue is not properly removed or disposed of as provided under RSA 227-J:10, I-VII, within 30 days after such cutting unless an extension is approved by the director. If the person refuses or neglects to properly remove or dispose of the slash or mill residue within the time prescribed, the person shall be guilty of a misdemeanor as provided in this paragraph for each subsequent 30-day period of refusal or neglect to so remove or dispose of such slash or mill residue.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:11 - Prohibition on the Transportation of Coniferous Trees; Penalty.

227-J:11 Prohibition on the Transportation of Coniferous Trees;  Penalty. –
I. During the period from October 1 to December 25, inclusive, no person shall transport at any one time more than 3 coniferous trees, obtained from another, from place to place along any public highway unless the person has available for inspection evidence that the person is the owner of the trees, and can furnish the name, address, and telephone number of the person from whom the trees were obtained.
II. Any person violating the provisions of this section shall be guilty of a violation.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:12 - Mill Logs; Penalty.

227-J:12 Mill Logs;  Penalty. –
I. No person shall knowingly cut out or alter the mark of any mill log, or cut into any lumber or log belonging to another person, without the permission of the owner or the owner's agent.
II. In addition to any other civil or criminal penalty allowed by law, any person who violates the provisions of paragraph I shall forfeit to the person injured 10 times the market value of every such mill log or lumber, cut or altered.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:13 - Damage to Fences.

227-J:13 Damage to Fences. –
Pursuant to RSA 539:3, no person shall knowingly throw down, damage, or leave open any fence, gate or bar belonging to or enclosing land held in common, or belonging to another person, or shall aid in such act, without being subject to the penalties provided in RSA 539:3.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:14 - Administrative Fines.

227-J:14 Administrative Fines. –
I. The director, with the approval of the commissioner and after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of this chapter.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
II. The proceeds of administrative fines levied pursuant to paragraph I shall be deposited by the commissioner into the forest management and protection fund established under RSA 227-G:5, I.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-J - Timber Harvesting › Section 227-J:15 - Deceptive Forestry Business Practices.

227-J:15 Deceptive Forestry Business Practices. –
I. A person is guilty of a class B felony if the loss is greater than $1,000 or otherwise guilty of a misdemeanor who in the course of buying and selling of a forest product, as defined under RSA 227-G:4, VII, recklessly:
(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity as provided under RSA 438; or
(b) Sells, offers, or exposes for sale or delivers less than the represented quantity of any forest product or service; or
(c) Takes or attempts to take more than the represented quantity of any forest product or service when as buyer the person furnishes the weight or measure; or
(d) Sells, offers, or exposes for sale adulterated or mislabeled commodities; or
(e) Does not remunerate the owner of the timber for the value of the forest products pursuant to a written contract; or
(f) Does not furnish the owner, upon written request, with all scale slips to verify the amount of the forest products removed from the owner's property.
II. In this section, "adulterated" means varying from a standard of composition or quality prescribed by any statute providing criminal penalties for such variance, or set by established commercial usage. In this section, "mislabeled" means varying from a standard of truth or disclosure in labeling prescribed by any law providing criminal penalties for such variance, or set by established commercial usage. In this section, "scale slip" means a written or printed form or combination of forms which provide an accurate, readily understandable record containing the species of wood product, board footage of each individual log when the standard unit of measurement is per thousand board feet, or tonnage or cordage when not sold per thousand board feet, gross scale, defect, net scale, date wood was measured, and the name of the party scaling the wood.
III. A person is guilty of a misdemeanor if, in the course of buying or selling a forest product as defined in RSA 227-G:4, VII, he or she recklessly fails to provide a written contract to the owner, prior to the cutting from the owner's property any forest products which are subject to a notice of intent to cut as defined in RSA 79:10. The contract shall be signed by both parties, specify the remuneration for the forest products to be cut, and the time in which remuneration shall be made.
Source.
1995, 299:1. 1998, 286:4. 2003, 43:2. 2007, 88:11, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:1 - Declaration of Purpose.

227-K:1 Declaration of Purpose. –
It is hereby recognized and declared that the public welfare of this state requires monitoring and assessment of the status of changes and long-term trends in the health of the state's forests and the ability to detect and reduce the incidence and severity of forest insect and disease infestations.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:2 - Duties of the Director.

227-K:2 Duties of the Director. –
I. The director shall:
(a) Be responsible for the protection of forests from forest pests in order to reduce and prevent loss of timber resources, enhance the growth and maintenance of forests, conserve forest cover on watersheds, and promote stability of forest-using industries.
(b) Coordinate forest pest control efforts with the commissioner of agriculture and the state entomologist. The director and commissioner of agriculture shall establish and publish an annual work plan outlining these efforts and specifying the responsibilities of each agency.
(c) Coordinate efforts with the federal forest health monitoring program.
(d) Prepare a biennial report summarizing the status of forest health.
II. The director or the director's authorized agents may, for the purpose of performing the duties under this chapter, enter upon all lands in this state, posted or otherwise.
III. The director, in consultation with the commissioner and under the direction of the commissioner of agriculture, markets, and food, or designee, may establish quarantines as specified in the law or under the rules to prevent dissemination of forest pests within the state or into the state that have the potential to cause serious damage to forests.
IV. The director, with the approval of the commissioner and after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter. Rehearings and appeals from a decision of the director under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of this chapter.
(b) Procedures for notice and hearing prior to the imposition of the administrative fine.
V. The proceeds of administrative fines levied pursuant to paragraph IV shall be deposited by the director into the forest management and protection fund established under RSA 227-G:5, I.
Source.
1995, 299:1. 2007, 88:6, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:3 - Designation of Control Areas.

227-K:3 Designation of Control Areas. –
I. The director may publicize information concerning forest insects and diseases.
II. Control areas may be designated upon determination of the director, in consultation with the commissioner, the state entomologist, the commissioner of the department of agriculture, other agencies as necessary, and affected landowners, that an exotic, non-native forest insect or disease poses a significant threat to forests and that there is the potential for localized infestations to spread to adjacent lands. Notification of such designation may be provided as authorized under paragraph I.
III. (a) A landowner within a control area shall carry out such control measures as are ordered by the director, to the extent practical and where proven technology is available, including but not limited to, the removal and destruction of any plants harboring insects or diseases.
(b) If such control measures are not immediately taken by the property owner, the director or authorized agent may remove and destroy infected vegetation from any land within the control area. Cost of actions taken by the state shall be borne by the state.
(c) A landowner's right to appeal a decision by the director under this chapter shall be provided in rules adopted by the commissioner under RSA 541-A.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:4 - Cooperation of Agencies.

227-K:4 Cooperation of Agencies. –
The commissioner and director may cooperate with departments of the federal government, the state department of agriculture, and the agricultural experiment station for the control or eradication of forest insects and diseases in the state generally, and for carrying out such investigations as are deemed advisable by the commissioner.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:5 - Entry on Land.

227-K:5 Entry on Land. –
The director or the director's authorized agents shall have the right to enter upon any public or private property to determine the presence of the fungus disease Cronartium ribicola commonly known as white pine blister rust in any of its stages, and to carry out the necessary eradication measures.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:6 - Planting Currant or Gooseberry Bushes Within Control Area.

227-K:6 Planting Currant or Gooseberry Bushes Within Control Area. –
No person shall plant any currant or gooseberry bush within a control area without the permission of the director.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:7 - Diseased Plants, Etc.

227-K:7 Diseased Plants, Etc. –
Any currant or gooseberry bushes which are found to threaten any white pine trees with Cronartium ribicola are hereby declared to be a public pest, and any such plants may be destroyed by order of the director or the director's authorized agents.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:8 - Obligation of Towns.

227-K:8 Obligation of Towns. –
When, in the opinion of the director and the commissioner of agriculture, markets, and food a necessity exists requiring the destruction of currant and gooseberry bushes in any town, the director or the director's authorized agents may remove or destroy any currant and gooseberry bushes within such town and charge the expense to state appropriations made available for this purpose or in the event state appropriations are not made available or are insufficient for this purpose, charge said expenses to the town; provided, however, that no town shall be required to expend more than $400 in any one year for such control measures. If such order is not complied with, the governor and council may order such town to carry out any control measures specified by the director.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:9 - Expense.

227-K:9 Expense. –
The expenses to the town provided for in RSA 227-K:8 for control measures shall be deemed to be a judgment against the town and the amount shall, without vote of the town, be paid by the selectmen.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:10 - Notice Required.

227-K:10 Notice Required. –
Two weeks prior to removal or destruction of any currant or gooseberry bushes within any town by the director or the director's authorized agents, a written notice shall be given by the director to the selectmen of the town stating the date when, and the location where, operations for such removal or destruction will begin.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:11 - Damages for Destruction of Bushes or Trees.

227-K:11 Damages for Destruction of Bushes or Trees. –
If within any designated control area, bushes or trees other than currants and gooseberries which threaten white pine trees with Cronartium ribicola are designated by the director or the director's agents and destroyed by the director or the director's agent's specific order, the owner may be compensated, the damages to be assessed by the director at not more than the actual value of the material destroyed, and paid to the owner by the state treasurer upon authorization of the commissioner.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:12 - Alternative.

227-K:12 Alternative. –
In lieu of money damages for any trees or bushes destroyed under RSA 227-K:11, the director may offer, and the owner may accept, forest planting stock to be furnished from the state forest nursery.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:14 - Regulation of Entry.

227-K:14 Regulation of Entry. –
The director's authorized agents, under the direction of the director, may prohibit or regulate the entry into the state, or the movement within the state, of any tree, timber, log, wood, pole, underwood, or bark, or the products thereof, which in the agent's judgment may cause the introduction or spread of a dangerous insect or disease. This authority shall not extend to agricultural crops, nurseries, or nursery stock as regulated under RSA 433.
Source.
1995, 299:1. 2007, 88:7, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:15 - Orders.

227-K:15 Orders. –
The director and the commissioner of natural and cultural resources may issue such orders, notifications, and permits as may be necessary to carry out the provisions of RSA 227-K:14.
Source.
1995, 299:1. 2007, 88:8, eff. Aug. 10, 2007. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:16 - Expenses.

227-K:16 Expenses. –
The expenses necessary for carrying out the provisions of this subdivision shall be paid from the appropriation for nursery inspection or other funds of the department of agriculture, markets, and food.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-K - Forest Health › Section 227-K:17 - Prohibitions; Penalty.

227-K:17 Prohibitions;  Penalty. –
I. The following actions are prohibited:
(a) Violating any provisions of a quarantine issued under RSA 227-K:2, III.
(b) Violating any order or failing to obtain a permit issued under RSA 227-K:15.
(c) Selling, offering for sale, giving away, moving or shipping any tree, timber, log, wood, pole, underwood, or bark, or the products thereof into this state, or within this state, knowing or having reason to believe that they may be harboring a forest pest declared as a dangerous insect or disease, or have been exposed to any such pest. This authority shall not extend to agricultural crops, nurseries, or nursery stock as regulated under RSA 433.
II. Any person, or employee or agent of that person, who violates any provision of this section or rule adopted under this chapter shall be guilty of a violation. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1995, 299:1. 2007, 88:9, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-L - Woodland Fire Control › Section 227-L:1 - Declaration of Purpose.

227-L:1 Declaration of Purpose. –
It is hereby recognized and declared that the public welfare of this state requires an efficient and effective statewide forest fire detection and protection program that will prevent control and reduce the incidence and severity of woodland fires through prevention, presuppression and suppression activities.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-L - Woodland Fire Control › Section 227-L:3 - Taking Land.

227-L:3 Taking Land. –
If sites or rights of way necessary for the maintenance and effective operation of forest fire towers, fire trails, or lines cannot be acquired by gift or purchase, the department shall have the right to acquire the same under the power of eminent domain, and the value shall be determined as provided in RSA 227-H:3, II.
Source.
1995, 299:1. 2010, 108:5, eff. July 31, 2010.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-L - Woodland Fire Control › Section 227-L:4 - Forest Fire Personnel.

227-L:4 Forest Fire Personnel. –
The commissioner, upon the recommendation of the director, shall appoint such field and office personnel and such other assistants as the state woodland fire control program may warrant.
Source.
1995, 299:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-L - Woodland Fire Control › Section 227-L:5 - Cooperation in Forest Fire Protection.

227-L:5 Cooperation in Forest Fire Protection. –
I. The director, with the approval of the commissioner and the governor and council, may enter into an agreement with other states, Canadian provinces, or the federal government, or any combination of them, to exchange assistance in the control of forest fires and to train personnel. Any state employee assigned to fire control duties or training programs outside this state under such an agreement shall be deemed to be working within this state for the purposes of compensation and other employee benefits.
II. In this section, the term "employee" means any appointee, volunteer, or auxiliary member of a fire department, legally included within the firefighting forces of this state.
Source.
1995, 299:1, eff. Jan. 1, 1996.