Res 7300

CHAPTER Res 7300 PARKS AND RECREATION

Statutory Authority: RSA 12-A:2-c

PART Res 7301 RULES RELATING TO ALL PARKS AND DRED PROPERTIES

Res 7301.01 Applicability. The provisions of Res 7301 shall apply to all department of resources and economic development (DRED) properties listed in Res 101.06.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7301.02 Definitions.

(a) “Animal” means any domestic animal kept for pleasure, comfort or both rather than utility.

(b) “Authorized DRED personnel” means the commissioner, director, supervisor of park operations, park manager, or regional supervisor authorized to make decisions on behalf of the division of parks and recreation.

(d) “Director” means the director of the division of parks and recreation.

(e) “Motor vehicle” means “motor vehicle” as defined in RSA 259:60, I, namely “except where otherwise specified in this title, any self-propelled vehicle not operated exclusively on stationary tracks, including ski area vehicles.”

(f) “Operating hours” means the times during a day when most park facilities are open for public use and a service charge, fee, or both is collected where applicable.

(g) “Operating season” means a period of the year when most park facilities are open for public use and a service charge, fee, or both is collected where applicable.

(h) “Park manager” means the manager of a park or recreation area of the division of parks and recreation.

(i) “Regional supervisor” means the supervisor of a region of parks or recreation areas of the division of parks and recreation.

(j) “Service animal” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling wheelchair, or fetching dropped items.

(k) “Supervisor of park operations” means the supervisor of park operations of the division of parks and recreation.

(l) “Youth groups” means groups of children up to high school age including but not limited to, boy scouts, girl scouts, 4-H, school groups, church groups, children’s camps, and community recreation programs.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7301.03 Authority of DRED Personnel. Persons shall obey all requests made by authorized DRED personnel in matters of public interest, public safety, or resources protection.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7301.08)

Res 7301.04 Violations. Any person violating any rule contained in this chapter shall be evicted from the property and shall be guilty of a misdemeanor.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7301.05 Protection of Natural Features. No person shall remove or damage any structure, plant, marine life, or natural feature on DRED properties.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7301.03)

Res 7301.06 Protection of Historic Resources. No person shall remove or damage any historic property or historic and cultural resource on DRED properties without the permission of the director and the concurrence by the department of cultural resources, division of historical resources.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7301.07 Restrictions in Public Use.

(a) State parks and recreation areas shall be open for use unless closed by posting.

(b) State parks and recreation areas shall be closed or restricted by authorized DRED personnel if:

(1) A governmental subdivision requests the department to close a specific park at a time which the department deems reasonable;

(2) There is a need to reduce vandalism;

(3) There is a concern for public safety; or

(4) There is any other reason to protect the natural or other features, and resources of the park.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7301.08 Animals.

(a) Large domesticated animals traditionally associated with agriculture including but not limited to, cattle, sheep or swine, and wildlife raised in captivity shall not be permitted in state parks unless otherwise stated in this section or if permission has been granted by special use permit pursuant to Res 7306.

(b) Service animals shall be exempt from all prohibitions in this section.

(c) Each animal shall be on a leash, under the control of their handlers, and shall not be left unattended in any vehicle, camper, carrier or enclosure at any time while in a state park.

(d) Animal owners shall clean up waste eliminated by their animal or animals from public traffic areas, such as trails and walkways, play areas and fields, campgrounds, and parking lots.

(e) Animals shall be permitted in areas prohibited in this section after seasonal park closings and prior to seasonal park openings, unless otherwise posted.

(f) Animals shall be permitted on DRED properties except as listed in this section:

(1) Animals shall not be permitted at state coastal and freshwater beaches, established picnic shelters, and historic sites;

(2) In Bear Brook, animals shall not be permitted except at the campground and hiking trails;

(3) In Chesterfield Gorge, animals shall not be permitted except at the designated dog walk area;

(4) In Crawford Notch, animals shall not be permitted except at the campground and the designated dog walk area at the Willey site;

(5) In Franconia Notch, animals shall not be permitted except at the designated dog walk area;

(6) In Greenfield, animals shall not be permitted except at designated sections of the campground;

(7) In Monadnock, animals shall not be permitted year round;

(8) In Mount Sunapee, animals shall not be permitted except at the campground. During the arts and crafts festival, pets shall not be permitted at the main park and ski area;

(9) In Odiorne, animals shall not be permitted year round;

(10) In Pawtuckaway, animals shall not be permitted at the campground;

(11) In Rhododendron, animals shall not be permitted except at the parking area and trail access to and on Little Monadnock Mountain trail;

(12) In Wellington, animals shall not be permitted except at the access area at the state boat launch; and

(13) In White Lake, animals shall not be permitted.

(g) Dogs used for hunting shall be permitted in park areas off leash and under the control of their handlers during hunting season unless animals are not permitted in the park year round. Dogs used for hunting shall be on a leash in areas where the public congregates, such as parking and trailhead areas, picnic areas, and while on established hiking trails.

(h) Sled dog teams shall be permitted on park roads, parking areas and multi-use trails when posted as an allowable use.

(i) If an animal becomes objectionable to other park patrons, the owner of the animal shall remove the animal from the park.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7301.10)

Res 7301.09 Horses and Other Animals.

(a) Horses and other animals used for riding or driving, except for animals regulated by Res 7301.08, shall not be permitted in state parks except at designated areas.

(b) Horses shall be permitted at Hampton Beach from October 1 through April 30.

(d) Horseback riding shall be permitted on all road-width, blazed trails unless closed by posting.

(e) Driving of any animal-drawn vehicle shall not be permitted, unless permission has been granted by special use permit pursuant to Res 7306.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7301.10 Firearms. No person shall use firearms within 300 feet of a developed recreation area or occupied building, or within 300 feet of trails or roads.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7301.05)

Res 7301.11 Hunting.

(a) Hunting shall not be permitted at all state historic sites, the Urban Forestry Center, Odiorne Point state park, Opechee Bay state forest and Shieling state forest.

(b) At Bear Brook, hunting in the area known as the reservation east of Podunk Road shall be limited to bow and arrow.

(c) Portable tree stands shall be permitted for the purpose of hunting, provided that they are temporarily installed without driving nails or inserting other devices permanently into a tree and that they are removed without damage to any vegetation. The tree stand shall be stamped into or attached with a durable waterproof tag with the name, address and telephone number of the user in legible form.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7301.12 Games. Ball playing, horseshoes, and other games requiring a defined playing area shall be permitted in designated areas.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7301.06)

Res 7301.13 Soliciting. No person shall conduct commercial activity and canvassing on DRED properties unless permission has been granted by special use permit pursuant to Res 7306.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7301.07)

Res 7301.14 Fires.

(a) Fires shall be permitted only in places provided or designated for that purpose, or as posted.

(b) Portable grills shall be permitted, provided that the park or beach area has places provided or designated for use of grills and that the ash and unused charcoal are emptied only into unused fireplaces or receptacles provided for that purpose.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7301.11)

Res 7301.15 Littering and Sanitation.

(a) No person shall dispose of garbage, sewage, trash, debris or any other refuse or waste material of any kind on DRED properties except in campgrounds, concession areas, and at the Hampton Seashell complex where places and receptacles are provided for such purposes.

(b) State parks and recreation areas shall be carry in and carry out. For the purposes of this rule, carry in and carry out means that persons visiting a state park or recreation area shall take any trash generated by them with them upon their departure.

Source. #8532, eff 1-1-06 (from Res 7301.12)

Res 7301.16 Motor Vehicles.

(a) Motor vehicles shall only be used on roads and parking areas as indicated and conform to all applicable motor vehicle laws and rules, and posted directional and advisory signs.

(b) Abandoned vehicles left for more than 24 hours without permission being given by authorized DRED personnel, shall be subject to towing at the owner’s expense.

Source. #8532, eff 1-1-06

Res 7301.17 Boats. No person shall leave a boat unattended on any DRED properties or adjacent waters, except at occupied camp sites and designated boat storage facilities.

Source. #8532, eff 1-1-06 (from Res 7301.13)

Res 7301.18 Permitted Use on Trails. Trails shall be signed for each permitted use, except as allowed at Connecticut Lakes Headwaters Property.

Source. #8532, eff 1-1-06

Res 7301.19 Metal Detectors.

(a) Metal detectors shall be permitted along the shoreline of state park beaches and at athletic fields, playgrounds, and 25 feet from picnic tables and pavilions, unless otherwise posted.

(b) No person shall use metal detectors at state historic sites, including Odiorne Point state park.

Source. #8532, eff 1-1-06 (from Res 7301.09)

Res 7301.20 Digging.

(a) Digging shall be permitted on sand beaches with all resulting holes completely filled in. Digging holes to a depth greater than 12 inches shall not be permitted.

(b) Digging and other ground disturbances shall not be permitted at state parks and historic sites except as permitted by the director with concurrence of the department of cultural resources, division of historical resources.

Source. #8532, eff 1-1-06

Res 7301.21 Mineral Collecting.

(a) Mineral exploration and collecting using mechanized equipment or hand tools shall not be permitted on DRED properties, unless permission has been granted by special use permit pursuant to Res 7306.

(b) Mineral exploration and collecting shall not be permitted at geologic sites, natural preserves, historic sites, or at elevations above tree line.

Source. #8532, eff 1-1-06

Res 7301.22 Constructing or Erecting Structures. No person shall construct or erect any structure, such as but not limited to rope swings, diving platforms, or permanent tree stands or blinds, unless permission has been granted by special use permit pursuant to Res 7306.

Source. #8532, eff 1-1-06

Res 7301.23 Youth Groups.

(a) A youth group leader or organizer shall contact the park manager and request permission for admittance to any state park property during the park’s operating season at least 7 days prior to the intended visit for day-use and 30 days prior to the intended visit for overnight.

(b) Organized youth groups shall be admitted to a state park property if the park manager determines:

(1) There is space available at the park; and

(2) The youth group will not interfere with other park patrons.

(c) A youth group service charge and per person fee shall be collected for admittance to a state park that collects fees. Service charges and fees are established in accordance with RSA 216-A:3-g.

(d) The minimum size of a youth group shall be 10, except at Mount Sunapee campground where the minimum size of a youth group shall be 8.

(e) The leader to youth ratio shall be one adult leader for every 8 youths for day-use areas and one adult for every 4 youths for overnight areas.

Source. #8532, eff 1-1-06

Res 7301.24 Fireworks. No person shall use fireworks on any DRED property unless permission has been granted by special use permit pursuant to Res 7306.

Source. #8532, eff 1-1-06

PART Res 7302 USE OF CAMPGROUNDS

Res 7302.01 Applicability. The provisions of Res 7302 shall apply to all DRED properties listed in Res 101.06.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7303.01)

Res 7302.02 Camping Reservations.

(a) Reservations for camping shall be made by contacting the camping reservation office and providing the following:

(1) The camper's name;

(2) The camper's vehicle registration number(s);

(3) The camper's mailing address;

(4) The camper's telephone number;

(5) The total number of campers in the group;

(6) The total number of campers under age 18;

(7) The number of nights they are going to camp; and

(8) The method of payment.

(b) Campsites shall not be registered to persons under age 18.

(d) At RV campgrounds, the maximum number of persons registered to a campsite shall not exceed the number of persons the camping vehicle is designed to sleep.

(e) No person shall camp on DRED properties except in designated campsites.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7303.02)

Res 7302.03 Camping Permits.

(a) Campers with camping reservations shall register with the park employee or campground host to obtain a camping permit. Identification shall be required as proof of the reservation. A camper’s failure to register with the park employee or campground host within 24 hours of scheduled check-in shall forfeit the camping reservation.

(b) Camping permits shall be displayed from the vehicle’s rearview mirror while in the campground. Permits shall be returned to park staff upon checkout.

(c) Camping permits shall have a maximum duration of 14 consecutive days at all campgrounds unless extended pursuant to paragraph (d). Hampton Beach and Ellacoya RV parks shall have a maximum duration of 14 consecutive or accumulative days from Memorial Day weekend to Labor Day weekend for any person or camping vehicle with no extensions.

(d) Camping permits shall not be extended unless the campground has less than a 60% occupancy rate. At such times, upon request, permits shall be extended by an additional maximum duration of 14 days.

(e) Camping permit fees shall be non‑refundable and non‑transferable.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7303.04)

Res 7302.04 Campers.

(a) Campers shall not make noise loud enough to disturb other campers between the hours of 10:00 P.M. and 7:00 A.M.

(b) Campers shall have all fires extinguished by 11:30 P.M.

(d) Persons visiting campers shall be registered for campground day-use.

(e) Any visitor staying overnight shall be registered for each night of their stay.

(f) Campers shall not leave campsites unattended overnight without notifying park personnel in advance.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7303.03)

PART Res 7303 USE OF WATERFRONT PARKS

Res 7303.01 Applicability. The provisions of Res 7303 shall apply to all DRED properties listed in Res 101.06.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7303.02 Swimming. No person shall swim at any DRED property except in areas designated by lifelines.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7304.01)

Res 7303.03 Glass Bottles. No person shall have glass bottles on any beach.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7304.02)

Res 7303.04 Fires. No person shall have fires or portable grills on any beach.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7304.03)

Res 7303.05 Swimming and Floatation Equipment.

(a) No person shall use oars, paddles, electric motors or other propulsion devices used to propel inflatables or other floatation equipment in designated swimming areas.

(b) No person shall use boats, canoes, kayaks, and other watercraft in designated swimming areas.

(c) No person shall use boats, inflatables and other floatation equipment, and skim, boogie or surfboards in Archery Pond in Bear Brook.

Source. #8532, eff 1-1-06 (from Res 7304.04)

Res 7303.06 Digging. No person shall dig holes on sand beaches unless all resulting holes are completely filled in.

Source. #8532, eff 1-1-06

Res 7303.07 Scuba Diving. No person shall scuba dive in designated swimming areas and in Archery Pond in Bear Brook.

Source. #8532, eff 1-1-06 (from Res 7304.05)

Res 7303.08 Swimming Instruction and Handicapped Swimming Programs.

(a) Any non-profit community group such as the Red Cross, YMCA, YWCA or local recreation department shall be eligible to sponsor swimming classes and handicapped swimming programs at a state park by submitting a request to the director on the organization's letterhead.

(b) The organization’s request shall be approved if the director determines:

(1) The program is open to the general public; and

(2) There is space available at the facility requested for use.

(c) If the director does not approve a request pursuant to (b) above, the director shall notify the organization in writing of the specific reasons for denial.

(d) If the director approves a request, the swimming program director or instructor shall contact the park manager and receive approval of the swimming lesson schedule and a location for the swimming program prior to beginning any lessons.

(e) The sponsoring organization shall provide signage stating that the designated area is reserved for swimming lessons only and lifelines to indicate the swimming program area. All signs and lifelines shall be removed when lessons are not being conducted.

(f) The swimming program director, instructors, or both shall be responsible for supervision of the program’s students. Their authority shall not supersede that of the park manager or lifeguard(s).

(g) The instructor and instructor’s aide to student ratio shall be one instructor for every 12 students.

(h) All swimming and use of related equipment shall be under the direct supervision of the instructor or instructor’s aide and shall be removed from the park each day unless other arrangements have been made with the park manager.

(i) The swimming program director, instructor, or both shall be responsible for the daily removal of trash from the designated program area.

Source. #8532, eff 1-1-06 (from Res 7304.06)

Res 7303.09 Seacoast Parks and Beaches.

(a) In addition to all other rules in Res 7303, this section shall apply to only Hampton Beach, Hampton Beach state park, North Beach, North Hampton Beach, Jenness Beach and Wallis Sands state park.

(b) Alcoholic beverages shall not be permitted.

(d) The beaches shall be closed to the public between the hours of 1:00 A.M. and sunrise.

(e) The department shall collect a parking violation fine pursuant to RSA 216:3, I for parking violations, consisting of any of the following:

(1) Exceeding the vehicle length limit of 20 feet in a metered or leased parking space;

(2) Parking at an expired meter; or

(3) Parking illegally in:

a. A leased parking space;

b. A reserved parking space;

c. A no parking zone;

d. A pedestrian crosswalk; or

e. A handicapped parking space.

(f) Additional parking violation fines shall be issued for each meter overtime period or continued violation.

(g) Motor vehicles illegally parked as described in Res 7303.09(e)(3) above shall be subject to towing at the owner's expense.

(h) Inflatables and other floatation equipment, life jackets, swim fins, face masks, diving goggles, and snorkel tubes shall not be permitted.

(i) Skim boards shall not be permitted. For the purposes of this rule, skim board means a thin, flat, round or rectangular board used to ride over shallow water into oncoming waves close to the shoreline.

(j) Boogie boards shall be permitted. All boogie boards shall be equipped with a retention strap or other device to prevent the boogie board from being separated from the user. Said device shall be utilized at all times. For the purposes of this rule, boogie board means a short, lightweight surfboard used to ride waves to the shoreline.

(k) Surfing and surfboards shall not be permitted except at designated areas at North Beach. All surfboards shall be equipped with a safety harness or other device to prevent a surfboard from being separated from the user. Said device shall be utilized at all times.

Source. #8532, eff 1-1-06 (from Res 7304.07)

PART Res 7304 USE OF THE STATE OPERATED SKI AREA

Res 7304.01 Applicability. In addition to all other rules in Res 7303, this part shall apply to only Franconia Notch state park.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7304.02 Trail Use Limitations. The public shall not use sleds, toboggans, saucers and similar equipment except snow tubes, or motor propelled devices on trails, both cross country and downhill, or slopes unless permission has been granted by special use permit pursuant to Res 7306.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06, (from Res 7305.01)

Res 7304.03 Ski Lifts.

(a) Persons waiting to board chairlifts shall maintain orderly lines and shall board the lift on a first come first serve basis.

(b) Children being carried and non‑skiers shall not be permitted on any chairlift except the Cannon Mountain aerial tramway.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7305.02)

Res 7304.04 Ski Equipment.

(a) Persons with ski and snowboard equipment that is defective or who have ski equipment that a ski shop has refused to service shall not be permitted on slopes or lifts.

(b) All skis shall be equipped with retention straps or other devices to prevent runaway skis.

(d) All snow tube equipment used in state operated ski areas shall be provided by the state park.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7305.03)

Res 7304.05 Personal Belongings. Clothing and other personal belongings shall only be left in designated areas and at the owner’s own risk and shall not be the responsibility of the department.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7305.04)

Res 7304.06 Alcoholic Beverages. Alcoholic beverages shall be permitted only in buildings and areas designated for consumption and sale. Alcoholic beverages obtained from other than the designated sales area within the building shall not be displayed or consumed.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7305.06)

Res 7304.07 Ski Tickets. Day-use and season ski tickets shall not be transferred, subject to refund, or resold. Purchase of a ski ticket shall allow only the original purchaser to use the facilities.

Source. #6167 eff 1-18-96; ss by #6755, eff 5-21-98, ss by #8532, eff 1-1-06 (from Res 7305.05)

Res 7304.08 Reckless Conduct.

(a) No person shall act in a manner which might cause or contribute to the injury of himself or others. At any time, if a park manager determines that an individual is skiing or riding in such a manner, the park manager shall immediately suspend a day-use or season ski ticket pursuant to RSA 541-A:30, III.

(b) If a day-use or season ski ticket is suspended pursuant to (a) above, the department shall hold an adjudicative hearing not later than 10 working days from the date of suspension. The hearing shall be held in accordance with the provisions of Res 200.

(c) Should a day-use or season ski ticket be suspended pursuant to (a) above, the day-use or season ski ticket fee shall be retained by the department.

Source. #8532, eff 1-1-06, (from Res 7305.07)

PART Res 7305 USE OF FRANCONIA NOTCH RECREATIONAL TRAIL - SPRING, SUMMER AND FALL SEASONS

Res 7305.01 Applicability. In addition to all other rules in Res 7303, this part shall apply to only Franconia Notch state park.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM , eff 7-27-04, EXPIRES: 1-23-05

New. #8532, eff 1-1-06 (from Res 7305.06)

Res 7305.02 Trail Use Limitations. No person shall use the following equipment on the Franconia Notch recreational trail:

(a) Skateboards;

(b) Roller skates or roller skis;

(d) Motorized bicycles.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7306.01)

Res 7305.03 Motor Vehicle Use. No person shall operate a motor vehicle on the Franconia Notch recreational trail during the spring, summer or fall seasons except for maintenance and enforcement vehicles operated by personnel in the performance of their duties.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM , eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7306.02)

Res 7305.04 Limits. The following shall apply to all users when utilizing the Franconia Notch recreational trail:

(a) A person operating a bicycle shall not exceed 20 mph at any time;

(b) No person operating a bicycle shall exceed the speed of any person walking in a designated walking speed zone;

(d) No person shall operate a bicycle between ½ hour after sunset and ½ hour before sunrise; and

(e) No person shall operate a bicycle when that trail is closed by the park manager for maintenance reasons.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, eff 7-27-04, EXPIRED: 1-23-05; ss by #8532, eff 1-1-06 (from 7306.03)

Res 7305.05 Trail Uses Not Permitted.

(a) No person shall obstruct other users of the trail.

(b) Foot and bicycle racing shall not be permitted on the Franconia Notch recreational trail, unless permission has been granted by special use permit pursuant to Res 7306.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06 (from Res 7306.04)

PART Res 7306 RULES RELATING TO SPECIAL USE PERMITS

Res 7306.01 Special Use Permit Required. A special use permit shall be required for the following uses of DRED properties:

(a) Holding organized or special events which go beyond routine recreational activities;

(b) Use of a park, park buildings or park facilities for a length of time;

(d) Any event taking place during non-operating hours;

(e) Any event which requires park staff to provide services other than services for routine park operations;

(f) Any organized event at which the organizer or their agent is either selling or serving alcohol; or

(g) Any organized event at which the organizer or their agent is conducting for commercial purposes, including fundraising and charity events.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7306.02 Permission for Special Use Permit. Permission from the director shall be required for a special use permit. At least 30 days prior to an event, an individual or group shall apply for and receive permission for a special use permit by completing and submitting a special use permit application, as described in Res 7306.03.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New.. #8532, eff 1-1-06

Res 7306.03 Special Use Permit Application.

(a) An applicant shall supply on a special use permit application the following information:

(1) Name, address, telephone number and email address of the individual or group;

(2) Name of park and the facility or area within the park where the event will be held; and

(3) Type of event, number of guests, date and time of event, and a brief description of the event, including any special considerations.

(b) All information shall be legible.

(1) Proof of insurance that indicates the state of New Hampshire as additionally insured;

(2) Proof of insurance for other event participant(s) that indicates the state of New Hampshire as additionally insured, if applicable; and

(3) Any federal, state, or local permits and licenses, if applicable.

(d) The applicant shall:

(1) Sign and date the application; and

(2) Certify by his or her signature agreement to the use of park buildings, facilities, and specified areas as required by Res 7306.05.

(e) The applicant shall include the permit fee, as established in accordance with RSA 216-A:3-g, I. If payment is by check or money order it shall be made payable to “treasurer, state of New Hampshire.”

(f) The applicant shall mail or hand-deliver the completed application and attachment(s) to:

Department of Resources and Economic Development

Division of Parks and Recreation

172 Pembroke Road

P.O. Box 1856

Concord, NH 03302-1856

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7306.04 Review of Special Use Permit Application.

(a) The director shall approve an application for a special use permit if the application is complete, the applicant has complied with the requirements of Res 7306.03 (c) and (e), and the application was received at least 30 days prior to the event or use.

(b) If the director approves an application for a special use permit pursuant to (a) above, the director shall:

(1) Forward the applicant one completely executed copy of the special use permit; or

(2) Forward the application to the commissioner, and the governor and executive council for approval, if applicable;

(3) Upon approval by the commissioner, and the governor and executive council, forward the applicant one completely executed copy of the special use permit; and

(4) In the event an application is denied by the commissioner, or the governor and executive council, notify the applicant in writing and specify reasons for denial if any is given by the commissioner, or the governor and executive council.

(c) If the director does not approve an application for special use permit, the director shall notify the applicant in writing of the specific reasons for denial.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7306.05 Use of Park Buildings, Facilities, and Specified Areas.

(a) Only the park building(s), facilities, or specified area(s) of the park identified in the special use permit shall be used for the event.

(b) Hours of the event shall be limited to the time authorized by the special use permit.

(c) For verification purposes, a copy of the special use permit shall be presented to the park manager or other authorized DRED personnel on the day of the event.

(d) The event and all event activities shall not adversely impact use of the park by other park patrons.

(e) Signs, postings, decorations and setup for the event shall be subject to the approval of the park manager.

(f) Event attendees shall park in designated areas identified by the park manager or other authorized DRED personnel.

(g) All buildings, facilities or park areas used for the event shall be restored to the same condition in which it was originally found.

(h) Supervision of the event shall be the responsibility of the individual or group identified by the special use permit.

Source. #6167 eff 1-18-96, EXPIRED: 1-18-04

New. #8127, INTERIM, eff 7-27-04, EXPIRED: 1-23-05

New. #8532, eff 1-1-06

Res 7306.06 Permit Suspension.

(a) At any time, if a park manager determines that an event is causing environmental or property damage, or endangering public health, safety or welfare, the park manager shall immediately suspend a special use permit pursuant to RSA 541-A:30, III.

(b) If any special use permit issued pursuant to this part is suspended pursuant to (a) above, the department shall hold an adjudicative hearing not later than 10 working days from the date of suspension. The hearing shall be held in accordance with the provisions of Res 200.

Source. #8532, eff 1-1-06

APPENDIX

Rule	State or Federal Statute which the Rule is Intended to Implement

Res 7301.01	RSA 12-A:2-c, II (a)
Res 7301.02	RSA 541-A:7
Res 7301.03	RSA 12-A:2-c, II (a)
Res 7301.04	RSA 12-A:2-c, II (a) and III
Res 7301.05 through Res 7301.13	RSA 12-A:2-c, II (a)
Res 7301.14	RSA 12-A:2-c, II (a) RSA 216-I:9, IV
Res 7301.15	RSA 12-A:2-c, II (a)
Res 7301.16	RSA 12-A:2-c, II (a) and (b)
Res 7301.17 through Res 7301.24	RSA 12-A:2-c, II (a)
Res 7302.01	RSA 12-A:2-c, II (a)
Res 7302.02 and Res 7302.04	RSA 12-A:2-c, II (a) RSA 216-I:5
Res 7303.01 through Res 7303.08	RSA 12-A:2-c, II (a)
Res 7303.09	RSA 12-A:2-c, II (a) and (b) RSA 216:3, I RSA 216-A:3-g
Res 7304.01 through Res 7304.07	RSA 12-A:2-c, II (a)
Res 7304.08	RSA 12-A:2-c, II (a) RSA 225-A:24, III RSA 541-A:30, III
Res 7305.01 and Res 7305.02	RSA 12-A:2-c, II (a)
Res 7305.03	RSA 12-A:2-c, II (a) and (b)
Res 7305.04 and Res 7305.05	RSA 12-A:2-c, II (a)
Res 7306.01 through Res 7306.05	RSA 12-A:2-c, II (a)
Res 7306.06	RSA 12-A:2-c, II (a) RSA 541-A:30, III