CHAPTER
Res 7300 PARKS AND RECREATION
Statutory Authority:
RSA 12-A:2-c, I, II, III and IV, RSA 215-A:3-b, I, RSA 215-C:3-a, I, and
RSA 227-G:4, I.
PART Res 7301
RULES RELATING TO
Res 7301.01 Applicability.
(a) The provisions of Res 7301 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 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.
(b) The provisions of this chapter that apply
during the operating season shall also apply to all state parks and park areas
open during the operating season regardless of whether the property is staffed
or a fee is charged.
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; ss by #10532, eff 3-1-14
(a) “Authorized DRED personnel” means the
commissioner, the director of forests and lands, the director of parks and
recreation, the department land agent, the bureau administrator or chief, the
park, trails or forest regional supervisor, the park, trails or forest
supervisor, the park or forest manager, the forest ranger, the forest
technician, the forest patrol or forester, the ski patrol and ski lift
attendants, and the
(b) “Bureau administrator” means the bureau of
historic sites supervisor, the bureau of parks supervisor of park operations,
the bureau of trails chief, the forest management bureau administrator, the
forest protection bureau chief, the land management bureau administrator, and
the natural heritage bureau administrator, or any job title used to identify
the specified positions herein.
(c) “Commissioner” means the commissioner of the
department of resources and economic development.
(d) “Director” means the director of the division
of forests and lands acting in accordance with the duties set forth in RSA
227-G:3, and the director of the division of parks and recreation acting in
accordance with the duties set forth in RSA 216-A:2.
(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 when most
park and support facilities are open for public use.
(g) “Operating season” means a period of the year
when park facilities are staffed, maintained and open for public use and a
day-use fee, service charge, parking fee, or any other fee is generally
collected or required where applicable.
(h) “Park or trails manager or forester” means
the manager of a park, trails, forest or recreation area of the department.
(i) “Regional supervisor” means the supervisor
responsible for the management of multiple department properties, property
interests or personnel throughout a geographical region, including parks,
trails, forests, and easements.
(j) “Service animal” means a dog that is
individually trained to do work or perform tasks for people with disabilities
as defined under the Americans with Disabilities Act (ADA) as amended, and
including an animal which has been trained to perform typical search and rescue
operations and is certified by a competent authority or holds a title from a
competent authority or organization recognized by the office of the governor,
department of safety, department of fish and game, or the federal emergency
management agency or its successor, as defined in RSA 167-D:1 as amended.
(k) “State park” means those DRED properties or portions
of properties under jurisdiction of the director of parks and recreation
pursuant to RSA 216-A:1 and 216-A:2.
(l) “Volunteer coordinator” means a person(s)
designated to administer the adopt-a-fire tower, the adopt-a-state park, the
adopt-a-trail programs, and oversee volunteers and friends groups.
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; ss by #10532, eff 3-1-14
Res
7301.03 Authority of DRED Personnel. Persons shall obey all requests made by
authorized DRED personnel in matters of public interest, public health and
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);
ss by #10532, eff 3-1-14
(a)
Any person violating any rule
contained in this chapter or Res 8500 shall be guilty of a violation and be:
(1) Evicted
from the property;
(2) Responsible
for the restoration of any defaced or destroyed historic property or resource
pursuant to RSA 227-C:17, II; and/or
(3) Subject to
an administrative fine pursuant to Res 7800.
(b) Serious offenses shall be charged as a
misdemeanor.
(c) A “serious offense” means an offense in which a person has:
(1) Acted in a
reckless manner pursuant to Res 7301.30 or Res 7304.08;
(2) Caused
serious environmental or property damage; or
(3) Committed a
third offense.
(d) Any person or organization evicted from the
property pursuant to this section, 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.
(e) Any person or organization evicted from the
property pursuant to this section, 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. #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; ss by #10532, eff 3-1-14
Res 7301.05 Protection
of Natural Features and Property. No person shall
remove, damage, deface, disturb or alter any structure, plant, marine or freshwater
aquatic life with the exception of lawful fishing, natural or geological
feature or property on DRED properties.
No person shall introduce, abandon or leave any plant, aquatic or
terrestrial life, or other foreign object or item on DRED properties without
the prior written permission of the director.
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); ss by #10532, eff 3-1-14
Res 7301.06 Protection
of Historic Resources.
(a) No person shall remove or damage any historic property
or historic and cultural resource on DRED properties without the prior written
permission of the director and in cooperation with the department of cultural
resources, division of historical resources, pursuant to RSA 227-C:9.
(b) Removal of or damage to any historic property
or historic and cultural resource shall be penalized pursuant to RSA 227-C:17,
II and charged as a violation under Res 7301.04.
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; ss by #10532, eff 3-1-14
Res
7301.07 Restrictions in Public Use.
(a) DRED properties shall be accessible for use
unless closed or restricted to public access by posting and / or by public
notification or restricted under the provisions in this chapter.
(b) DRED properties, or portions of a property,
shall be closed or restricted for public access by posting and /or by public
notification by authorized DRED personnel if:
(1) An external
subdivision of government requests the department to close a specific DRED
property at a time and for causes so listed below which the department deems
reasonable;
(2) There is a
need to reduce vandalism;
(3) It is
necessary for public health and safety;
(4) It is
necessary to protect the natural resources, physical improvements, or other
features and resources of a DRED property;
(5) There is a
restriction pursuant to a deed, easement, trail use rules, property or trail
management plan or where such plans are developed through a public involvement
process; or
(6) The quiet enjoyment
of the recreational use of the property by other users or abutting landowners
is being disturbed.
(c) Persons shall not enter DRED properties or
portions of DRED properties that are closed or restricted to public access.
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; ss by #10532, eff 3-1-14
Res
7301.08 Animals.
(a) For purposes of this section, “animal” means
any domestic animal kept for pleasure, comfort or both rather than utility,
including but not limited to dogs and cats, and animals traditionally
associated with agriculture such as cattle, sheep, goats, llamas and alpacas,
or swine, and wildlife raised in captivity, but excluding equines and animals
used for utility covered in Res 7301.09.
(b) Service animals, including animals used for
detection and search and rescue training and operations, shall be exempt from
all prohibitions in this section unless stated otherwise.
(c) Animals shall be permitted on a DRED property
unless temporarily prohibited or restricted to public use by posting under Res
7301.07, or prohibited or restricted to animals under:
(1) Res 7301.08
(d), where animals shall be permitted only in certain areas during the
operating season;
(2) Res 7301.08
(e), where animals shall be prohibited in certain areas during the operating
season;
(3) Res 7301.08
(f), where animals shall be permitted where normally prohibited under (d) and
(e) after seasonal property closings and prior to seasonal property openings,
except for certain restrictions at
(4) Res 7301.08
(g), where animals shall be prohibited year round.
(d) In accordance with (e) and (g) herein, during
the operating season animals shall be permitted on DRED properties except at
DRED properties listed below where animals shall be permitted only in the
following areas:
(1) In Bear
Brook state park, at the campground and hiking trails only;
(2) In Crawford
Notch state park, at the campground, park hiking trails and the designated dog
walk area at the Willey site only;
(3) In
Franconia Notch state park, at the designated dog walk area and on hiking
trails only, but not ski trails;
(4) In
(5) In
Mollidgewock state park, at the campground only;
(6) In Moose
Brook state park, at the campground and on hiking trails only;
(7) In
(8) In Umbagog
state park, at base camp and designated remote campsites only; and
(9) In
(e) In accordance with (d) and (g) herein, during
the operating season where animals are otherwise permitted, animals shall be
prohibited in the following areas:
(1) At state
park coastal beaches, including
(2) At state
park freshwater beaches and designated swim areas;
(3) At
established state park picnic shelters, picnic areas, pavilions, and group use
areas;
(4) At the
beach at
(5) In
(6) At Ellacoya
state park;
(7) In Mount
Sunapee state park, at the beach, and at the main park and ski area, during the
annual arts and crafts festival;
(8) In Pawtuckaway
state park, at the beach and at the campground;
(9) In
(f) After seasonal property closings and prior to
seasonal property openings, animals shall be permitted on DRED properties
unless otherwise posted or prohibited year-round under Res 7301.08 (g), except:
(1) In
(2) The
department shall prohibit animals in
(g) Animals shall be prohibited year round on the
following DRED properties:
(1) At
Monadnock state park;
(2) At
(3) At Odiorne
state park; and
(4) At
Rhododendron state park, except at the parking area and the section of
Rhododendron loop which is not posted as prohibited which provides trail access
to and on Little Monadnock Mountain trail.
(h) Dogs used for hunting or search and rescue
shall be permitted on DRED properties off leash and under the control of their
handlers in accordance with RSA 466:30-a, during hunting season or while active
in search and rescue unless animals are prohibited year-round under Res 7301.08
(g), search and rescue operations excepted.
Dogs used for hunting shall be on a not greater than 6-foot length leash
in areas where the public congregates, such as parking and trailhead areas,
picnic areas, and while on established hiking trails. While on DRED properties, dogs in training
for hunting shall be subject to the provisions related to such activity under
RSA 207:12-a and Fis 902.04.
(i) Except for (g) and (h) above, in remote areas
dogs shall be permitted off leash and under the control of their handlers in
accordance with RSA 466:30-a provided that the dog is not or does not become a
menace, a nuisance or vicious as defined in RSA 466:31, under which the owner
or handler shall restrain, leash and remove the dog from the property. For purposes of this section, remote area
means those areas and trails where and during a time when the dog owner or
handler and the dog will not come in contact with other users. The dog owner or handler shall leash the dog
when other users are present.
(j) Sled dog teams shall be permitted on DRED
property roadways, parking areas and multi-use trails when posted as an
allowable use.
(k) Except for (h) above, every animal, including
service animals, shall be on a not greater than 6-foot length standard or
retractable leash or lead, under the control of their handlers, and shall not
be left unattended at any time or place, including in any campsite, vehicle,
camper, recreational vehicle, carrier or enclosure at any time while on DRED
properties.
(l) Animal owners, including owners of service
animals, shall clean up and remove offsite any waste eliminated by their animal
or animals from public traffic areas, including all trails, multi-use trails,
walkways, sidewalks, play areas, play fields, lawns, campgrounds, beaches, and
parking lots.
(m) If an animal, including a service animal,
becomes objectionable to other patrons or other animals, or causes or acts in a
manner that might cause or contribute to damage or hazard to patrons, property
or park resources, or is a dog considered to be a menace, nuisance or vicious
in accordance with RSA 466:31, as determined by the authorized DRED personnel,
the owner of the animal shall immediately remove the animal from the DRED
property at the request of the authorized DRED personnel.
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); ss by #10532, eff 3-1-14
Res
7301.09 Equine and Other Animals Used
for Utility.
(a) This section shall apply to equine and other
animals used for utility such as riding, driving, or transportation of persons,
property or goods, and including but not limited to animals traditionally
associated with utility such as equines, cattle, goats, and llamas, but
excluding animals kept for pleasure or comfort covered in Res 7301.08.
(b) Service
animals, as defined in Res 7301.02, shall be exempt from the prohibitions in
this section unless stated otherwise.
(c) The use of
equines or other utility animals shall be permitted on all roads and other
established trails, unless prohibited or restricted in certain areas as
identified under (d) through (g) herein, or unless closed or restricted to public
use by posting under Res 7301.07.
(d) In accordance with (c) above, equines and
other utility animals shall be prohibited within or upon the following areas
where the public congregates or where there is the need to protect developed or
improved facilities or natural resources, unless permission has been granted by
special use permit pursuant to Res 7400 or other written agreement, or by a
property management plan, or by posting:
(1) Lawns and fields maintained by regular mowing and associated
with a developed recreation area;
(2) Picnic
areas;
(3) Pavilions
and group use areas;
(4)
Playgrounds, play areas and athletic fields;
(5) Areas
around bathhouses and toilet buildings;
(6) Areas
around park stores;
(7)
Campgrounds;
(8) Geologic
features, such as but not limited to exposed rockface and glacial erratics; and
(9) Beaches,
except for (e) below at the location and during the dates specified.
(e) For coastal beaches after seasonal property
closings and prior to seasonal park openings, equines shall be permitted at
Hampton Beach, from Hampton Beach South to Boar’s Head, from October 1 through
April 30, and the parking of animal trailers and vehicles towing animal
trailers shall be permitted at the Hampton Beach South parking lot only.
(f) Equines and other utility animals shall be
prohibited year round in the following DRED properties, unless permission has
been granted by special use permit pursuant to Res 7400 or other written
agreement or unless allowed in certain areas by posting:
(1) At all
state historic sites under the jurisdiction of the department’s bureau of
historic sites;
(2) At
Connecticut Lakes Headwaters Tract, except as permitted in accordance with the
public recreation management plan;
(3) At the
Cotton Valley Rail Trail;
(4) At Crawford
Notch state park;
(5) At
(6) At
Franconia Notch state park;
(7) At Miller
state park;
(8) At
Monadnock state park;
(9) At
(10) At Ossipee
natural area;
(11) At
Rhododendron state park;
(12) At Rollins
state park; and
(13) At Winslow
state park.
(g) Driving of any equine- or other utility
animal-drawn vehicle shall be permitted on DRED property roadways, parking areas
and trails when posted as an allowable use.
Permission for this activity in areas otherwise prohibited may be
granted by special use permit or other written agreement.
(h) Every animal, including service animals,
shall be on rein or lead under the control of their handlers, and shall not be
left unattended at any time or place while on DRED properties.
(i) Owners shall clean up and remove offsite
within a reasonable time but prior to leaving the site all waste eliminated by
their equine or other utility animal from public traffic areas and areas where
the public congregates. These areas are
defined as paved sidewalks and walkways, maintained play areas and athletic
fields, lawns and fields maintained by regular mowing and associated with a
developed recreation area, campsites, fresh water beaches, areas above the high
tide mark at Hampton Beach, improved features such as picnic areas, staging and
gathering areas, and parking lots and trail heads.
(j) Owners shall with reasonable effort remove
off and scatter all waste eliminated by their animal from remote scenic
overlooks, vistas and picnic areas.
(k) When required by posting, owners shall with
reasonable effort remove off and scatter all waste eliminated by their animal
from trails and unimproved walkways.
(l) Disposal of stall waste, hay or manure shall
not be permitted on DRED properties, unless permission has been granted by
special use permit pursuant to Res 7400 or other written agreement.
(m) If an equine or other utility animal,
including a service animal, causes or acts in a manner that might cause or
contribute to damage or hazard to patrons, property or park resources, as
determined by the authorized DRED personnel, the owner of the animal shall
immediately remove the animal from the DRED property at the request of the
authorized DRED personnel.
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; ss by #10532, eff 3-1-14
Res
7301.10 Hunting.
(a) No person shall discharge a firearm within
300 feet of developed recreation areas when occupied, including parking lots,
administrative and maintenance facilities, dwellings, camps, cabins and yurts,
bathhouses, campgrounds, campsites, playgrounds, athletic fields, beaches,
pavilions, picnic areas, and boat launches, lawful use of firearms pursuant to
RSA 627 excepted.
(b) Hunting shall not be permitted at Robert
Frost historic site, the Urban Forestry Center, that portion of Odiorne Point
state park located on the east side of NH route 1-A, Opechee Bay state forest
and Shieling state forest.
(c) At Bear Brook state park, hunting in the area
known as the game refuge east of Podunk Road shall be limited to bow and arrow.
(d) Portable tree stands shall be permitted for
the purpose of hunting only between August 1 and January 31, provided that they
are temporarily installed without driving nails or inserting other devices
permanently into a tree and that they are installed and removed without damage
to any vegetation.
(e) All tree stands left after January 31 shall
be subject to removal and disposal by authorized DRED personnel, for which DRED
shall not be held liable or responsible for loss or damage of such tree
stands. DRED shall remove tree stands
during active timber harvest operations, for which DRED shall not be held
liable or responsible for loss or damage of such tree stands.
(f) Baiting and trapping shall not be permitted
except by permit granted by the state fish and game department pursuant to the
interagency agreement with 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 7301.05); ss by
#10172, EMERGENCY RULE, eff 8-14-12, EXPIRED: 2-11-13
New. #10532, eff 3-1-14 (from Res 7301.11)
Res
7301.11 Target Shooting.
(a) No person shall discharge a firearm for the
purpose of target shooting within 300 feet of developed recreation areas,
including parking lots, administrative and maintenance facilities, dwellings,
camps, cabins and yurts, bathhouses, campgrounds, campsites, playgrounds, athletic
fields, beaches, pavilions, picnic areas, and boat launches and trails, or
within 100 feet of any stream, river, pond, lake or other water body.
(b) Target shooting shall not be permitted at
Robert Frost historic site, the Urban Forestry Center, that portion of Odiorne
Point state park located on the east side of NH route 1-A, Opechee Bay state
forest and Shieling state forest.
(c) Target shooting shall not be permitted from
Memorial Day weekend through Columbus Day weekend within ¼ mile from developed
recreation areas.
(d) Target shooting shall be permitted on the
Connecticut Lakes Headwaters Tract in accordance with the public recreation
management plan.
(e) Only firearms chambered for rimfire
ammunition, center-fire handguns and rifles, muzzleloaders and shotguns shall
be permitted, and all shell casings shall be removed daily and disposed of
offsite by the user.
(f) Fully jacketed, armor piercing, steel core
and tracer ammunition shall be prohibited.
(g) Only targets designed for target shooting
shall be used, except explosive target compositions shall be prohibited, and
all targets shall be removed daily and disposed of offsite by the user. Shooting glass bottles, household appliances
or standing trees is strictly prohibited.
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; ss by #10172, EMERGENCY RULE, eff 8-14-12, EXPIRED: 2-11-13
New. #10532,
eff 3-1-14
Res
7301.12 Games. Ball playing,
horseshoes, and other games requiring a defined playing area shall be permitted
in developed or maintained play or athletic fields or areas designated by
authorized DRED personnel.
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); ss by
#10532, eff 3-1-14
Res 7301.13 Soliciting. No person
shall conduct commercial and non-profit activity, soliciting, or canvassing on
DRED properties, excepting the use of a vehicle, boat or clothing permanently
affixed with a commercial logo or insignia, unless permission has been granted
by special use permit pursuant to Res 7400 or by other written agreement, such
as but not limited to state contracts, leases, or memorandum of agreements.
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); ss by #10532, eff 3-1-14
Res
7301.14 Fires.
(a) Fires shall be permitted only in places provided
or designated for that purpose, unless posted as prohibited during times
determined by the division of forests and lands for resource protection, such
as but not limited to, forest fire danger.
(b) Portable grills shall be permitted, provided
that the DRED property 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.
(c) The burning of rubbish, garbage, trash, debris,
or any other discarded, refuse or waste material of every kind and description
shall not be permitted.
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); ss by #10532, eff 3-1-14
Res
7301.15 Littering and Sanitation.
(a) No person shall dispose of household or
commercial rubbish, garbage, trash, debris, dead animals, sewage, or any other discarded,
refuse or waste material of every kind and description on DRED properties.
(b) No person shall dispose of rubbish, garbage,
trash, debris, sewage, or any other discarded, refuse or waste material of
every kind and description on DRED properties except in campgrounds, concession
areas, and at the Hampton Seashell complex where places and receptacles are
provided for such purposes as posted and where such materials are generated by
allowable and permitted activities at the site.
(c) No person shall dispose of sewage or solid
waste material of any kind from a recreation vehicle or other such vehicle on
DRED properties except in campgrounds where dump stations are provided for such
purposes as posted.
(d) DRED properties shall be “carry in and carry
out.” For the purposes of this rule,
“carry in and carry out” means that persons visiting a DRED property shall take
all items brought with them, including
any rubbish, garbage, trash, debris, or any other discarded, refuse or waste
material of every kind and description generated by them, upon their departure,
except where trash receptacles are provided.
Source. #8532, eff 1-1-06 (from Res 7301.12); ss by
#10532, eff 3-1-14
(a) Motor vehicles shall only be used on roads,
parking areas and other designated areas as indicated and shall conform to all
applicable motor vehicle laws and rules, and posted directional and advisory
signs.
(b) Motor vehicles left for more than 24 hours in
areas where day-use or parking fees are charged and without adequate payment of
applicable fees or permission being given by authorized DRED personnel, shall
be considered abandoned and shall be subject to towing and storage or
immobilization at the owner’s expense.
(c) Motor vehicles left for more than 14 days at
trail head parking areas without permission being given by authorized DRED
personnel shall be considered abandoned and shall be subject to towing and
storage or immobilization at the owner’s expense.
(d) Motor vehicles parked in front of any rail
trail or DRED property gate shall be subject to towing and storage at the
owner’s expense.
(e) Motor vehicles left on DRED properties during
a restriction in public use pursuant to Res 7301.07 shall be subject to towing
and storage at the owner’s expense.
(f) Gate closures shall restrict motor vehicle
access to all state park properties by the public. This restriction shall not apply to
pedestrians, bicyclists, equestrians, or to OHRV or snowmobiles where
permitted.
(g) This section shall not apply to DRED
authorized personnel or staff or emergency response personnel in the
performance of their duties.
Source. #8532, eff 1-1-06; ss by #10532, eff 3-1-14
Res 7301.17 Boats.
(a) No person shall leave a boat unattended on
any DRED properties or adjacent waters, except at occupied campsites and
designated boat storage facilities.
(b) Boats left unattended for more than 24 hours
without permission being given by authorized DRED personnel, shall be
considered abandoned and shall be subject to removal and storage at the owner’s
expense.
(c) Any boat removed and stored pursuant to (b)
above, shall be subject to the provisions of RSA 471-C if not claimed within 60
days.
(d) No person shall haul, land, or launch a boat
or other watercraft onshore of a DRED natural area listed in Res 101.06 unless
otherwise posted as permitted.
(e) Any boat found unattended in a sunken,
beached, or drifting condition shall be subject to the provisions of RSA 270-B.
Source. #8532, eff 1-1-06 (from Res 7301.13); ss by
#10532, eff 3-1-14
Res
7301.18 Permitted Use on Trails.
(a) Pursuant to RSA 216-F:2, trails within the
statewide trail system shall be available for hiking, nature walks, bird
watching, horseback riding, bicycling, ski touring, snowshoeing and
snowmobiling, mushing, and off highway recreational vehicles where
permitted. The commissioner shall, as
necessary, zone and restrict use of any section of the trails after determining
appropriate public uses for such trails.
(b) Other DRED trails shall be available for the
uses listed above in accordance with Res 7300.
(c) All other trails shall be signed for all
other permitted uses not covered in this section.
(d) The recreational use of electric and
power-assisted bicycles on natural surface trails shall be managed within the
same rules and regulations as motorized vehicles.
Source. #8532, eff 1-1-06; ss by #10532, eff 3-1-14
Res
7301.19 Metal Detectors.
(a) Metal detectors shall not be permitted on
DRED properties unless otherwise stated in this section or if permitted by
special use permit pursuant to Res 7400.
(b) Metal detectors shall be permitted along the
shoreline of beaches and at athletic fields, playgrounds, and within a 25 foot
radius from picnic tables and pavilions, unless otherwise posted.
(c) Metal detectors shall not be permitted at
state historic sites and natural areas listed in Res 101.06, or Odiorne Point
state park.
(d) Money or items found whose value is in excess
of $50.00 shall be subject to Res 7301.27, Lost and Found Items.
Source. #8532, eff 1-1-06 (from Res 7301.09); ss by
#10532, eff 3-1-14
(a) Digging shall be permitted on sand beaches, with
all resulting holes completely filled in prior to leaving the site. Digging holes to a depth greater than 12
inches shall not be permitted.
(b) Digging and other ground disturbances shall
not be permitted on DRED properties, historic sites, and DRED natural areas
unless permission has been granted by special use permit pursuant to Res 7400
in cooperation with the department of cultural resources, division of
historical resources pursuant to RSA 227-C:9.
(c) Money or items found whose value is in excess
of $50.00 shall be subject to Res 7301.27, Lost and Found Items.
Source. #8532, eff 1-1-06; ss by #10532, eff 3-1-14;
ss by #10532, eff 3-1-14
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 7400, by rights reserved by recorded deed, or by property management plan.
(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; ss by #10532, eff 3-1-14
Res
7301.22 Constructing or Erecting
Structures and Signs. No person shall construct, maintain or erect
any structure, such as but not limited to
Source. #8532, eff 1-1-06; ss by #10532, eff 3-1-14
Res
7301.23 Group Use.
(a) Organized groups shall be admitted to a state
park property if the park manager determines:
(1) There is
space available at the park for the additional visitors;
(2) The group
will not interfere with other park patrons; and
(3) For youth
groups, the group is adequately supervised in accordance with the
adult-to-youth ratio described within this section. For the purposes of this rule, “youth groups”
means groups of children up through 17 years of age that are a part of an
established municipal or non-profit organization registered with the secretary
of state and serving youths and children, including but not limited to, boy
scouts, girl scouts, 4-H, school groups, church groups, and non-profit youth
camps.
(b) For day-use areas:
(1) A 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;
(2) The minimum
size of a group for day-use visits shall be 12;
(3) For youth
groups, the leader to youth ratio shall be one adult leader for every 6 to 10
youths, based upon the supervisory needs of the youths such as age, special
needs or at-risk youths; and
(4) A per
person fee shall be collected for admittance to a state park that collects
fees.
(c) Overnight camping for youth groups shall be
permitted provided that:
(1) A group leader
or organizer contacts the camping reservation office or call center at least 7
days prior to the intended visit;
(2) The group
is a municipality or a non-profit organization or group registered with the
secretary of state;
(3) All youths
are up through 17 years of age;
(4) The group
has a minimum size of 10 youths;
(5) The leader
to youth ratio for overnight camping shall be based upon the age and
supervisory needs of the youths, such as special needs or at-risk youths, as
follows:
a. One adult
leader for every 4 to 6 for youths under 10 years of age;
b. One adult
leader for every 4 to 8 youths between 10 to 13 years of age; and
c. One adult
leader for every 4 to 10 youths between 14 up through 17 years of age;
(6) Camping is
by tent only;
(7) A deposit,
or full payment for remote campsites, has been received at the time of placing
the camping reservation, which includes a non-refundable reservation fee; and
(8) All other
campground policies, including cancellation and camper use pursuant to Res
7302, shall apply.
Source. #8532, eff 1-1-06; ss by #10532, eff 3-1-14
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 7400.
Source. #8532, eff 1-1-06; ss by #10532, eff 3-1-14
Res
7301.25 Alcoholic Beverages. Possession and consumption of alcoholic
beverages shall be permitted on DRED properties except as listed in this
section:
(a) At certain seacoast beaches, possession and
consumption of alcoholic beverages shall be prohibited pursuant to Res
7303.09(b);
(b) At the state operated ski area, consumption
of alcoholic beverages shall only be permitted in designated areas pursuant to
Res 7304.06;
(c) In Pawtuckaway, possession and consumption of
alcoholic beverages shall be prohibited at the beach area and adjoining picnic
area and other areas as posted;
(d) In
(e) In
(f) In the following state historic sites,
possession and consumption of alcoholic beverages shall be prohibited unless
permission has been granted through the provisions under Res 7400:
(1)
(2)
(3) Frost Farm;
(4) Hannah
Duston historic site;
(5) Pierce
(6) Webster Birthplace;
and
(7) Weeks state
park.
Source. #10172, EMERGENCY RULE, eff 8-14-12, EXPIRED:
2-11-13
New.
#10532, eff 3-1-14
Res 7301.26 Geocaching and Letterboxing.
(a) For the
purposes of this rule:
(1) “Geocaching” means an outdoor recreational
activity whereby participants use navigational tools to hide and search for a
container that is placed in a publicly-accessible place; and
(2) “Letterboxing” means an outdoor recreational
activity whereby participants use clues to hide and search for a box that is
placed in a publicly-accessible place; and
(3) “Earthcache” means a type of geocache
activity that directs participants to a special geological location to learn
about a unique feature of the Earth.
(b) No person shall place objects on DRED properties for the purpose of geocaching or letterboxing,
or shall develop an earthcache or other virtual cache for a DRED property,
unless written permission has been granted by authorized DRED personnel.
(c) A written
request for geocaching or letterboxing shall be made by contacting the regional
supervisor, park manager or forest manager and providing the following:
(1) Proposed
location of geocache or letterbox, including global positioning system
coordinates, datum or clues;
(2) Type of
container to be used;
(3) Where and
how the geocache or letterbox is listed or advertised;
(4) Contact information, including name, address, telephone
or cell phone number and email address;
(5) Length of
time the geocache or letterbox will be in place; and
(6) That the
geocache or letterbox shall be maintained by the requestor or designee during
the length of time.
(d) Geocaching or letterboxing shall be approved
in writing if the regional supervisor, park, trails or forest supervisor or
manager determines:
(1) Placement,
discovery and removal will not damage or disturb natural resources. “Natural resources” means flora, trees and vegetation,
soils, water and wetland resources, geological features, and fauna, wildlife
and wildlife habitat; and
(2) The
activity will not cause harm or disturb other patrons.
(e) Cache and letterbox containers, including
ammunition canisters shall be permitted for use provided that:
(1) The
ammunition canister shall be painted in non-military colors if located within
300 feet of developed recreation areas, including parking lots, administrative
and maintenance facilities, dwellings, camps, cabins and yurts, bathhouses,
campgrounds, campsites, playgrounds, athletic fields, beaches, pavilions,
picnic areas, and boat launches; and
(2) The name of
the cache, the name of the owner of the cache and the date the department
granted approval for the cache shall be clearly labeled on the outside of all
containers and canisters.
(f) If the
regional supervisor, park, trails or forest supervisor or manager does not
approve a request pursuant to (d) above, the regional supervisor, park, trails
or forest supervisor or manager shall notify the person in writing of the
specific reasons for denial.
(g) Geocaches or letterboxes shall be removed at
the conclusion of the scheduled time period. Notification of removal shall be
made to the regional supervisor, park, trails or forest supervisor or
manager. The regional supervisor, park,
trails or forest supervisor or manager shall remove a geocache or letterbox
prior to the scheduled time period if the conditions under Res 7301.07 occurs,
for which DRED shall not be held liable or responsible for loss or damage of
such cache or letterbox, but shall make a reasonable attempt to notify the
owner.
Source. #10532, eff 3-1-14
Res
7301.27 Lost and Found Items.
(a) Any person who finds on a DRED property by
whatever means money or items whose value is in excess of $50.00 shall report
to and leave such money or items with an authorized DRED personnel.
(b) The authorized DRED personnel shall take the
following steps:
(1) If the
money or items was reported by a park guest as lost or missing, such money or
items shall be returned to the park guest upon adequate proof of ownership; or
(2) If the
money or items was not reported as lost or missing, such money or items shall
be retained by the authorized DRED personnel in a safe for a period of 60 days;
and
(3) Shall be
returned to the finder if the money or items are not claimed following the 60
day period.
(c) Money or items found that exceed a value of
$250, as determined by authorized DRED personnel, shall be subject to the
provisions of RSA 471-C regarding the custody and escheat of unclaimed and
abandoned property.
(d) Items found of historical, cultural or
archeological value, as determined by the either division director in
consultation with and based upon the technical expertise of the bureau of
historic sites supervisor and the department of cultural resources, division of
historical resources, shall remain the property of the state.
Source. #10532, eff
3-1-14
Res
7301.28 Feeding of Wildlife. The feeding of wildlife shall not be
permitted at any time, including the use of birdseed, rice, and other food-based
products for wedding processions and other events.
Source. #10532, eff
3-1-14
Res
7301.29 Smoking. Smoking shall be prohibited on those portions
of a beach that are posted as prohibited, in the interest of public health and
safety under Res 7301.07(b)(3), and Res 7301.15, littering and sanitation, as
determined by the department. For
purposes of this provision, smoking shall mean having in one's possession a
lighted cigarette, cigar, or pipe, or any device designed to produce the effect
of smoking, pursuant to RSA 155:65, XV.
Source. #10532, eff
3-1-14
Res
7301.30 Reckless Conduct.
(a) No person shall act in a manner which might cause
or contribute to self-injury or to the injury of others, or act in a manner
that creates a situation which requires or might require assistance for
themselves or others. If authorized DRED
personnel determine that an individual is behaving in such a manner, the
authorized DRED personnel shall immediately evict the individual from the
property and suspend any day-use ticket, parking fee, camping permit, and may
charge the individual with a violation and fine pursuant to Res 7301.04, and
suspend any season pass and special use permit, or other permit or pass.
(b) If a day-use ticket, parking fee, or daily
special use permit is suspended pursuant to (a) above, the department shall
retain such fees and hold an adjudicative hearing not later than 10 business
days from the date of suspension upon the request of the suspended ticket, fee
or permit holder. The hearing shall be
held in accordance with the provisions of Res 200.
(c) If a camping permit is suspended pursuant to
(a) above, the department shall follow remedial action pursuant to RSA 216-I:6.
(d) If a season pass or seasonally-based special
use permit is suspended pursuant to (a) above, the department shall retain such
fees and hold an adjudicative hearing pursuant to RSA 541-A:30, III.
Source. #10532, eff
3-1-14
PART Res 7302
USE OF CAMPGROUNDS
Res 7302.01 Applicability. In addition to all other rules in Res 7300,
the provisions of Res 7302 shall apply to all DRED properties listed in Res
101.06, and subsequent properties and easements upon acquisition, 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. #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); ss by #10532, eff 3-1-14
Res
7302.02 Camping.
(a) No person shall camp on DRED properties except
in designated campsites.
(b) Reservations for camping shall be made by
contacting the camping reservation office or online reservation service and
providing the following:
(1) The
camper's name;
(2) The
camper's mailing address;
(3) The camper's
telephone number and email address;
(4) The total
number of campers over the age of 18;
(5) The total
number of campers under the age of 18;
(6) The number
of nights being requested for reservation;
(7) The method
of payment; and
(8) Payment of
all fees, including a non-refundable reservation fees and campsite fees.
(c) Campsites shall not be registered to persons
under age 18.
(d) The maximum number of adults that can be registered
to a standard campsite shall be 4, except at certain remote, lean-to or family
camping campsites that can accommodate more or are restricted to fewer persons.
(e) At RV-only campgrounds, the maximum number of
persons registered to a campsite shall not exceed the number of persons the
recreational vehicle is designed to sleep.
(f) Adult groups shall not be permitted to
reserve youth group campsites without permission from the park manager or
regional supervisor, whose decision shall be based upon campsite availability
and reasonable mitigation of user conflicts.
(h) Changes to a camping reservation shall be
made by calling the camping reservation office at least one day prior to the
arrival date of the reservation, with payment of a non-refundable change
fee. Changing the name on a reservation
shall be considered a cancellation of the original reservation.
(i) Cancellations may be made up to and on the
arrival date of the reservation, with payment of a cancellation fee. The reservation fee shall be non-refundable.
(j) Reservations shall be non-transferrable at
the park.
(k) Refunds shall not be issued due to
weather. Refund requests shall be in
writing and mailed to: The NH
Reservation Information Office,
(l) Should the department close a campground
pursuant to Res 7301.07, the department shall refund unused portions of the
campsite fees, excluding the non-refundable reservation fee.
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); ss by #10532, eff 3-1-14
Res
7302.03 Camping Permits.
(a) Campers shall register with the DRED employee
or campground host to obtain a camping permit.
Identification shall be required as proof of the reservation and the camper
shall provide his or her vehicle registration number(s). A camper’s failure to register with the DRED
employee or campground host by noon of the day after the scheduled arrival date
shall forfeit the camping reservation.
(b) Campers shall not setup their campsite during
the hours of 10:00 PM through 7:00 AM, unless permission has been granted by
authorized DRED personnel who shall determine that the arrival can be
accommodated and shall not disturb other campers’ quiet enjoyment of the
campground.
(c) Camping permits shall be displayed in the
vehicle where easily visible from the exterior at all times. Campers not travelling by motor vehicle shall
display camping permits in a location easily visible at all times.
(d) Camping permits shall have a maximum duration
of 14 consecutive days at all campgrounds unless extended pursuant to paragraph
(e).
(e) 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 up to an additional maximum duration of 14 days.
(f) Campers shall pay any additional fees due,
including fees for each additional adult and child beyond the standard
reservation occupancy of 2 adults and up to 4 children.
(g) Camping permit fees shall be non‑refundable
and non‑transferable, Res 7302.02 (k),(1) excepted.
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); ss by #10532, eff 3-1-14
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 and any day-use visitors shall not conduct
activities that will disturb other campers’ quiet enjoyment of the campground
at any time, including but not limited to use of foul language and use of
generators.
(c) Campers shall have all fires extinguished by
11:30 P.M., or as determined by fire permit.
(d) Campers shall not have any day-use visitors
at their campsite between the hours of 10:00 P.M. and 7:00 A.M.
(e) Persons visiting campers shall be registered
for campground day-use. All applicable
fees and restrictions shall apply. The
maximum number of visitors allowed on a campsite shall not be exceeded, as
determined by the DRED employee or authorized campground host.
(f) Any visitor staying overnight shall be
registered for each night of their stay. All applicable fees and restrictions
shall apply to such visitors registered for overnight stays.
(g) Campers shall not leave campsites unattended
overnight without notifying authorized DRED personnel in advance.
(h) Campers shall dispose of all trash properly
by use of a campground trash dumpster if available or taking their trash with
them. Campers shall recycle materials in
marked recycle bins if available.
(i) The registered camper identified by the
camping permit shall be responsible for all members of his or her party or
group, including the disturbance of other campers and visitors and any damages
incurred.
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); ss by #10532, eff 3-1-14
(a) At any time, if a park manager or other
authorized DRED personnel determines that a camper or anyone in the party is violating
provision Res 7302.04, or causing environmental or property damage, or
endangering public health, safety or welfare, the park manager or other
authorized DRED personnel shall immediately suspend a camping permit pursuant
to RSA 216-I:6, and the camper shall be evicted from the property.
(b) Should a camping permit be suspended pursuant
to (a) above, the permit fee and all associated fees shall be retained by the
department, except for a portion of unused camping rental fees as allowed by
RSA 216-I:6, as may be amended, which states:
(1) Following
eviction, said person may make written request to the owner or operator or
their agent of such recreational campground or camping park within 30 days for
the refund of the unused portion of his prepaid campsite rental or visitor
fee. Upon such a request, such owner or
operator shall refund such unused portion of the fees, less any amount deducted
to pay for damages.
(c) Should a camping permit be suspended, the
camper shall be prohibited from applying for a camping permit for one year from
the date of the suspension.
Source. #10532, eff 3-1-14
PART Res 7303 USE OF WATERFRONT PARKS
Res 7303.01 Applicability. In addition to all other rules in Res 7300,
the provisions of Res 7303 shall apply to all DRED properties listed in Res
101.06, and subsequent properties and easements upon acquisition, 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. #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; ss by #10532, eff 3-1-14
Res
7303.02 Swimming.
(a) No person shall swim at any DRED facility where and when a day-use fee is charged except in areas designated by lifelines.
(b) Persons who swim at a designated swim area where a lifeguard is
not on duty shall do so at their own risk.
(c) Persons who swim at remote areas that are not
swim areas designated by lifelines shall swim at their own risk.
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); ss by #10532, eff
3-1-14
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); ss by #10532, eff |3-1-14
Res
7303.04 Beach Fires. No person
shall have fires or portable grills on any beach, except as permitted in Res 7301.14 (a) and (b).
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); ss by #10532, eff 3-1-14
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 state park.
Source. #8532, eff 1-1-06 (from Res 7304.04); ss by #10532, eff 3-1-14
Res
7303.06 Digging. No
person shall dig holes on sand beaches unless all resulting holes are
completely filled in prior to leaving the site.
Digging holes to a depth greater than 12 inches shall not be permitted.
Source. #8532, eff 1-1-06; ss by #10532, eff 3-1-14
Res
7303.07 Scuba Diving. No person
shall scuba dive in designated swimming areas, nor in Archery Pond in Bear
Brook state park.
Source. #8532, eff 1-1-06 (from Res 7304.05); ss by
#10532, eff 3-1-14
Res
7303.08 Swimming Instruction and
Handicapped Swimming Programs.
(a) Any non-profit community group such as the
Red Cross, YMCA, YWCA or community recreation department shall be eligible to
sponsor swimming classes and handicapped swimming programs at a DRED property
by submitting a request for a special use permit to the director on the
letterhead of the organization.
(b) The organization’s request shall be approved
if the director determines:
(1) The program
is open to the general public;
(2) There is
space available at the facility requested for use; and
(3) All
requirements of the special use permit pursuant to Res 7400, are met.
(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, a special
use permit shall be granted and the swimming program director or instructor
shall, prior to beginning any lessons, contact the park manager to receive
approval of the swimming lesson schedule and a location for the swimming
program, as determined by the park manager.
(e) The organization shall ensure that all
instructors are certified in Red Cross first aid and lifeguarding, or
equivalent.
(f) 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.
(g) 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).
(h) The instructor and instructor’s aide to
student ratio shall be one instructor for every 6 students.
(i) 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 DRED property each day unless other arrangements
have been made with the park manager.
(j) 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); ss by
#10532, eff 3-1-14
Res 7303.09
(a) In addition to all other rules in Res 7300 and
Res 7303, this section shall apply to only Hampton Beach state park, Hampton
Beach South, North Beach, North Hampton state beach, Jenness state beach,
Wallis Sands state park, Odiorne Point state park, Rye Harbor state park, and
seacoast historic sites, and any other seacoast park or area where a parking
fee or day-use fee is charged.
(b) Possession or consumption of alcoholic
beverages shall not be permitted, unless permission has been granted by special
use permit or group reservation pursuant to Res 7400.
(c) No person shall sleep in a vehicle located
within these areas between ½ hour after sunset and ½ hour before sunrise.
(d) The beaches shall be closed to the public
between the hours of 1:00 A.M. and ½ hour before sunrise, except for anglers.
(e) Inflatables and other floatation equipment,
life jackets, face masks, diving goggles, and snorkel tubes shall not be
permitted. Life preservers, life
jackets, personal flotation devices, and swim fins shall be permissible for
children 17 years and under, the handicapped, and the elderly requiring
additional safety equipment.
(f) 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.
(g) 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.
(h) Surfing and
surfboards shall not be permitted except at designated areas at
(i) Fishing shall not be permitted during the
hours of 9 a.m. to 5:30 p.m. when lifeguards are on duty, except for Odiorne
Point state park, Rye Harbor state park, along the entrance of Hampton River at
Hampton Beach South, at seacoast state historic sites and when permission is
granted by authorized DRED personnel based upon the number of visitors on the
beach.
(j) Landing or launching of motorized water-craft
shall not be permitted during the hours of 9 a.m. to 5:30 p.m. when
lifeguards are on duty, Odiorne Point state park,
(k) Landing or launching of air-craft shall not
be permitted, unless permission has been granted by special use permit pursuant
to Res 7400.
(l) No person shall use the following equipment
on the Hampton Beach state park boardwalk, which includes all pedestrian
walkways on the east side of Ocean Boulevard from Haverhill Avenue heading
north to the Marine Memorial:
(1)
Skateboards;
(2) Roller
skates, rollerblades, or roller skis;
(3) Tricycles
and bicycles;
(4) Motorized
bicycles; and
(5) Electronic
Personal Assistive Mobility Devices (EPAMDs), such as Segways.
(m) In the operation of the beach parking
facilities, the department shall:
(1) Issue a
parking citation and collect parking violation fines and fees pursuant to RSA
216:3, I and RSA 12-A:2-c, IV for parking violations consisting of any of the
following:
a. Exceeding
the vehicle length limit of 20 feet in a metered or leased parking space;
b. Parking with
an expired parking receipt;
c. Parking at
an expired meter or parking without a parking receipt displayed, with an
expired parking receipt, or with an improperly or unreadable receipt
displayed. Parking receipts shall be
displayed face-up on the dash of the vehicle; or
d. Parking
illegally in:
1. A leased
parking space;
2. A reserved
parking space;
3. A no parking
zone;
4. A pedestrian
crosswalk;
5. A
handicapped parking space;
6. A bus
parking space or area;
7. A motorcycle
parking space;
8. A roadway or
driveway;
9. Front of or
blocking a fire hydrant;
10. An
emergency vehicle or police only parking space; or
11. Over an
allocated parking space as indicated by painted white lines;
(2) Collect additional
parking violation fines for each meter overtime period or continued violation;
(3) Subject
motor vehicles whose owner has greater than 3 unpaid parking citations on
record to towing or immobilization at the owner's expense;
(4) Refer
delinquent and non-payment of parking violations fines and fees exceeding 60
days to the department’s collections agent;
(5) Refer
habitual offenders having 5 or more unpaid citations to the attorney general’s
debt recovery collections office;
(6) Allow a person
who has been issued a parking citation to request an appeal within 60 days of
the date the citation was issued by taking the following steps:
a. The claimant
shall complete the department’s Citation Review Form by providing the following
information in legible print:
1. Date of
request;
2. Name,
complete mailing address, day-time phone number, email address;
3. Citation
number, issue date; vehicle plate number;
4. Basis for why
claimant thinks the citation was issued in error, and any supporting documents;
and
5. Claimant’s
signature and date of signature, certifying that all information provided is
true, accurate, and complete; and
b. The claimant
shall send the department’s Citation Review Form to:
NH State Parks
Parking Citation Review
Fax: 603-271-3553
Email: disputes@dred.nh.gov
(7) Upon
receipt of the Citation Review Form appeal request, halt all additional
activity on the citation, including the assessment of additional fees, and
shall conduct an administrative review of the appeal as follows:
a. If the
department approves the appeal or approves a portion of the appeal, the
department shall determine the fines and fees due;
b. If the
department denies the appeal, the claimant shall pay the balance due within 15
calendar days of date of notice. Should
payment not be received by the department, the department shall reinstate
assessment of all late fees owed upon the 16th day;
c. Written
notification of the department’s decision on the appeal within 7-10 business
days, including any balance due; and
(8) Review an
appeal request that is submitted beyond the 60 day issue date of citation deadline
required in (6) above, only if the department did not have a valid current
address for the vehicle owner, and the request for appeal is submitted pursuant
to Res 7303.09(m)(6) a through b.
Source. #8532, eff 1-1-06 (from Res 7304.07); ss by
#10532, eff 3-1-14
Res 7304.01 Applicability. In addition to all other rules in Res 7300, 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; ss by #10532, eff 3-1-14
Res
7304.02 Trail Use Limitations. The public shall
not use sleds, toboggans, saucers and similar equipment, except snow tubes
provided by the state park, 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 7400.
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); ss by
#10532, eff 3-1-14
(a) Persons waiting to board chairlifts shall
maintain orderly lines and shall board the lift on a first come first served
basis.
(b) Children being carried and non‑skiers
shall not be permitted on any chairlift except the
(c) Lift riders shall not swing or jump from any
chairlift.
(d) Lift riders shall not throw anything from any
chairlift.
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); ss by
#10532, eff 3-1-14
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.
(c) Skis and poles shall not be permitted in the
dining and lounge areas of any buildings.
(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); ss by
#10532, eff 3-1-14
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); ss by
#10532, eff 3-1-14
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); ss by
#10532, eff 3-1-14
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); ); ss by #10532, eff 3-1-14
Res 7304.08 Reckless
Conduct.
(a) No person shall act in a manner which might cause
or contribute to self-injury or to the injury of others, or act in a manner
that creates a situation which requires or might require assistance for
themselves or others. If authorized DRED
personnel determine that an individual is skiing or riding in such a manner,
the authorized DRED personnel shall immediately evict the individual from the
property and suspend any day-use or season ski ticket pursuant to RSA 541-A:30,
III.
(b) If a day-use ski ticket is suspended pursuant
to (a) above, the department shall retain such fees and hold an adjudicative
hearing not later than 10 working days from the date of suspension upon the
request of the suspended ticket holder.
The hearing shall be held in accordance with the provisions of Res 200.
(c) If a season pass is suspended pursuant to (a)
above, the department shall retain such fees pending an adjudicative hearing
pursuant to RSA 541-A:30, III.
Source. #8532, eff
1-1-06, (from Res 7305.07); ss by #10532, eff 3-1-14
Res 7305.01 Applicability. In addition to all other rules in Res 7300, 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); ss by
#10532, eff 3-1-14
Res 7305.02 Trail
Use Limitations. No person shall use the following equipment
on the Franconia Notch recreational trail:
(a) Skateboards;
(b) Roller skates, rollerblades, or roller skis;
(c) Children’s
tricycles shall be prohibited except where permitted from the parking lot to the
Old Man Viewing Area;
(d) Motorized bicycles; or
(e) Electronic Personal Assistive Mobility
Devices (EPAMD), such as Segways.
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); ss by
#10532, eff 3-1-14
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); ss by #10532, eff 3-1-14
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;
(c) All trail users, including pedestrians, shall
keep to the right of the trail except when passing;
(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 or for restrictions
in public use pursuant to Res 7301.07.
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);
ss by #10532, eff 3-1-14
(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 7400.
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); ss by #10532, eff 3-1-14
Res
7305.06 Protection of Natural
Habitats. No person shall remove or
cut any plant or vegetation or damage any natural feature at any time, within
the high-elevation protected wildlife habitat zones at Franconia Notch state
park.
Source. #10532, eff
3-1-14
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; RSA 215-A:3-b, I RSA 215-C:3-a, I |
|
Res 7301.05 |
RSA 12-A:2-c, II (a) |
|
Res 7301.06 |
RSA 12-A:2-c, II (a); RSA 227-C:17, II |
|
Res 7301.07 through Res 7301.09 |
RSA 12-A:2-c, II (a) |
|
Res 7301.10 |
RSA 12-A:2-c, II (a); RSA 207:36-a |
|
Res 7301.11 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 7301.29 |
RSA 12-A:2-c, II (a) |
|
Res 7301.30 |
RSA 12-A:2-c, II (a); RSA 541-A:30, III |
|
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 7302.05 |
RSA 12-A:2-c, II (a); RSA 541-A:30, II and III |
|
Res
7303.01 through Res 7303.07 |
RSA
12-A:2-c, II (a) |
|
Res
7303.08 and Res 7303.09 |
RSA
12-A:2-c, II (a) and (b), IV; 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 7305.06 |
RSA
12-A:2-c, II (a) |