CHAPTER Res 8100  BUREAU OF TRAILS, DIVISION OF PARKS AND RECREATION, DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT - REPEALED

 

Source.  #4391-a, eff 3-30-88; EXPIRED 3-30-94

 

New.  #5946, eff 12-23-94; rpld by #7457, eff 3-1-01

 

CHAPTER Res 8200  RESERVED

 

CHAPTER Res 8300  RESERVED

 

Source.  #4391-a, eff 3-30-88; ss by #5594, eff 3-12-93; ss by #5946, eff 12-23-94; rpld and moved by #6209, eff 3-22-96 (See Res 101.06)

 

CHAPTER Res 8400  RULES FOR THE GRANT-IN-AID PROGRAM

 

Statutory Authority:  RSA 215-A:3-a, III and RSA 215-C:3, II

 

PART Res 8401  PURPOSE AND SCOPE

 

          Res 8401.01  Purpose of the Grant-In-Aid Program.

 

          (a)  The purpose of the grant-in-aid program is to provide assistance to off highway recreational vehicle (OHRV) clubs, snowmobile clubs and political subdivisions for projects which will benefit the ridership of OHRVs, snowmobiles, or both.

 

          (b)  The intent of the program is to enhance the development, maintenance, construction, grooming and safety of public use OHRV and snowmobile trails in New Hampshire.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8401.02  Scope.  These rules shall only apply to OHRV clubs, snowmobile clubs, and political subdivisions as defined by Res 8402.01(e), (f) and (g).

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

PART Res 8402  DEFINITIONS

 

          Res 8402.01  Definitions.

 

          (a)  "Bureau chief" means the chief supervisor for the bureau of trails within the department of resources and economic development.

 

          (b)  “Class 1 and 2 equipment” means a snowmobile, either standard or wide tracked, an ATV or UTV, or similar style vehicle, which is used for trail grooming or maintenance. 

 

          (c)  "Class 3 equipment" means a tractor used to groom or maintain trails with a horsepower range of 48 to 80 and a vehicle width between 60 inches and 72 inches.

 

          (d)  "Class 4 equipment" means a tractor used to groom or maintain trails with a horsepower range of 81 to 100 and a vehicle width between 76 inches and 86 inches.

 

          (e)  "Class 5 equipment" means a tractor used to groom or maintain trails with a horsepower range of 101 or more and a vehicle width of 87 inches or more.

 

          (f)  “Grant-in-Aid (GIA)” means the program administered by the Department of Resources and Economic Development, Bureau of Trails, pursuant to Res 8400.

 

          (g)  “Grooming or maintenance implement” means drags, rock rakes, blades, or any other attachment purchased, and used on, or towed behind equipment for the purpose of trail maintenance or grooming.

 

          (h)  “OHRV advisory committee” means the volunteer committee which advises the bureau chief about grants in aid projects.  The committee shall be made up of an OHRV representative from each bureau district which is recommended to the bureau chief by the NH off highway vehicle association, and approved by the bureau chief, based upon the trail maintenance and volunteer club experience of the individual.

 

          (i)  "OHRV club" means "OHRV club" as defined in RSA 215-A:1, V-a, namely "an organized, dues-paying group of OHRV users with bylaws, registered with the secretary of state as a nonprofit organization."

 

          (j)  "Political subdivision" means a town, city, county, or another department or division of the state.

 

          (k)  “Snowmobile advisory committee” means the volunteer committee which advises the bureau chief about grants in aid projects.  The committee shall be made up of a snowmobile representative from each county which is recommended to the bureau chief by the NH snowmobile association, and approved by the bureau chief, based upon the trail maintenance and volunteer club experience of the individual.

 

          (l)  "Snowmobile club" means "snowmobile club" as defined in RSA 215-C:1, XVI, namely "an organized, dues-paying group of snowmobile users with bylaws, registered with the secretary of state as a nonprofit organization."

 

          (m)  "Trail administrator" means a member of an OHRV club, snowmobile club or political subdivision designated or elected to enter into agreements with the bureau for grant-in-aid purposes.

 

          (n)  "Winter season" means the months of November through April and when the ground is predominantly covered with snow.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

PART Res 8403  PROGRAM INFORMATION

 

          Res 8403.01  Uses of Grant-In-Aid.  Grant-in-aid (“GIA”) shall be used for the development and maintenance of OHRV and snowmobile trails on private, state, federal, or municipal lands.  All state, federal or municipal permits required shall be the responsibility of the OHRV club, snowmobile club or political subdivision applying for grant-in-aid.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8403.02  Percentages of Grant-In-Aid.  Grant-in-aid shall be limited to the following percentages:

 

          (a)  100% of the cost of purchasing materials for trail construction and maintenance;

 

          (b)  60% of the cost of renting equipment required to complete a project;

 

          (c)  60% of the cost of purchasing trail grooming equipment;

 

          (d)  75% of the cost of reconditioning trail grooming equipment;

 

          (e)  70% of the cost of operations for summer trail grading and winter trail grooming;

 

          (f)  50% of the cost of parking lot snow removal;

 

          (g)  50% of the cost of liability insurance premiums for trail grooming equipment; and

 

          (h)  100% of trail signs funded by the program and provided by the bureau.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8403.03  Reduction of Grant-In-Aid.

 

          (a)  Should OHRV or snowmobile revenues fall short of the estimated amounts, grant-in-aid awards shall be reduced by the amount of the revenue shortfall.  If GIA revenues are insufficient to fund projects at the percentages noted in Res 8403.02, the bureau shall have the ability to offer partial funding to a club, which is lower than those proportions noted in Res 8403.02, and the club may determine if they wish to accept the lower project funds.

 

          (b)  Any non-GIA grant(s) received for purchases of equipment shall be deducted from the total cost of a new or used piece of equipment before calculating a grant in aid award.

 

          (c)  In the event that a club is purchasing new equipment, and that club is selling or trading-in property previously purchased through the GIA program as part of the financing for that new equipment, then the bureau shall compare the value of that sale or trade-in against the amount of the purchase price not covered by the GIA award.  If the sale or trade-in value is greater than the proportion of the purchase price not covered by the GIA award, then the Bureau shall reduce the GIA award below that specified in Res 8403.02 to the extent necessary to prevent the combination of the sale or trade-in value and the GIA award from exceeding 100% of the value of the new equipment.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8403.04  Deadlines for Submitting Applications.

 

          (a)  Grant-in-aid applications, pursuant to Res 8405.01 and 8405.02, for projects to be accomplished during the upcoming summer season shall be submitted no sooner than April 1 and no later than May 15 of each year.  Projects shall include trail construction and maintenance, purchase and reconditioning of trail grooming equipment, summer grading operations, reimbursement of liability insurance premiums for trail grooming equipment, and trail sign orders.

 

          (b)  Grant-in-aid applications, pursuant to Res 8405.01 and 8405.02, for projects to be accomplished during the upcoming winter season shall be submitted no sooner than September 1 and no later than October 15 of each year.  Projects shall include winter grooming operations and parking lot snow removal.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8403.05  Authorized Trail Administrator.  Each OHRV club, snowmobile club and political subdivision requesting grant-in-aid shall authorize a trail administrator to represent their organization and shall complete and submit the signature page of the Grant In Aid Application Form 8405.01, 8405.02 or 8405.03, 2015 Version, as applicable.  The trail administrator’s name shall be listed on the application.

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8403.06  Landowner Permission.  All OHRV clubs, snowmobile clubs and political subdivisions seeking grant-in-aid for trail construction or maintenance shall obtain written landowner permission.  Written permission shall not be required for summer grading and winter grooming operations, provided that the trail administrator verifies by signing the grant-in-aid application that permission has been received.

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8403.07 GPS/GIS Map Data.  By October 2016 all clubs shall have their trail system mapped using GPS tracks and submit the information to the bureau annually.  Clubs that have not provided trail locations in GPS, or other acceptable format, shall not be eligible for grant funds starting in 2017.  Trails shall not need to be mapped using GPS tracks annually, but a GPS track quality map shall be provided annually and data for trail reroutes provided.

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

PART Res 8404  PROJECT REQUIREMENTS

 

          Res 8404.01  Multiple Projects.  Only one application shall be required for multiple projects having the same application deadline provided that each listed project meets the criteria outlined in this part.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08; ss by #10850, eff 6-17-15

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8404.02  Trail Construction and Maintenance.  Any project for trail construction and maintenance shall include the following to be submitted with the application:

 

          (a)  A detailed description of the proposed project;

 

          (b)  A statement of the type of work necessary to complete the project;

 

          (c)  A copy of landowner permission for the project area as required by Res 8403.06; and

 

          (d)  A detailed trail map of the project area.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8404.03  Purchase of Trail Grooming or Maintenance Equipment.  Any project for the purchase of trail grooming or maintenance equipment shall:

 

          (a)  Include a detailed description of the equipment to be submitted with the application that provides:

 

(1)  The year of manufacture;

 

(2)  The make of the equipment;

 

(3)  Engine size;

 

(4)  Fuel type; and

 

(5)  Optional equipment desired;

 

          (b)  Include a signed quote from a proposed vendor including the proposed vendor’s address and telephone number to be submitted with the application;

 

          (c)  If the applicant for a trail grooming equipment grant is also selling or trading equipment previously purchased through the grant-in-aid program to another OHRV club, snowmobile club or political subdivision, include a detailed description of the equipment to be submitted with the application that provides:

 

(1)  The make, model and size of the equipment;

 

(2)  The year of manufacture;

 

(3)  The original cost of the equipment;

 

(4)  The amount of grant-in-aid provided for the purchase of the equipment; and

 

(5)  The year of purchase by the applicant;

 

          (d)  Include an agreement by the grantee to maintain equipment purchased through the grant-in-aid program in good mechanical condition; and

 

          (e)  Include an insurance policy for all equipment purchased through the GIA program sufficient to cover the equipment’s actual cash value for the term of the GIA award pursuant to Res 8404.04:

 

(1)  The insurance policy shall name the State of New Hampshire as a certificate holder.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8404.04  Terms of Ownership.

 

          (a)  No equipment previously purchased through the grant-in-aid program shall be sold or traded by a grantee except as follows:

 

(1)  For class 1 or 2 equipment previously purchased through the GIA program, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if the equipment has been in the possession of the club for 7 years from the date of the purchase;

 

(2)  For any equipment that was in new condition when purchased through the GIA program and not subject to (1) above, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if:

 

a.  The equipment has been in the possession of the club for 7 years from the date of purchase; and

 

b.  The equipment has had 3000 hours of operation; 

 

(3)  For any equipment that was in used condition when purchased through the GIA program and not subject to (1) above, the club may sell or trade the equipment, and the state shall no longer claim any interest in the machine and its disposal if:

 

a.  The equipment has been in the possession of the club for 5 years from the date of purchase; and

 

b.  The equipment has had 1300 hours of operation; 

 

(4)  For any trail grooming or maintenance implements purchased through the GIA program, the club may sell or trade the implement and the state shall no longer claim an interest in the property if the implement has been in the possession of the club for 7 years from the date of purchase;

 

(5)  If (1), (2), (3), and (4) above do not apply, and the equipment is no longer being used to provide trail maintenance or grooming services on trails used by the general public, then the club may sell the property provided that upon receipt of the sale proceeds the club shall return funds to the bureau in the same proportion as the bureau funded the initial purchase price;

 

(6)  For any equipment owned by a club that ceases to participate in the GIA program, maintain public trails, disbands without reforming, or disbands without being absorbed into another participating organization, and to which (1) through (5) do not apply, the club shall:

 

a.  Give the bureau the first opportunity to purchase the equipment for the non-GIA proportion of the equipment’s value; and

 

b.  If the bureau does not purchase the property pursuant to (a) above, reimburse the GIA program a portion of the sale price in the same proportion as the bureau funded the initial sale price;

 

(7)  If a piece of equipment is replaced in violation of (1) through (6), above, then the replacement equipment shall be subject to the same terms and conditions set forth upon the original grant funded equipment for the remainder of the time period during which the club could not sell or trade that equipment without further violating 8404.04;

 

          (b)  The State of New Hampshire shall retain an interest in the form of a lien on any and all equipment purchased through the grant-in-aid program.  The Bureau shall file a financing statement with the Secretary of State pursuant to RSA 382-A:9.  The financing statement shall:

 

(1)  Describe the equipment subject to the lien;

 

(2)  Identify the club that owns the equipment; and

 

(3)  Identify the State of New Hampshire as the secured party.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8404.05  Reconditioning of Trail Grooming Equipment. 

 

          (a)  Any project for the reconditioning of trail grooming equipment shall:

 

(1)  Be limited to class 3, 4 and 5 of grooming tractors;

 

(2)  Have a minimum of 3,000 hours of operation or be a minimum of 7 years of age from date of manufacture;

 

a.  for previously reconditioned grooming equipment, have another 1,700 hours of operation;

 

(3)  Include a detailed description of the equipment to be submitted with the application that provides:

 

a.  The year of manufacture;

 

b.  The make of the equipment;

 

c.  Engine size;

 

d.  Fuel type; and

 

e.  Optional equipment;

 

(4)  Include a letter of justification for purchasing the equipment to be submitted with the application that provides:

 

a.  A list of currently owned equipment;

 

b.  The condition of the equipment; and

 

c.  Any repair costs for the equipment;

 

(5)  Include a signed quote from an authorized manufacturer’s representative including the representative’s address and telephone number to be submitted with the application; and

 

(6)  Include an agreement by the grantee to maintain equipment reconditioned through the GIA program in good mechanical condition.

 

          (b)  Clubs shall retain and operate any equipment reconditioned through the grant-in-aid program for a minimum of 3 years, and 800 hours, from date of reconditioning, in addition to the requirements of Res 8404.04, before selling or trading the equipment.  Clubs that sell or trade grooming equipment within 3 years, and less than 800 hours of operation, of a reconditioning grant shall reimburse the State of New Hampshire GIA program 50% of the reconditioning grant value.

 

          (c) The State of New Hampshire shall retain an interest in the form of a lien on any and all equipment reconditioned through the grant-in-aid program.  The Bureau shall file a financing statement with the Secretary of State pursuant to RSA 382-A:9.  The financing statement shall:

 

(1)  Describe the equipment subject to the lien;

 

(2)  Identify the club that owns the equipment; and

 

(3)  Identify the State of New Hampshire as the secured party.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.04)

 

          Res 8404.06  Summer Trail Grading Operations.  Any project for summer trail grading operations shall include the following to be submitted with the application:

 

          (a)  A trail map, identifying the areas to be graded;

 

          (b)  The total one-way mileage of trails to be graded;

 

          (c)  A grading schedule that includes grading frequencies for areas identified in (a) above; and

 

          (d)  A detailed description of the grading equipment to be used including the make, model and size.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.05)

 

          Res 8404.07  Winter Trail Grooming Operations.  Any project for winter trail grooming operations shall include the following to be submitted with the application:

 

          (a)  A trail map, identifying the areas to be groomed;

 

          (b)  The total one-way mileage of trails to be groomed;

 

          (c)  A grooming schedule that includes grooming frequencies for areas identified in (a) above; and

 

          (d)  A detailed description of the grooming equipment to be used including the make, model and size.

 

Source.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.06)

 

          Res 8404.08  Parking Lot Snow Removal.  Any project for snow removal from parking lots shall include the following to be submitted with the application:

 

          (a)  A map clearly showing the location of the parking lot;

 

          (b)  A detailed description of the parking lot including the size and approximate number of parking spaces available; and

 

          (c)  An estimate of the expected cost of snow removal for the upcoming winter season.

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.07)

 

          Res 8404.09  Liability Insurance for Trail Grooming Equipment. 

 

          (a) Any project for the reimbursement of liability insurance premiums paid for trail grooming equipment shall include the following to be submitted with the application:

 

(1)  A copy of the insurance certificate; and

 

(2)  A copy of paid receipts;

 

          (b)  Liability insurance premium payments requested through the grant in aid program shall be considered for approval only during winter seasons where there is less than average snow fall for grooming, which shall be determined regionally in the state by the bureau chief.

 

          (c) Such determination shall be made by March 1 of each winter and noticed to all clubs participating in the GIA program.

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.08)

 

          Res 8404.10  Trail Signs.  Any project for trail sign orders shall include a detailed trail map showing the location of the project area to be submitted with the application.

 

Source.  #10850, eff 6-17-15 (from Res 8404.09)

 

PART Res 8405  APPLYING FOR GRANT-IN-AID

 

          Res 8405.01  OHRV Grant-In-Aid Program Application.  OHRV clubs and political subdivisions applying for grant-in-aid for summer OHRV projects shall complete, and submit, the OHRV Grant-In-Aid Program Application Form 8405.01, 2015 Version.  Projects shall include trail construction and maintenance, purchase and reconditioning of trail grooming equipment, summer trail grading operations, reimbursement of liability insurance premiums for trail grooming equipment, and trail sign orders.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8405.02  Snowmobile Grant-In-Aid Program Application.  Snowmobile clubs and political subdivisions applying for grant-in-aid for summer snowmobile projects shall complete, and submit the Snowmobile Grant-In-Aid Program Application Form 8405.02, 2015 Version.  Projects shall include trailconstruction and maintenance, purchase and reconditioning of trail grooming equipment, reimbursement of liability insurance premiums for trail grooming equipment, and trail sign orders.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8405.03  Snowmobile Grooming and Snow Removal Grant-In-Aid Program Application.  Snowmobile clubs and political subdivisions applying for grant-in-aid for winter snowmobile projects shall complete, and submit, the Snowmobile Grooming and Snow Removal Grant-In-Aid Program Application Form 8405.03, 2015 Version.  Projects shall include winter trail grooming operations and/or parking lot snow removal.

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8405.04  Required Project Information.  OHRV clubs, snowmobile clubs or political subdivisions shall submit required project information pursuant to Res 8404 with an application.

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8405.05  Submitting an Application.  The OHRV club, snowmobile club or political subdivision shall mail or hand-deliver a completed application and all attachments, in accordance with the deadlines established in Res 8403.04, to:

 

Department of Resources and Economic Development

Bureau of Trails

172 Pembroke Road

Concord, NH  03302-1856

 

Source.  #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

PART Res 8406  REVIEW OF GRANT-IN-AID APPLICATIONS

 

          Res 8406.01  Review of Grant-In-Aid Applications.

 

          (a)  The bureau shall review all grant-in-aid applications within 15 working days of the deadlines established in Res 8403.04, with recommendations from the OHRV or snowmobile advisory committee, and shall recommend approval or denial of grant-in-aid to the bureau chief.  In making a decision the bureau chief shall consider the advisory committees input. 

 

          (b)  The bureau chief shall approve an application if:

 

(1)  Significant control over the trail or project area is shown, such as landowner permission and equipment for project;

 

(2)  Adequate resources are available to support the project, such as snowfall, land for development, and nearby services to assist trail users;

 

(3)  Anticipated levels of trail use can justify expenditures;

 

(4)  Needs of the area and trail system are met;

 

(5)  The project area is accessible to the public trail user;

 

(6)  Public facilities are available, such as parking, fuel, lodging, and food;

 

(7)  Environmental impacts are minimized and natural features are preserved where possible; and

 

(8)  All applicable statutes and rules with previous grant-in-aid projects have been complied with.

 

          (c)  Following approval of an application, the bureau chief shall forward to the OHRV club, snowmobile club or political subdivision, a grant-in-aid agreement for signature by the trail administrator.

 

          (d)  The signed grant-in-aid agreement shall be returned to the bureau for execution.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

PART Res 8407  NOTIFICATION

 

          Res 8407.01  Notification.

 

          (a)  Following approval of a grant-in-aid agreement, the bureau chief shall forward to the OHRV club, snowmobile club or political subdivision, within 20 days of approval, one completely executed copy of the grant-in-aid agreement and a letter of acceptance.

 

          (b)  In the event a grant-in-aid application is denied, the reason for such denial shall be made in writing to the applicant.

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

PART Res 8408  REIMBURSEMENT REQUIREMENTS

 

          Res 8408.01  Grant-In-Aid Billing Form.

 

          (a)  OHRV clubs, snowmobile clubs and political subdivisions requesting reimbursement for approved grant-in-aid projects shall complete, and submit, the Grant-In-Aid Billing Form 8408.01, 2015 Version.

 

          (b)  The club or political subdivisions shall include a copy of the following with the billing form:

 

(1)  Paid receipts for the purchase of materials and for the rental of equipment for trail construction and maintenance reimbursements, if applicable;

 

(2)  A paid receipt from the seller listing the total price paid, make, model, serial number, year of manufacture, engine size, fuel type, date of delivery for trail grooming equipment purchase reimbursements, and a bill of sale for any equipment sold or traded as part of the project, if applicable;

 

(3)  A paid receipt from an authorized manufacturer’s representative listing the total price paid, make, model, serial number, year of manufacture, engine size, fuel type, and date of delivery for trail grooming equipment reconditioning reimbursements, if applicable;

 

(4)  Log sheets detailing each day of grading for each piece of grading equipment for summer trail grading reimbursements, if applicable.  All log sheets shall note the mileage graded and beginning and ending mileage, hour meter reading, or both, as appropriate;

 

(5)  Log sheets detailing each day of grooming for each piece of grooming equipment for winter trail grooming reimbursements, if applicable.  All log sheets shall note the mileage groomed and beginning and ending mileage, hour meter reading, or both, as appropriate;

 

(6)  Paid receipts for snow removal for parking lot snow removal reimbursements, with dates of plowing listed, if applicable; and

 

(7)  A paid receipt and the insurance certificate for liability insurance premiums reimbursements, if applicable;

 

          (c)  Clubs may request capital advances in the event of justified hardship being demonstrated, in writing, to the bureau chief.  Such request shall include the financial records of the club.  Any advances granted shall have proof of payment submitted back to the bureau within 60 days, or future requests for advances shall be denied;

 

(1)  Requests for advances shall be submitted on a signed billing form and include a copy of the vendor invoice.  Clubs must submit a copy of their current financial statements, showing their account information from their financial institution, to demonstrate an inability to pay expenses up front;

 

(2)  No more than 75% of the grant value may be forwarded to the grantee in advance.  Grantee shall be eligible for remaining 25% value of the grant only after all documents for advanced funds have been received and approved by the bureau;

 

          (d)  The OHRV club, snowmobile club or political subdivision shall mail or hand-deliver a completed billing form and all attachments to:

 

Department of Resources and Economic Development

Bureau of Trails

172 Pembroke Road

Concord, NH  03302

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8408.02  Time Limit for Reimbursements.  All requests for reimbursement shall be submitted within the contract completion date as specified in the approved grant-in-aid agreement.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8408.03  Funds Not Used.  Any funds which are part of a grant-in-aid project that are not used by the club or political subdivision for the purposes authorized by the approved application shall revert to the grant-in-aid program.  Any remaining balances shall not be used for any other purpose by any club or political subdivision unless prior written permission is received from the bureau.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

          Res 8408.04  Failure to Comply.  Failure to comply with any of the rules governing the reimbursement of funds shall result in the non-reimbursement of any funds owed and shall cause future grant-in-aid requests to be denied providing corrections are not made within 15 working days of notification of any failure of rules compliance.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99

 

New.  #7238, eff 5-1-00, EXPIRED: 5-1-08

 

New.  #9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15

 

CHAPTER Res 8500  BUREAU TRAIL USE RULES

 

Statutory Authority:  RSA 12-A:2-c I,II, III, and IV, RSA 215-A:3-a, and RSA 215-C:3, I

 

PART Res 8501  DEFINITIONS

 

          Res 8501.01  Definitions.

 

          (a)  "ATV" means "all terrain vehicle (ATV)" as defined in RSA 215-A:1, I-b.

 

          (b)  "Bureau" means "bureau" as defined in RSA 215-A:1, II and RSA 215-C:1, III, namely "the bureau of trails in the department of resources and economic development."

 

          (c)  "Bureau ATV trail" means an established ATV course to be followed on DRED properties.

 

          (d)  "Bureau snowmobile trail" means an established trail on DRED properties accepted for use for snowmobiles during the winter season but not exclusively used by snowmobiles.

 

          (e)  "Bureau trail" means any maintained OHRV or snowmobile trail on DRED properties.

 

          (f)  "Bureau trail bike trail" means an established trail bike course to be followed on DRED properties.

 

          (g)  "Conventional motor vehicle" means any vehicle designed primarily for highway travel.

 

          (h)  "Established trail" means a trail that has been opened for use by specific vehicles as indicated by signage issued by the bureau.

 

          (i)  "Mud season" means the period of time from April or loss of continuous snow cover through May 23 of each calendar year.

 

          (j)  "OHRV" means "off highway recreational vehicle" as defined in RSA 215-A:1, VI.

 

          (k)  "Operate" means "operate" as defined in RSA 215-A:1, VII, namely "to use that vehicle in any manner for transportation."

 

          (l)  "Snowmobile" means "snowmobile" as defined in RSA 215-C:1, XV.

 

          (m)  "Trail" means a course to follow or be followed.

 

          (n)  "Trail bike" means "trail bike" as defined in RSA 215-A:1, XIV.

 

          (o)  "UTV" means a “utility trail vehicle” as defined in RSA 215-A:1, XXIII.

 

Source.  #2221, eff 12-23-82; ss by #2979, eff 2-21-85; ss by #4391-a, eff 3-30-88; EXPIRED 3-30-94

 

New.  #5946, eff 12-23-94, EXPIRES: 12-23-02

 

Source.  #7457, eff 3-1-01; ss by #7796, eff 12-2-02; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

 

PART Res 8502  ALL BUREAU TRAILS

 

          Res 8502.01  Applicability.  The provisions of Res 8502 shall apply to all bureau trails on department of resources and economic development (DRED) properties as listed in Res 101.06.

 

Source.  #4391-a, eff 3-30-88; EXPIRED 3-30-94

 

New.  #5946, eff 12-23-94, EXPIRED: 12-23-02

 

New.  #7457, eff 3-1-01, EXPIRED: 3-1-09

 

New.  #9478, eff 5-23-09; ss by #10905, eff 8-5-15

 

          Res 8502.02  Authority of Bureau Personnel.  Persons shall obey all requests made by authorized bureau personnel in matters of public interest, public safety, or resources protection.

 

Source.  #7796, eff 12-2-02; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

 

          Res 8502.03  Bureau Trail Restrictions.

 

          (a)  No person shall operate an OHRV or snowmobile except in areas or trails established by the bureau for OHRV or snowmobile use;

 

          (b)  No person shall operate an OHRV or snowmobile on bureau trail posted as closed.  Trail closures shall be accomplished by posting signs that spell out the prohibited activity, by public notification by authorized DRED personnel, or both, as appropriate;

 

          (c)  The provisions of RSA 215-A:6, 215-A:29, XI, and 215-C:8 shall apply to all OHRV and snowmobile operation;

 

(d)  No person shall operate an OHRV at a speed in excess of 35 miles per hour (mph) on any bureau trail;

 

          (e)  No person shall operate a snowmobile at a speed in excess of 45 miles per hour (mph) on any bureau trail;

 

          (f)  No person shall operate an OHRV or snowmobile at a speed in excess of 35 mph at trail connectors;

 

          (g)  No person shall operate an OHRV or snowmobile at a speed in excess of 10 mph at signed trail junctions, in parking lots or when approaching or passing trail grooming equipment; and

 

          (h)  This section shall not apply to bureau personnel in the performance of their duties.

 

Source.  #9478, eff 5-23-09; ss by #10905, eff 8-5-15

 

          Res 8502.04  Parking Restrictions.

 

          (a)  No person shall park a conventional vehicle except in areas designated for parking;

 

          (b)  No person shall park a conventional vehicle in any area posted as restricted.  Parking restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized DRED personnel, or both, as appropriate;

 

          (c)  No person shall park a conventional vehicle in front of any rail trail or reservation gate;

 

          (d)  Any conventional vehicle illegally parked as described above shall be subject to towing at the owner's expense; and

 

          (e)  This section shall not apply to bureau personnel in the performance of their duties.

 

Source.  #9478, eff 5-23-09 (from Res 8502.02); ss by #10905, eff 8-5-15

 

PART Res 8503  ALL BUREAU SNOWMOBILE TRAILS

 

          Res 8503.01  Applicability.  In addition to rules found in Res 8502, the provisions of Res 8503 shall apply to all bureau snowmobile trails on DRED properties as listed in Res 101.06.

 

Source.  #4391-a, eff 3-30-88; EXPIRED 3-30-94

 

New.  #5946, eff 12-23-94, EXPIRED: 12-23-02

 

New.  #7457, eff 3-1-01, EXPIRED: 3-1-09

 

New.  #9478, eff 5-23-09; ss by #10905, eff 8-5-15

 

          Res 8503.02  Snowmobile Trail Restrictions.

 

          (a)  No person shall operate an OHRV other than an ATV, UTV, trail bike or snowmobile on snowmobile trails;

 

          (b)  No person shall operate a conventional motor vehicle on snowmobile trails;

 

          (c)  No person shall operate an ATV, UTV or trail bike on snowmobile trails unless posted as a permitted use.  Trail restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized DRED personnel, or both, as appropriate; and

 

          (d)  No person shall operate an OHRV or snowmobile on plowed roads unless otherwise posted.

 

Source.  #9478, eff 5-23-09 (from Res 8503.01); ss by #10905, eff 8-5-15

 

PART Res 8504  ALL BUREAU ATV, UTV AND TRAIL BIKE TRAILS

 

          Res 8504.01  Applicability.  In addition to rules found in Res 8502, the provisions of Res 8504 shall apply to all ATV and trail bike trails on DRED properties as listed in Res 101.06.

 

Source.  #4391-a, eff 3-30-88; EXPIRED 3-30-94

 

New.  #5946, eff 12-23-94, EXPIRED: 12-23-02

 

New.  #7457, eff 3-1-01; amd by #7796, eff 12-2-02; ss by #9478, eff 5-23-09; ss by #!0905, eff 8-5-15; ss by #10905, eff 8-5-15

 

          Res 8504.02  ATV, UTV and Trail Bike Trail Restrictions.

 

          (a)  No person shall operate an OHRV other than an ATV, UTV, trail bike or snowmobile on any ATV and trail bike trail;

 

          (b)  No person shall operate a conventional motor vehicle on any ATV, UTV and trail bike trail unless the trail has been posted for that use.  Trail restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized DRED personnel, or both, as appropriate;

 

          (c)  No person shall operate an ATV, UTV or trail bike on ATV and trail bike trails during the mud season;

 

          (d)  The Ammonoosuc Recreational, Rockingham Recreational, and Sugar River rail trails shall be exempt from (c) above;

 

          (e)  No person shall operate an ATV, UTV or trail bike off established trails;

 

          (f)  Notwithstanding the provisions of Res 8502.01(d) no person shall operate an ATV, UTV, or trail bike at a speed in excess of 35 mph on any ATV and trail bike trail.  Trails may be posted for lower speed limits on bureau trails;

 

          (g)  Notwithstanding the provisions of (f) above, no person shall operate an ATV, UTV, or trail bike at a speed in excess of 25 mph on the Ammonoosuc Rail, Greenville Branch, Hillsborough Branch, Rockingham Recreational, Sugar River, Upper Coos or Presidential Recreational trails;

 

          (h)  No person shall operate an ATV, UTV or trail bike at a speed in excess of 10 mph within 250 feet of gates and stop signs;

 

          (i)  No person shall operate an ATV, UTV or trail bike between 1/2 hour after sunset and 1/2 hour before sunrise unless posted open for use, or permitted under a special use permit pursuant to Res 7403.  Trail restrictions shall be accomplished by posting signs that spell out the prohibited use; and

 

          (j)  No person shall operate an OHRV wider than 50 inches, total width, on bureau trails except in Coos and Grafton Counties, as provided for in RSA 215-A:43.

 

Source.  #9478, eff 5-23-09 (from Res 8504.01); ss by #10905, eff 8-5-15

 

PART Res 8505  PENALTIES

 

          Res 8505.01  Penalties.  A person who violates any rule of Res 8500 shall be guilty of a violation as provided for by RSA 215-A:19, I and RSA 215-C:34, I and shall be subject to a fine pursuant to RSA 651:2, III-a, IV(a), and Res 7802.04 and 7802.06.

 

Source.  #4391-a, eff 3-30-88; EXPIRED 3-30-94

 

New.  #5946, eff 12-23-94, EXPIRED: 12-23-02

 

New.  #7457, eff 3-1-01; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

PART Res 8506  INFORMATION

 

          Res 8506.01  Bureau Trail Information.  The public may obtain information regarding bureau trail uses as described in Res 103.01.

 

Source.  #7457, eff 3-1-01; ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15

 

          Res 8506.02  Petitions for Declaratory Ruling.  A declaratory ruling on the applicability of any statute or rule administered or enforced by the department shall be made through the petition process as described in Res 202.02.

 

Source.  #9478, eff 5-23-09; ss by #10905, eff 8-5-15

 

Appendix

 

Rule

Specific State Statute the Rule Implements

 

 

Res 8401

RSA 215-A:23, VI (a)-(c) and RSA 215-C:39, VII (a)-(c)

Res 8402

RSA 541-A:7

Res 8403 through Res 8408

RSA 215-A:23, VI (b) and RSA 215-C:39, VII (b)

Res 8501

RSA 215-A:1; RSA 215-C:1; RSA 541-A:7

Res 8502.01 and Res 8502.02

RSA 12-A:2-c, II (a)

Res 8502.03 through Res 8504

RSA 12-A:2-c, I; RSA 12-A:2-c, II(a) and (b)

RSA 215-A:3, V; RSA 215-A:3-a, II; RSA 215-A:6

RSA 215-C:2, VI; RSA 215-C:3, I; RSA 215-C:8; RSA 215-A:29, XI and RSA 215-C:49, XIII

Res 8505

RSA 12-A:2-c, II(f), III, and IV; RSA 215-A:19, I; RSA 215-C:34, I, RSA 651-2, III-a; RSA 651-2, IV(a)

Res 8506.01

RSA 91-A:4

Res 8506.02

RSA 215-A:3-a, II