N.H. Admin. Code § Fis 902.03

Current through Register No. 50, December 12, 2024

Section Fis 902.03 - Special Use Permits

(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.

N.H. Admin. Code § Fis 902.03

#10262, eff 1-29-13

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12118, Effective 2/24/2017, Expires 2/24/2027.