227-K:3 Designation of Control Areas. –
I. The director may publicize information concerning forest insects and diseases.
II. Control areas may be designated upon determination of the director, in consultation with the commissioner, the state entomologist, the commissioner of the department of agriculture, other agencies as necessary, and affected landowners, that an exotic, non-native forest insect or disease poses a significant threat to forests and that there is the potential for localized infestations to spread to adjacent lands. Notification of such designation may be provided as authorized under paragraph I.
III. (a) A landowner within a control area shall carry out such control measures as are ordered by the director, to the extent practical and where proven technology is available, including but not limited to, the removal and destruction of any plants harboring insects or diseases.
(b) If such control measures are not immediately taken by the property owner, the director or authorized agent may remove and destroy infected vegetation from any land within the control area. Cost of actions taken by the state shall be borne by the state.
(c) A landowner's right to appeal a decision by the director under this chapter shall be provided in rules adopted by the commissioner under RSA 541-A.