227-L:2 Duties and Authority of Director. –
I. The director shall:
(a) Divide the state into forest fire districts to more effectively carry out a statewide forest fire control program.
(b) Maintain the present forest fire towers, establish and maintain additional towers connected by telephone lines or radio communication, and use aircraft and other available means for surveillance, detection, reporting, and control of forest fires and shall have the right to receive and hold, in the name of the state, gifts of land for observatory sites and rights of way for paths and telephone and electric lines.
(c) Establish an adopt-a-forest fire tower program by directly involving interested citizens, groups, associations, municipalities, and businesses in the maintenance of New Hampshire's state fire forest towers. The director shall develop and recommend rules to be adopted by the commissioner, pursuant to RSA 541-A, relative to implementing the adopt-a-forest fire tower program, including an application and evaluation procedure to allow interested parties to adopt a forest fire tower, and a procedure for terminating an adopt-a-forest fire tower agreement.
II. The director may:
(a) Purchase firefighting equipment for resale to towns on such terms as the commissioner may approve.
(b) Cooperate with the forestry departments of the states of Maine, Massachusetts, and Vermont in the establishment and maintenance jointly of forest fire towers serving New Hampshire and any of such other states.
(c) Establish, at advantageous points throughout the state, supply stations for tools and apparatus used in firefighting and provisions necessary to personnel employed, make proper maps for the use of forest rangers and wardens, build fire trails and fire lines, employ paid patrols at suitable points and at necessary times, and use other means as seem advisable to the commissioner within the limits of the appropriation.
III. The director, or the director's authorized agents shall:
(a) Be the primary enforcement agency for this chapter.
(b) Enforce the provisions of RSA 637 insofar as they pertain to the protection and improvement of woodlands.
IV. The director or the director's authorized agents may:
(a) For the purpose of performing the duties under this chapter, enter upon all lands in this state, posted or otherwise.
(b) Exercise the powers of arrest pursuant to RSA 227-G:7.
(c) Issue a written cease and desist order against any operation in violation of this chapter. Any such violation may be enjoined by the superior court, upon application of the attorney general. A person failing to comply with the cease and desist order shall be guilty of a violation.
V. The director, with the approval of the commissioner and after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violation of this chapter.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
VI. The proceeds of administrative fines levied pursuant to paragraph V shall be deposited by the commissioner into the forest protection personnel training fund established under RSA 227-G:5, III.
Source. 1995, 299:1. 2010, 108:2-4, eff. July 31, 2010.