SB143 (2007) Detail

(3rd New Title) naming Jericho Mountain state park and establishing ATV and trail bike trails in such park.


CHAPTER 341

SB 143 – FINAL VERSION

04/05/07 1063s

07Jun2007… 1829h

06/27/07 2269CofC

06/27/07 2377eba

2007 SESSION

07-1202

10/01

SENATE BILL 143

AN ACT naming Jericho Mountain state park and establishing ATV and trail bike trails in such park.

SPONSORS: Sen. Gallus, Dist 1; Sen. Barnes, Dist 17; Sen. Roberge, Dist 9; Rep. Theberge, Coos 4; Rep. Buco, Carr 1; Rep. Ingram, Rock 4; Rep. L'Heureux, Hills 19

COMMITTEE: Energy, Environment and Economic Development

AMENDED ANALYSIS

This bill names Jericho Mountain state park in Berlin and allows waivers of certain criteria in the evaluation process for establishment of ATV and trail bike trails in such park.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/05/07 1063s

07Jun2007… 1829h

06/27/07 2269CofC

06/27/07 2377eba

07-1202

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT naming Jericho Mountain state park and establishing ATV and trail bike trails in such park.

Be it Enacted by the Senate and House of Representatives in General Court convened:

341:1 New Paragraphs; Jericho Mountain State Park. Amend RSA 215-A:43 by inserting after paragraph V the following new paragraphs:

VI. The property acquired for the purposes of developing ATV and trail bike trails in the city of Berlin by the department of resources and economic development, division of parks and recreation, bureau of trails, and any abutting land donated or acquired after the effective date of this paragraph, shall hereby be known as Jericho Mountain state park.

VII. Notwithstanding the provisions of this section to the contrary, at Jericho Mountain state park:

(a) An ATV or trail bike trail may be established and subsequently maintained within Jericho Mountain state park even though it:

(1) Is within 330 feet of a known raptor nest provided that it is not within 650 feet of trees with eagle or osprey nests; or

(2) Fails to comply with the criteria in RSA 215-A:43, II(o) and (q) to the extent that it is utilizing an existing surface roadway located within the protected area which would reduce adverse environmental impacts.

(b) Site specific waivers of the criteria specified in RSA 215-A:43, II(o) and (q) are only allowed on trails in Jericho Mountain state park provided that all of the following criteria are met:

(1) There is no practicable alternative location of the trail that would meet the criteria in RSA 215-A:43, II;

(2) The proposed trail location and construction is the least impacting alternative; and

(3) Conditions of the site specific waiver are authorized in writing by:

(A) The department of resources and economic development, in agreement with the fish and game department, for waivers at Jericho Mountain state park that will have no impact on water quality; or

(B) The department of resources and economic development, in agreement with the fish and game department and the department of environmental services for waivers at Jericho Mountain state park that may have an impact on water quality.

(c) A person may operate an OHRV within Jericho Mountain state park which weighs up to 1,200 pounds and is no wider than 60 inches.

VIII. This section shall not apply to department of transportation property required for trail crossing or connector permits at, or which directly connect to, Jericho Mountain state park.

341:2 Effective Date. This act shall take effect July 1, 2007.

Approved: July 16, 2007

Effective: July 1, 2007

Links

SB143 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB143 Revision: 11141 Date: Jan. 11, 2010, midnight

Docket