CHAPTER Res 7400
RESERVED AND PRIVILEGED USE OF
Statutory Authority:
RSA 12-A:2-c, I and II (a) and RSA 227-G:4, I.
REVISION NOTE:
Document
#10533, effective 3-1-14, adopted new Part Res 7401, Part Res 7402, and Part
Res 7404 through Part Res 7407. Document
#10533 also readopted with amendments and renumbered the former Part Res 7306,
titled “Rules Relating to Special Use Permits” in Chapter Res 7300, as Part Res
7403. Together these parts compile the
new Chapter Res 7400 titled “Reserved and Privileged Use of DRED Lands,
Facilities and Resources”.
Document #10533 made
extensive changes to the wording, format, structure, and numbering of the
former Part Res 7306 and supersedes all prior filings affecting the provisions
in the former Part Res 7306, which had last been filed under Document #8532,
effective 1-1-06. The rules in Document
#8532, effective 1-1-06, did not expire on 1-1-14 but were extended pursuant to
RSA 541-A:14-a until superseded by the rules in Document #10533, effective
3-1-14.
The prior filings affecting
the former Part Res 7306 include the following documents:
#6167,
eff 1-18-96, EXPIRED: 1-18-04
#8127,
INTERIM, eff 7-27-04, EXPIRED: 1-23-05
#8532,
eff 1-1-06
PART Res
7401 PURPOSE AND EXCLUSIONS.
Res 7401.01 Applicability. The provisions of Res 7400 shall apply to all
department of resources and economic development (DRED) properties listed in Res
101.06, and subsequent properties and easements upon acquisition, and
facilities, structures and improvements thereon and to all listed conservation
or trail easement properties held by DRED to the extent that these provisions
apply to the rights granted to the state or the restrictions placed on the
property.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
Res 7401.02 Purpose. This chapter has been enacted to:
(a)
Promote fairness and consistency in authorizing uses of DRED lands,
facilities, and resources;
(b)
Promote public health, safety and welfare, including but not limited to
the safety of participants and the public at large;
(c)
Manage impacts and prevent degradation to DRED lands, facilities, and
resources;
(d)
Manage competing uses of DRED lands, facilities, and resources,
including but not limited to impacts to or degradation of the visitor
experience;
(e)
Provide a public benefit when allowing exclusive use of DRED lands,
facilities and resources;
(f)
Manage the allocation, cost and sufficiency of DRED operational
resources, including but not limited to staff labor, sanitation, waste
management, traffic control or parking;
(g)
Provide reasonable revenue generation and cost recovery to the state and
its citizens pursuant to RSA 216-A:3-g and RSA 227-G:5 from the special or
commercial use of public lands, facilities and resources; and
(h)
Protect the state from liability and damages arising from the use of its
lands, facilities, and resources.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
Res 7401.03 Exclusions. Permission through application shall be
required for use of DRED lands, facilities, and resources, except uses by
governmental and quasi-governmental agencies under separate agreement for the
use or activity, or uses governed by the following statutes, rules, management
plans and department programs:
(a)
Res 5200, Rules For The Operation Of Wood Processing Mills;
(b)
Res 5300, Rules For The Harvesting Of Timber;
(c)
Res 5400, Floating Timber Rules;
(d)
Res 5601, Fire Permits;
(e)
Res 5602, Public Or Private Camp Or Picnic Grounds;
(f)
Res 5603, Disposal Sites;
(g)
Res 7301.23, Group Use;
(h)
Res 7302.03, Camping Permits;
(i)
Res 7403, Special Use Permits;
(j)
Res 7404, Group Reservations;
(k)
RSA 216-A:3, Agreement with other state agencies, the federal
government, municipalities or other public and private agencies, including but
not limited to agreements with friends groups, partner organizations and
volunteers;
(l)
RSA 227-H:9, Leasing of Privileges and Concessions;
(m)
Permissible uses granted under a property management plan;
(n)
Guiding services that meet all of the following requirements:
(1) The
activity is conducted outside developed areas of DRED properties, except that
the following uses within developed areas shall not require a special use
permit:
a.
Organizations that serve youths and children, such as but not limited to
municipal recreation departments, non-profit and commercial youth groups and
camps, that provide youth-based guiding services that are conducted within
developed DRED areas and qualify under that department’s group use, school
group or bus pass program, as established in accordance with the department’s
fee package pursuant to RSA 216-A:3-g;
b. Fishing
guides using public boat access facilities located on the below listed DRED
lands and managed under agreement with the department of fish and game, when
used for the sole purpose of accessing the body of water:
1.
2.
3. Pawtuckaway
state park; and
4.
(2) The
activity is within the normal and routine recreational use of DRED lands, such
as but not limited to hunting, fishing, hiking, birding, nature, canoe, kayak,
and climbing guiding; and
(3) The
activity does not otherwise require a special use permit under Res 7403.01.
(o)
Programs, events or activities initiated, sponsored or conducted by the
department; and
(p)
Events or activities solely involving the expression of views, such as
assemblies, meetings and demonstrations that:
(1) Is not a
special use or commercial use listed under Res 7403.01 (a) through (m); and
(2) Does not
involve such numbers of people that it would overwhelm the specific location and
degrade visitor experience, as determined by the department.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
PART Res
7402 DEFINITIONS.
Res 7402.01 Definitions.
(a)
“Developed” means those lands, facilities and resources that have
improvements where staff or services are provided or fees are charged, such as
but not limited to lawns and fields maintained by regular mowing, picnic areas,
pavilions, group use areas, playgrounds, play areas, athletic fields,
bathhouses, toilet buildings, park stores, visitors centers, educational
facilities, administrative facilities, maintenance facilities, dwellings,
camps, cabins, yurts, campsites and campgrounds, beaches, boat launches, and
roadways, trails and parking areas directly within or directly associated with
developed areas.
(b)
“DRED lands, facilities and resources” means those lands, facilities and
resources under jurisdiction of the department or rights granted by third
parties held by the department, including but not limited to historical,
cultural and natural resources such as water bodies, geology, vegetation and
soil, and improvements such as facilities, structures, roads, trails and
landscaping.
(c)
“Commercial use” means any use, activity or event in which any of the
following occur:
(1) Income is
derived from use of DRED lands, facilities and resources, directly or
indirectly, regardless of the intent to produce a profit, as determined by the
department;
(2) Attendees,
participants or guests are charged a fee by the individual, business, group or
organization;
(3) The sale,
promotion, exchange or demonstration of goods or services;
(4) Canvassing
or soliciting, excepting the use of a vehicle, boat or clothing permanently
affixed with a commercial logo or insignia; or
(5) Fundraising
or membership drives, even if for a non-profit or charity organization.
(d)
“Degradation of the visitor experience” means the event, activity or use
disrupts traditional public park use or unduly inconveniences abutting
landowners or the general public and causes or might cause any of the following
conditions:
(1) Impose on
or conflict with the use of DRED lands, facilities and resources by the public
at large;
(2) Excessive
noise so as to deny others their right to quiet enjoyment of their recreational
use of DRED lands, facilities and resources; or
(3) Multiple
complaints from other visitors or parties, as determined by the department.
(e)
“Special use” means any event, activity or use that is beyond the normal
or routine recreational use of a specific DRED property or an event, activity
or use requiring a permit under Res 7403.01
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
PART Res
7403 RULES RELATING TO SPECIAL USE
PERMITS
Res 7403.01 Special Use Permit Required. Except for Res 7401.03, a permit shall be required
for any special use or commercial use of a DRED land, facility or resource,
including the following uses:
(a) The use of a property over an extended period
of time;
(b) Any organized event or use which shall occur
beyond the regular operating season or outside the regular operating hours of a
specific property or at an unstaffed property, unless provided for under group
reservations in Res 7404;
(c) Hosting an event or activity in which the
general public is invited;
(d) Any commercial or service-based use by
individuals, businesses, groups or organizations, regardless of the intent to
produce a profit, including but not limited to fundraising and charity events,
guide and other recreation- or environmental-based services, education, training
and classes, unless excluded in Res 7401.03(n);
(e) Any event, activity or use where a third
party is contracted to provide products or services, including food or alcohol
served by or to third parties, or entertainment, unless provided for under group
reservations in Res 7404;
(f) Any event, activity or use that require the
addition of equipment or structures onsite, including but not limited to party
tents, tables and chairs, amplified musical equipment, generators, and portable
lighting, bounce houses, portable climbing walls, dunk tanks, live animals,
wildlife nesting or viewing platforms, cameras, recording devices, or
communications equipment, unless provided for under group reservations in Res
7404;
(g) Conducting research, collecting information
or data, a pilot, test, or proof-of-concept program or project;
(h) Filming, photography or recording activities
intended for commercial use and conducted by commercial or professional
filming, photography and recording studios, companies and businesses;
(i) Military exercises;
(j) Any event, activity or use that is otherwise
prohibited within a DRED property, such as but not limited to, access to
otherwise restricted areas or where alcohol will be present where normally prohibited,
unless provided for under group reservations in Res 7404;
(k) Any event, activity or use that requires
prior approval from the department, such as but not limited to trail
maintenance or cutting vegetation for scenic views;
(l) Any event, activity or use that requires DRED
staff to provide services or assistance beyond their normal or routine duties,
operations or hours, unless provided for under group reservations in Res 7404;
(m) Any event, activity or use that is beyond the
normal or routine recreational use of a specific DRED property as determined by
the department, except as is provided for under exclusions in Res 7401.03; and
(n) Events, activities or use solely involving
the expression of views, such as assemblies, meetings and demonstrations that
is not a special use or commercial use listed under Res 7403.01 (a) through
(m), but involves such numbers of people that it would overwhelm the specific
location and degrade the visitor experience as determined by the department.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
Res
7403.02 Application for Special Use
Permit.
(a) At least 30 days prior to the proposed event,
activity or use, hereinafter referred to as “use,” requiring a special use
permit, an individual, business, organization or group, hereinafter referred to
as the “applicant,” shall apply for a special use permit by completing and
submitting a special use permit application provided by the department.
(b) Where the proposed use is noncommercial
activities solely involving the expression of views under Res 7403.01 (n)
occasioned by events coming into public knowledge within one month prior to the
planned event, the applicant shall apply for a special use permit at least 72
hours prior to an event.
(c) An applicant shall supply the following
information:
(1) Name,
address, day-time telephone number and email address of the individual, or in
the case of group use, the name of the organization and the name, address and
day-time telephone number of the contact person for the organization;
(2) Name of the
DRED property and the facility or area within the property where the proposed
use is requested to be held;
(3) The
following information about the proposed use:
a. Name, type
of use, and brief description of the use;
b. Proposed
activities, programs, services, music and entertainment;
c. Number of
staff, employees and volunteers that will be onsite;
d. Number of
guests, participants and spectators;
e. Date(s) and
beginning and ending time(s) of the use including setup and dismantling;
f. Any
equipment or third-party vendors or contractors that will be brought onsite;
and
g. Any fees
charged, including but not limited to entry or participant fees, food and
beverage service, products or goods for purchase, services offered or requests
for donations;
(4) Any
additional needs or special considerations, such as but not limited to access
to otherwise restricted areas, access to utility services such as electrical,
phone and water, the need for department staff assistance, additional waste and
sanitation management, traffic control, or additional parking;
(5) The need
for law enforcement and emergency medical response services onsite;
(6) Whether
alcohol will be served at the event, and if so, whether by licensed bartender
or caterer; and
(7) Whether
direct or indirect income, regardless of the intent to make a profit, will be
derived from the use of the DRED land, facilities and resources. When revenue is generated and is used to
determine an event fee under 7403.02(j), a, such as but not limited to an
income and expense report with a comparison of gross revenue versus net
revenue, shall be required within 60 days following the use.
(d) All information shall be legible.
(e) General liability insurance coverage shall be
required from the applicant or organization so as to reasonably protect the
state against actions and claims arising from the use. The amount of liability insurance coverage
shall be determined by the department based upon the type, extent and risk to
persons and property associated with the use, but shall not exceed the limits
on actions and claims against the state pursuant to RSA 541-B:14.
(f) The applicant shall include a copy of the
following:
(1) A
certificate of insurance as proof of liability insurance coverage that:
a. Is valid for
the duration of the use, including setup and dismantling;
b. Provides
coverage for all in attendance, including but not limited to the staff,
employees, volunteers, guests, participants and spectators;
c. Lists the
applicant or organization as the insured; and
d. Lists the
State of
(g) General liability insurance coverage shall
not be required for use solely involving the expression of views that is not a
special use or commercial use listed under Res 7403.01 (a) through (m).
(h) The applicant shall:
(1) Sign and
date the application;
(2) Certify by
his or her signature agreement to:
a. The use of
the DRED lands, facilities and resources, and specified areas as required under
Res 7406 and as stated in the permit;
b. Fulfill all
requirements requested by the department, including but not limited to any
conditions, stipulations, or restrictions of the permit, the final payment of
fees and the submission of any required information, documents or reports; and
c. The
information provided as complete and accurate, and no willful
misrepresentations or omissions are made;
(3) Agree to indemnify and hold harmless the State with respect
to liability for bodily injury or property damage caused in whole, or in part,
by the applicant's acts or omissions, or the acts or omissions of those within
the applicant's party, or the acts or omissions of those acting on the
applicant's behalf, to the extent RSA 99-D:1 and 2 do not apply; and
(4) Obtain any
and all federal, state, or local permits and licenses, if applicable.
(i) The applicant shall include a non-refundable
administrative fee, as established in accordance with the department’s fee
package pursuant to RSA 216-A:3-g and RSA 227-H:9, unless the permit
application is denied by the division and the administrative fee is
refunded. If payment is by check or
money order it shall be made payable to “Treasurer, State of New Hampshire;”
except that an administrative fee shall not be required for use solely
involving the expression of views that is not a special use or commercial use
listed under Res 7403.01 (a) through (m), however the applicant shall pay all
other fees generally charged to the public such as day-use and parking fees.
(j) The applicant shall pay all other applicable
fees in the manner contracted, including but not limited to an event fee, which
shall be based upon such considerations as but not limited to day use fees,
parking fees, cost recovery, fair market value, number of guests, participants
or spectators, revenue generated, and date and time of the event.
(k) The applicant shall mail, hand-deliver, or
submit online if such online service is available, the completed application,
fees, and attachment(s) to the authorized department personnel or to:
Department of Resources and Economic Development
Division of Forests and Lands or Division of Parks and
Recreation (as appropriate)
Special Use Permit Program
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
PART Res 7404
RULES RELATING TO GROUP RESERVATIONS OF CERTAIN DRED FACILITIES
Res 7404.01 Group
Reservation Required. Except for
uses requiring a special use permit under Res 7403.01 or excluded under Res
7401.03, any reserved or exclusive use of DRED lands, facilities and resources,
such as but not limited to pavilions, group use areas, the Hampton Beach
Seashell and associated function areas, and trails, used for private parties,
gatherings, meetings and activities, shall require advance reservation through
the authorized department personnel.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
Res
7404.02 Request For Group Reservation.
(a) At least 30 days prior to an event requiring
a group reservation, an individual, business, organization or group, herein
after referred to as the “applicant,” shall request a group reservation by
contacting the authorized department personnel.
(b) Where the proposed group reservation is
noncommercial activities solely involving the expression of views occasioned by
events coming into public knowledge within one month prior to the planned
event, an applicant shall request a group reservation at least 72 hours prior
to an event.
(c) An
applicant shall supply the following information:
(1) Name, address, day-time telephone number and email address of the
individual, or in the case of group use, the name of organization and the name,
address and day-time telephone number of the contact person for the
organization;
(2) Name of the
DRED property and the facility or area within the property where the event is
requested to be held;
(3) The
following information about the proposed event:
a. Name, type
of event, and brief description of the event;
b. Proposed
activities, programs, services, music and entertainment;
c. Number of
staff, employees and volunteers that will be onsite;
d. Number of
guests, participants and spectators;
e. Date(s) and beginning and ending time(s) of the
event including setup and dismantling; and
f. Any
equipment or third-party vendors or contractors that will be brought onsite;
(4) Any
additional needs or special considerations, such as but not limited to style
set-up of the function space, access to utility services such as electrical,
phone and water, traffic control, police detail or additional parking; and
(5) Whether
alcohol will be served at the event, and if so, whether by licensed bartender
or caterer.
(d) All information shall be legible.
(e) General liability insurance coverage shall be
required from all third-party vendors so as to reasonably protect the state
against actions and claims arising from the event. The amount of liability insurance coverage
shall be determined by the department based upon the type, extent and risk to
persons and property associated with the event, but shall not exceed the limits
on actions and claims against the state pursuant to RSA 541-B:14.
(f) Should the applicant hire third-party
vendors, such as but not limited to a tent rental company, rental of tables and
chairs, caterers and bartenders, and DJs and bands, the applicant shall include
the following:
(1) Name and
phone number of the third-party vendor; and
(2) A
certificate of insurance as proof of liability insurance coverage held by the
third-party vendor, valid on the date of the event, and listing the vendor as
the insured.
(g) The applicant shall be sent a group reservation
form, rental agreement or facility use agreement, hereinafter referred to as
“group reservation form,” and:
(1) Sign and
date the group reservation form;
(2) Certify by
his or her signature agreement to:
a. The use of
the DRED lands, facilities and resources, and specified areas as required under
Res 7406 and as stated in the group reservation form;
b. Fulfill all
requirements requested by the department, including but not limited to any
conditions, stipulations, or restrictions of the permit, the final payment of
fees and the submission of any required information; and
c. The
information provided as complete and accurate, and no willful
misrepresentations or omissions are made;
(2) Agree to
indemnify and hold harmless the State with respect to liability for bodily
injury or property damage caused in whole, or in part, by the applicant's acts
or omissions, or the acts or omissions of those within the applicant's party,
or the acts or omissions of those acting on the applicant's behalf, to the extent RSA 99-D:1 and 2 do not apply; and
(3) Obtain any
and all federal or state permits and licenses, if applicable.
(h) The applicant shall include a reservation and
rental fee, as established in accordance with the department’s fee package
pursuant to RSA 216-A:3-g. If payment is by check or money order it shall be
made payable to “Treasurer, State of
(i) The applicant shall mail, hand-deliver, or
submit online if such online service is available, the completed group
reservation request, fees, and attachment(s) to the appropriate authorized DRED
personnel of the DRED property at which the applicant wishes to reserve a
facility.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
PART Res 7405
REVIEW OF APPLICATIONS FOR RESERVED AND PRIVILEGED USE OF
Res
7405.01 DRED Authority.
(a) The director of forest and lands or the
director of parks and recreation, or both, their respective assignees, shall be
authorized to review and approve special use permit applications and group
reservation requests that are within their respective jurisdictions pursuant to
Res 7400.
(b) For purposes of this part, an “application”
means an application for a special use permit, as is required under this
chapter.
(c) A “request” means a request for a group
reservation, as is required under this chapter.
(d) An “agreement” means either:
(1) A special
use permit;
(2) A group
reservation form;
(3) A rental
agreement; or
(4) A facility
use agreement, as is applicable under this chapter.
(e) A group reservation form, rental agreement,
and facility use agreement shall collectively be referred to as “group
reservation form,” under this chapter.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
Res
7405.02 Review of Applications and
Requests.
(a) The DRED
authority shall approve an application or request for reserved or privileged
use of DRED lands, facilities and resources if the conditions set forth herein
are met:
(1) The
application or group reservation form is signed and complete;
(2) The
applicant has complied with the requirements of Res 7403.02 or Res 7404.02,
whichever shall apply;
(3) The
application or request was received in the time required; and
(4) The
application or request includes all documents necessary at the time of
application or request submission, such as but not limited to proof of
liability insurance and payment of applicable fees.
(b) Notwithstanding (a) above, the application or
request shall be denied if one or more of the following circumstances are
present, as determined by the DRED authority:
(1) The
proposed use or activity violates deed restrictions or is inconsistent with
department management purposes for the specific DRED lands, facilities and
resources, as determined by the department;
(2) The
location sought is not suitable because the proposed use or activity would
materially impact the characteristics or functions of DRED lands, facilities
and resources;
(3) The location sought is not suitable because DRED
lands, facilities and resources are reasonably likely to be harmed by the
proposed use or activity;
(4) The
proposed use or activity is prohibited by federal or state law unrelated to the
content of expressive activity;
(5) The proposed use or activity violates state public
health laws and rules as applied to the proposed site;
(6) The
proposed use or activity will pose a danger to public health, safety, and
welfare;
(7) The
location sought is not suitable because the proposed use or activity is of such
nature or duration that it cannot reasonably be accommodated in that location;
(8) The
proposed use or activity will delay, halt, impact, or prevent administrative
use of an area by DRED or other scheduled or existing uses;
(9) The date
and time requested have previously been allotted by special use permit or group
reservation, or other contract or agreement;
(10) Within the
preceding 2 years, the applicant has been granted a reservation or privileged
use or other agreement and did, on that prior occasion, knowingly violate a
material term or condition of the permit or agreement, or any law, ordinance,
statute or regulation relating to use of the DRED lands, facilities, or
resources;
(11) The
proposed use or activity would unreasonably cause or contribute to the
degradation of the visitor experience; or
(12) The
proposed use or activity involves military or paramilitary training or
exercises by private organizations or individuals.
(c) If the DRED authority approves an application
or request for reserved or privileged use pursuant to Res 7405.02(a) above, the
DRED authority shall forward to the applicant one completely executed copy of
the special use permit or group reservation form.
(d) If the DRED authority does not approve an
application or request for reserved or privileged use pursuant to Res
7405.02(b) above, the DRED authority shall notify the applicant in writing,
citing the specific grounds contained within Res 7405.02(b) above for the
denial.
(e) An applicant whose application or request is
denied pursuant to Res 7405.02(b) above, may appeal to the commissioner within
5 business days of receipt of the denial, citing all reasons the denial was
inappropriate. Upon receipt of the
appeal, the commissioner shall notify the applicant, in writing, of his or her
decision within 48 hours, citing any denial to the grounds contained within Res
7405.02(b) above.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
PART Res 7406
USE OF
Res
7406.01 Use of
(a) For purposes of this part, an “agreement”
means a special use permit, group reservation form, rental agreement or
facility use agreement, as is applicable under this chapter.
(b) Only the buildings, facilities, specified
areas, or resources of the DRED lands identified in the agreement shall be used
for the approved use or activity.
(c) Hours of the use or activity shall be limited
to the time authorized by the agreement.
(d) The individual or group identified by the
agreement shall comply with all the conditions of the agreement.
(e) For verification purposes, a copy of the
agreement shall be presented to the manager or other authorized DRED personnel
on the day of the scheduled use or activity.
(f) The use or activity, while engaged or
executed, shall not unreasonably cause or contribute to the degradation of the
visitor experience, as determined by the authorized DRED personnel.
(g) The use or activity, while engaged or
executed, shall not cause environmental or property damage to DRED lands,
facilities and resources, as determined by the authorized DRED personnel.
(h) Onsite signs, postings, decorations and setup
for the use or activity shall be appropriate for a family-friendly park and
forest environment, subject to the approval of the onsite manager or other
authorized DRED personnel.
(i) Attendees and participants shall park in
areas designated by authorized DRED personnel.
(j) All buildings, facilities, specified areas,
or resources used for the approved use or activity shall be restored by the
individual or group identified by the agreement to the same condition in which
it was originally found, including the removal of all signs, postings,
decorations, equipment and structures, and trash.
(k) Supervision
of the use or activity shall be the responsibility of the individual or group
identified by the agreement.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
PART Res 7407 SUSPENSION
OF RESERVED AND PRIVILEGED USE OF
Res
7407.01 Suspension of Use of
(a) For purposes of this part, an “agreement”
means a special use permit, group reservation form, rental agreement or
facility use agreement, as is applicable under this chapter.
(b) At any time, an authorized DRED personnel
shall immediately suspend the agreement pursuant to RSA 541-A:30, III, and
shall evict the person, group, organization, company, or contracted party,
should any of the following occur, as determined by the authorized DRED
personnel:
(1) Causing
environmental or property damage;
(2) Causing
damage to DRED lands, facilities or resources;
(3) Endangering
public health, safety, or welfare;
(4)
Unreasonably causing or contributing to the degradation of the visitor
experience; or
(5) Violating
the terms or conditions of the agreement.
(c)
Any person, group or organization evicted from the property pursuant to
the above, shall not receive a refund of department-related daily fees,
including but not limited to, admission, parking, permit, or enterprise
function fee, except for a portion of camping rental fees as allowed by RSA
216-I:6.
(d) Any person or organization evicted from the
property pursuant to the above, shall not receive a refund of the unused
portion of a season pass or seasonal or multi-year special use permit pending
an adjudicative proceeding pursuant to RSA 541-A:30, III.
Source. (See Revision Note at chapter heading for Res 7400)
#10533, eff 3-1-14
APPENDIX
Rule |
|
Res 7401.01 through Res 7406.01 |
RSA 12-A:2-c, I and II (a) and (b);
RSA 227-G:4, I |
Res 7407.01 |
RSA 12-A:2-c, I and II (a); RSA
541-A:30, III |