Revision: Jan. 11, 2010, midnight
CHAPTER 341
SB 143 – FINAL VERSION
04/05/07 1063s
07Jun2007… 1829h
06/27/07 2269CofC
06/27/07 2377eba
2007 SESSION
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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