CHAPTER Res 7400  RESERVED AND PRIVILEGED USE OF DRED LANDS, FACILITIES AND RESOURCES

 

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rules in Document #8532, effective 1-1-06, did not expire on 1-1-14 but were extended pursuant to RSA 541-A:14-a until superseded by the rules in Document #10533, effective 3-1-14.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.  Bedell Bridge state park;

 

2.  Greenfield state park;

 

3.  Pawtuckaway state park; and

 

4.  Wellington state park;

 

(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 New Hampshire as a certificate holder and as an additional insured as may be required by the department.

 

          (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

172 Pembroke Road

P.O. Box 1856

Concord, NH 03302-1856

 

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 New Hampshire.”  For events solely involving the expression of views the applicant shall pay all fees generally charged to the public such as but not limited to day-use fees, reservation and rental fees, and parking fees.

 

          (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 DRED LANDS, FACILITIES AND RESOURCES

 

          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 DRED LANDS, FACILITIES AND RESOURCES

 

          Res 7406.01  Use of DRED Lands, Facilities, and Resources Granted Under Chapter 7400.

 

          (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 DRED LANDS, FACILITIES AND RESOURCES

 

          Res 7407.01  Suspension of Use of DRED Lands, Facilities, and Resources Granted Under Chapter 7400.

 

          (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

Specific State Statute the Rule Implements

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