TITLE XIX
PUBLIC RECREATION

CHAPTER 227-C
HISTORIC PRESERVATION

Preservation of State Historic Resources

Section 227-C:12

    227-C:12 Exemptions and Limitations. –
I. Notwithstanding any provision of this subdivision to the contrary, any person who, prior to the effective date of this subdivision, has acquired historic resources from state lands or waters, which include items commonly known as antiques, may continue to possess or market such items as antiques.
II. Treasure hunting with metal detectors and dowsing rods is exempted from the restrictions of this subdivision on the following lands owned or controlled by the state, its agencies, departments, commissions, and institutions, unless an historic resource on such land has been recorded and restrictions are posted:
(a) Beaches;
(b) Athletic fields;
(c) School grounds;
(d) Perimeters of cemeteries;
(e) Unpaved roads;
(f) Within 25 feet of picnic tables and park pavilions; and
(g) Currently used dumps.
III. No power is conferred by this subdivision upon any official, commission, or other agency of state or local government to close any body of water or portion thereof, or access thereto, on a temporary or permanent basis, to recreational diving, recreational or commercial fishing, scallop dragging, recreational or commercial boating, or lobstering.
IV. Paper documents; photographic positives and negatives; microforms, including microfilms, microfiche, microcard, and microprint; and reel to reel, cassette, or cartridge tape recordings and magnetic tapes of information storage which qualify as historic resources under RSA 227-C:1, VII, other than documentation of a field investigation, are exempt from the provisions of RSA 227-C. The responsibility to preserve, arrange, index, and allow access to these historic resources shall remain with the department of state, division of archives and records management.

Source. RSA 227-C:19. 1981, 504:5. 1985, 345:3. 2003, 97:4, eff. Aug. 5, 2003.