TITLE XIX-A
FORESTRY

Chapter 227-K
FOREST HEALTH

Section 227-K:1

    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.

Section 227-K:2

    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.

Section 227-K:3

    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.

Section 227-K:4

    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.

White Pine Blister Rust Control Areas

Section 227-K:5

    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.

Section 227-K:6

    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.

Section 227-K:7

    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.

Section 227-K:8

    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.

Section 227-K:9

    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.

Section 227-K:10

    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.

Section 227-K:11

    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.

Section 227-K:12

    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.

Nursery Inspection

Section 227-K:13

    227-K:13 Repealed by 2007, 88:12, eff. Aug. 10, 2007. –

Section 227-K:14

    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.

Section 227-K:15

    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.

Section 227-K:16

    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.

Section 227-K:17

    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.