TITLE XIX
PUBLIC RECREATION

Chapter 227-D
MONADNOCK ADVISORY COMMISSION

Section 227-D:1

227-D:1 Declaration of Policy and Purpose. – The general court declares that Mount Monadnock located in the towns of Dublin, Jaffrey, and Marlborough, Gap Mountain in Troy, and Little Monadnock Mountain in Fitzwilliam constitute a unique geographical attraction which brings thousands of visitors to the state each year and requires supervision and planning by the state of New Hampshire. It has been established that there is a great need for the state to take jurisdiction over the lands of Mount Monadnock which are presently open to the public in order that these unique highlands can be preserved from the ravages of overuse.

Source. 1975, 432:1. 1990, 258:2, eff. June 27, 1990.

Section 227-D:2

227-D:2 Agreements for Management and Supervision of Land. – The department of natural and cultural resources is hereby authorized and directed to negotiate agreements with the Society for the Protection of New Hampshire Forests, the towns involved, and others, by which such lands shall be managed and supervised by department personnel. Such agreements shall include, but are not limited to, provisions for the exercise of enforcement powers vested in department personnel on such lands; timber cutting; trail location and maintenance; search and rescue operations; public liability; restrictive uses such as camping; and all other aspects of operating said lands for public recreational uses consistent with the natural environment.

Source. 1975, 432:1. 1990, 258:3, eff. June 27, 1990. 2017, 156:14, I, eff. July 1, 2017.

Section 227-D:3

227-D:3 Tax Exemption. – The land presently owned by the Society for the Protection of New Hampshire Forests on Gap mountain in Troy shall hereafter be exempt from local property taxes normally imposed by the town of Troy so long as the Society and the state of New Hampshire as lessee of the Society for the Protection of New Hampshire Forests shall use said lands for recreational, wildlife, open space and forestry purposes only. Any leases adopted under this section shall not preclude the department of natural and cultural resources from charging fees for the use of lands specified in this section.

Source. 1975, 432:1, eff. July 1, 1975. 2017, 156:14, I, eff. July 1, 2017.

Section 227-D:4

227-D:4 Advisory Commission. – There is established a Monadnock advisory commission which shall recommend policies affecting the recreational use of Mount Monadnock and Gap Mountain. Such commission shall consist of 2 members from each town of Dublin, Jaffrey, Marlborough, Fitzwilliam, and Troy, the director of the division of parks and recreation, the director of the division of forests and lands, and the president/forester of the Society for the Protection of New Hampshire Forests or their designees. The town members shall be selected by the towns, for a term of 3 years, either by appointment by the selectmen or by the annual town meeting, as determined by the commission. Vacancies shall be filled by the selectmen for the unexpired term. The director of the division of parks and recreation shall make available to the commission such support as shall be necessary for the commission to discharge its responsibilities.

Source. 1975, 432:1. 1990, 258:4, eff. June 27, 1990.

Section 227-D:5

227-D:5 Powers of the Commission. –
The Monadnock advisory commission shall:
I. Guide the department of natural and cultural resources planning efforts to ensure that the growing popularity of Mount Monadnock not be allowed to compromise the integrity of this national natural landmark and its visitors' experiences.
II. Assist the department in the formulation and adoption of a long-range plan to ensure that the recreational and educational benefits of Mount Monadnock, Little Monadnock, and Gap Mountain will be developed so as to assure their perpetual availability.
III. Recommend specific management policies and practices to control use of the resources of Mount Monadnock, Little Monadnock, and Gap Mountain under the jurisdiction of the department.
IV. Assist the department in acquiring lands and rights in land, to ensure a consistent management over these lands and their connecting trail corridors.
V. Meet at least annually, with a quorum of at least 8 members, to conduct any business relevant to the purposes of this chapter.
VI. Meet at least annually with the commissioner of the department of resources and economic development and report annually to the commissioner on its activities in support of this chapter; its recommendations for acquisitions, easements, and landowner agreements; and any threats to the integrity of these lands and to their enjoyment by the public.
VII. Issue an annual report to the member communities.

Source. 1975, 432:1. 1990, 258:4, eff. June 27, 1990. 2017, 156:14, I, eff. July 1, 2017.

Section 227-D:5-a

227-D:5-a Acceptance of Gifts. – The commission may accept any gifts, donations, or grants from any source whatsoever, provided said gifts, donations, or grants so received shall be used exclusively to further the purposes of this chapter.

Source. 1999, 8:1, eff. June 4, 1999.

Section 227-D:5-b

227-D:5-b District Legal Existence. – In order to establish the tax exempt status of the Monadnock advisory commission established under this chapter, such advisory commission is deemed to be a governmental instrumentality having a distinct legal existence separate from the state and shall not be considered as a department of state government. The exercise by the advisory commission of any authority granted by this section shall be deemed to be the performance of public and essential governmental functions not otherwise fulfilled by state government.