TITLE XIX
PUBLIC RECREATION
Chapter 216-F
MULTI-USE STATEWIDE TRAIL SYSTEM
Section 216-F:1
216-F:1 Acquiring a Statewide Trail System. –
I. The commissioner of the department of natural and cultural resources may acquire by purchase, gift or devise any land, including but not limited to abandoned railroad and other public utility rights of way, private property, and easements over private property for the purpose of protecting or developing a statewide trail system.
II. Any expenditure for buildings or shelters along any of the acquired trail system, exceeding the sum of $500, shall be only expended on state owned lands following the normal budgetary procedures for any capital improvement.
III. Any department or agency of the state, or any political subdivision, district or authority may transfer to the department, land or rights in land for said purposes on such terms and conditions as may be agreed upon, or may enter into an agreement with the commissioner providing for the establishment and protection of said trail system. Provided, however, that no land except abandoned railroad beds, acquired after the effective date of this chapter by the state or any agency or political subdivision thereof through the exercise of the powers of condemnation or eminent domain shall be included in such trail system.
Source. 1973, 593:1, eff. Sept. 4, 1973. 2017, 156:14, I, eff. July 1, 2017.
Section 216-F:2
216-F:2 Use of Statewide Trail System. –
I. The trails within the system shall be held, developed and administered under this chapter primarily as recreational trails for hiking, nature walks, bird watching, horseback riding, bicycling, ski touring, snowshoeing, snowmobiling, mushing, and off highway recreational vehicles and the natural scenic beauty thereof and the wildlife corridors and habitat strongholds as defined in RSA 207:1 therein shall be preserved insofar as is practical; provided, however, that the commissioner may permit uses of trails and land acquired hereunder, by the owner of adjoining land or others, in such a manner and at such seasons as will not substantially interfere with the primary use of the trails. Use of motorized devices by mushers shall be limited to trails designated as appropriate for motorized use.
II. Nothing in this section shall be construed to limit the right of the public to pass over existing public roads which may be or become part of the trail system, deny any owner access to his land or prevent the department from performing such work as is necessary for the purpose of forest fire prevention and control, insect pest and disease control and the removal of damage caused by any natural acts.
III. The commissioner is authorized to zone and restrict use of any section of the trails after consultation with the director of the division of parks and recreation, the director of the division of forests and lands, the executive director of the department of fish and game, and such other local and state officials as he shall determine, who may be able to assist him in determining appropriate public uses for such trails. A restriction on the use of any type of a mechanized means of transportation on portions of the trail shall be imposed by the commissioner where, in his opinion, it would be most disruptive for the other stated principal trail uses.
Source. 1973, 593:1. 2005, 210:35. 2007, 228:2, eff. Aug. 24, 2007. 2019, 243:6, eff. Sept. 10, 2019.
Section 216-F:3
216-F:3 Powers of Commissioner. –
Upon recommendation of the commissioner, the governor and council may grant temporary or permanent rights of way across lands acquired under this chapter under such terms and conditions as may be advisable. The commissioner may enter into cooperative agreements with agencies of the federal government or with private organizations to provide for the maintenance of the trail system. No person who has granted a right of way for a trail across his land, or his successor in title, shall be liable to any user of the trail for injuries, suffered on said portion of the trail unless the same are caused by the wilful or wanton misconduct of the grantor or such successor in title, as the case may be.
Source. 1973, 593:1, eff. Sept. 4, 1973.
Section 216-F:4
216-F:4 Use of Funds. –
The department of natural and cultural resources is hereby authorized to use any funds which may become available to carry out the provisions of this chapter. Any available funds from the United States Land and Water Conservation Fund or other federal assistance programs may also be used to accomplish the provisions of this chapter.
Source. 1973, 593:1, eff. Sept. 4, 1973. 2017, 156:14, I, eff. July 1, 2017.
Section 216-F:5
216-F:5 Advisory Committee. –
I. The commissioner shall appoint a New Hampshire statewide trail system advisory committee, for the purposes of advising the director of parks and recreation on matters related to the New Hampshire statewide trail system. The members shall equally represent the different trail interests involved and the general public. This committee shall include, but not be limited to, representation from the following: the bureau of trails; department of fish and game; office of planning and development; department of transportation; governor's commission on disability; New Hampshire Snowmobile Association; a representative of Granite State ATV Association; Appalachian Mountain Club; New Hampshire Municipal Association; Society for the Protection of New Hampshire Forests; the New Hampshire Heritage Trail; the New Hampshire Farm Bureau Federation; the New Hampshire Horse Council, Inc.; the New Hampshire Mushers Association; a representative of landowners; and the bicycle trail coordinator from the department of transportation.
II. OHRV trails, snowmobile trails, the New Hampshire Heritage Trail, and trail planning and development shall be specific items on the agenda of this advisory committee.
III. The advisory committee shall meet at least twice annually.
IV. [Repealed.]
V. [Repealed.]
Source. 1973, 593:1. 1983, 449:30. 1993, 53:13. 1996, 221:2, 5. 2003, 295:11; 319:9. 2004, 257:44. 2005, 210:36. 2007, 228:3. 2010, 368:1(23), eff. Dec. 31, 2010. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.
Section 216-F:6
216-F:6 Best Management Practices; Limit on Expenditures. –
The commissioner of the department of natural and cultural resources shall identify and publish best management practices for erosion control during trail maintenance and construction. The practices shall be based on the type of activity that is occurring or may occur on a trail, site conditions such as terrain, soil type, and water presence and flow. State funds shall only be expended for work on wheeled OHRV trails that are constructed and maintained in accordance with the best management practices.
Source. 2003, 295:12, eff. July 1, 2003. 2017, 156:14, I, eff. July 1, 2017.
Commission to Study and Recommend Improvements to the New Hampshire Hiking Trails Network
Section 216-F:7
216-F:7 Repealed by 2016, 268:2, effective Nov. 1, 2017. –