SB 121 – AS AMENDED BY THE HOUSE
03/31/05 0975s
08Jun2005… 1547h
2005 SESSION
04/03
SENATE BILL 121
AN ACT relative to all terrain vehicle trails.
COMMITTEE: Environment and Wildlife
This bill provides that a proposed ATV or trail bike trail shall not pass within 400 feet of a water well supplying a public water system. The bill also establishes a procedure for a proposed trail that will pass through a wellhead protection area.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/31/05 0975s
08Jun2005… 1547h
05-1021
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to all terrain vehicle trails.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 ATV and Trail Bike Operation on State Lands; Evaluation Process. Amend RSA 215-A:43, II(l) is repealed and reenacted to read as follows:
(l) The proposed trail does not pass within 400 feet of a water supply well for a community water system subject to RSA 485. If the proposed trail is to pass through a wellhead protection area as determined under RSA 485:48, II, the bureau shall explain in writing why no alternative locations on the state-owned property outside of the wellhead protection area are suitable for the placement of ATV or trail bike trails. The bureau shall, at least 45 days before the public meeting required by RSA 215-A:43, III is conducted, forward its written explanation, engineering design plans and associated facilities including parking areas and other trail network support features, to the governing body of a municipality serviced by the well. Such governing body may, within 30 days of receipt of the explanation, request a determination from the department of environmental services of the potential effect of the proposed trail on the quality of water derived from the community water supply well. The department of environmental services shall respond no later than 30 days after the public meeting under RSA 215-A:43, III. The proposed trail may only be constructed in a wellhead protection area on state-owned land if the department of environmental services determines that it is unlikely that the trail and associated facilities including parking areas and other trail network support features will affect the ability of the well to consistently produce drinking water which meets the standards set forth in RSA 485. The determination made by the department of environmental services may be appealed pursuant to RSA 21-O:7, IV within 30 days of issuance.
2 Effective Date. This act shall take effect upon its passage.