New Hampshire Revised Statutes 215-A:42 – ATV and Trail Bike Trails
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I. No ATV or trail bike trail shall be established after the effective date of this paragraph or subsequently maintained on state-owned property unless all of the following conditions are met:
(a) The property has been evaluated by the bureau in cooperation with the department of fish and game and the department of natural and cultural resources, division of forests and lands, and other state agencies that are custodians of the property using the coarse and fine filter criteria, established under N.H. Rev. Stat. § 215-A:43, and has passed such criteria as determined by the commissioner of the department of natural and cultural resources and the executive director of the department of fish and game.
(b) A memorandum of understanding (memorandum) exists between the bureau, the fish and game department, the department of natural and cultural resources, division of forests and lands, and all other state agencies that are custodians of the property. The memorandum shall include, but not be limited to, the responsibilities that each agency has in monitoring, maintaining, and enforcing relevant laws relative to the trail and the type of OHRV permitted on approved trails. The bureau shall enter into the memorandum only if it is certain that proper monitoring and maintenance of the trail shall occur, either through its own resources or those of others. The fish and game department shall enter into the memorandum only if it can commit sufficient resources to reasonably monitor for proper ATV or trail bike use on the property and enforce the applicable laws.
(c) A written agreement is in effect between the bureau and a locally-organized ATV or trail bike club recognized by the bureau that details the club’s ongoing responsibilities, including but not limited to, monitoring the use and condition of the trail, erecting signage, educating operators, performing maintenance, and monitoring compliance with laws and regulations. Should the club fail to fulfill some or all of its responsibilities, the bureau or its agent may assume such responsibilities provided sufficient resources are available and committed.
(d) A management plan exists for the property that specifically allows ATV or trail bike use on the property, and the ATV or trail bike trail does not otherwise conflict with the management plan. Any state agency proposing to establish or change a management plan that affects ATV or trail bike use on state property shall publicize such plan and provide the public with the opportunity to comment on the plan before enactment.
II. An ATV or trail bike trail on state-owned property may be closed to ATV or trail bike use by the bureau, if the bureau finds that:
(a) ATV or trail bike use on the property is not in conformance with this chapter;
(b) Responsibilities assumed by the locally-organized ATV or trail bike club pursuant to subparagraph I(c) are not being met; or
(c) Provisions of the memorandum between the state agencies as entered into pursuant to subparagraph I(b) require such closure.
III. The bureau may not permanently close a trail under paragraph II to ATV or trail bike use except upon a request made to the commissioner of natural and cultural resources to act under N.H. Rev. Stat. § 216-F:2, III, and not without first holding a public hearing in the local area in which the trail is located. Such hearing shall be noticed to the requesting party and the governing body of the affected municipalities and advertised at least 14 days prior to the hearing in a newspaper of statewide circulation and also in any local newspapers to the cities and towns in which the state property is located.
(a) The property has been evaluated by the bureau in cooperation with the department of fish and game and the department of natural and cultural resources, division of forests and lands, and other state agencies that are custodians of the property using the coarse and fine filter criteria, established under N.H. Rev. Stat. § 215-A:43, and has passed such criteria as determined by the commissioner of the department of natural and cultural resources and the executive director of the department of fish and game.
Terms Used In New Hampshire Revised Statutes 215-A:42
- Bureau: means the bureau of trails in the department of natural and cultural resources. See New Hampshire Revised Statutes 215-A:1
- Executive director: means the executive director of the fish and game department. See New Hampshire Revised Statutes 215-A:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- OHRV: means off highway recreational vehicle. See New Hampshire Revised Statutes 215-A:1
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trail bike: means any motor-driven wheeled vehicle on which there is a saddle or seat for the operator or passenger or both and which is designed or adapted for travel over surfaces other than maintained roads, whether covered by ice or snow or not. See New Hampshire Revised Statutes 215-A:1
(b) A memorandum of understanding (memorandum) exists between the bureau, the fish and game department, the department of natural and cultural resources, division of forests and lands, and all other state agencies that are custodians of the property. The memorandum shall include, but not be limited to, the responsibilities that each agency has in monitoring, maintaining, and enforcing relevant laws relative to the trail and the type of OHRV permitted on approved trails. The bureau shall enter into the memorandum only if it is certain that proper monitoring and maintenance of the trail shall occur, either through its own resources or those of others. The fish and game department shall enter into the memorandum only if it can commit sufficient resources to reasonably monitor for proper ATV or trail bike use on the property and enforce the applicable laws.
(c) A written agreement is in effect between the bureau and a locally-organized ATV or trail bike club recognized by the bureau that details the club’s ongoing responsibilities, including but not limited to, monitoring the use and condition of the trail, erecting signage, educating operators, performing maintenance, and monitoring compliance with laws and regulations. Should the club fail to fulfill some or all of its responsibilities, the bureau or its agent may assume such responsibilities provided sufficient resources are available and committed.
(d) A management plan exists for the property that specifically allows ATV or trail bike use on the property, and the ATV or trail bike trail does not otherwise conflict with the management plan. Any state agency proposing to establish or change a management plan that affects ATV or trail bike use on state property shall publicize such plan and provide the public with the opportunity to comment on the plan before enactment.
II. An ATV or trail bike trail on state-owned property may be closed to ATV or trail bike use by the bureau, if the bureau finds that:
(a) ATV or trail bike use on the property is not in conformance with this chapter;
(b) Responsibilities assumed by the locally-organized ATV or trail bike club pursuant to subparagraph I(c) are not being met; or
(c) Provisions of the memorandum between the state agencies as entered into pursuant to subparagraph I(b) require such closure.
III. The bureau may not permanently close a trail under paragraph II to ATV or trail bike use except upon a request made to the commissioner of natural and cultural resources to act under N.H. Rev. Stat. § 216-F:2, III, and not without first holding a public hearing in the local area in which the trail is located. Such hearing shall be noticed to the requesting party and the governing body of the affected municipalities and advertised at least 14 days prior to the hearing in a newspaper of statewide circulation and also in any local newspapers to the cities and towns in which the state property is located.