CHAPTER Res 5200 RULES FOR THE OPERATION OF WOOD PROCESSING
MILLS AND WOOD CONCENTRATION YARDS
Statutory
Authority: RSA 227-G:4, II
REVISION NOTE:
Document
#6207, effective 3-21-96 repealed Chapter Res-F. Document #6207 supersedes all prior filings
for the sections in Chapter Res-F 300.
The prior filings for the former Chapter Res-F 300 include the following
documents:
#2221,
eff 12-23-82
#2979,
eff 2-21-85 EXPIRED 2-21-91
#5619,
eff 4-28-93
PART Res 5201 DEFINITIONS FOR WOOD PROCESSING MILLS AND
WOOD CONCENTRATION YARDS
Res 5201.01 Definitions.
(a) “Any stream, river, or brook which normally
flows throughout the year” means a stream, river, or brook with a well defined
stream bed or channel, and which is not intermittent, flowing during all
seasons of the year.
(b) “Director” means “director” as defined in RSA
227-G:2, IV, namely “the director of the division of forests and lands,
department of resources and economic development.”
(c) “Division” means “division” as defined in RSA
227-G:2, V, namely “the division of forests and lands, department of resources
and economic development.”
(d) “Great pond” means any body of fresh water
having an area of 10 acres or more.
(e) “Mill residue” means any portion of a log or
bolt, except the principal product(s) of the mill, and includes:
(1) Sawdust;
(2) Shavings;
(3) Bark;
(4) Slabs;
(5) Edgings;
(6) Trimmings;
(7) Woodchips;
(8) Chip screenings;
(9) Rejected short log sections;
(10) Log end trim;
(11) Discarded undersize logs;
(12) Discarded oversize logs;
(13) Discarded cull logs;
(14) Discarded below grade, miscut or damaged
principal products; and
(15) Any brush or portion of tree limbs and tops.
(f) “Portable
sawmill” means any mill processing a primary forest product and designed to be
moved to new locations.
(g) “Primary forest
product” means “primary forest product” as defined in RSA 227-G:2, XIII, namely
“any portion of a tree, after felling, which will be processed into a secondary
forest product, or will be utilized in its primary form.”
(h) “Primary wood
processing mill” means “primary wood processing mill” as defined in RSA
227-G:2, XIV namely “any permanent or portable mill, or any off-site log yard
operated by a primary wood processing mill, wherever located, sawing or
otherwise processing logs, bolts, pulpwood, or other primary forest products
into secondary forest products.”
(i) “Secondary
forest product” means, any primary forest product that has been further
processed in a mill.
(j) “Slash” means,
branches, bark, tops, chunks, cull logs, uprooted stumps and broken or uprooted
brush and trees left on the ground after timber harvesting operations, and other
cutting operations. The term does not
include wood chips and small chunks of woody debris when such materials are the
result of public safety activities including but not limited to highway right
of way maintenance, or woody debris placed into a body of water as part of an
approved fisheries habitat improvement plan, and approved by the New Hampshire
department of environmental services.
(k) “Timber
harvesting operation” means the removal of primary forest products where the
removal is subject to intent to cut requirements of RSA 79:10 or the removal is
one of those activities identified as exceptions to the intent requirements of
RSA 79:10.
(l) “Wood
concentration yard” means “wood concentration yard” as defined in RSA 227-G:2,
XVIII, namely “any site established and used for the purchase and resale of
primary forest products from off-site locations and which is not a primary wood
processing mill. Any site used primarily
to process or store bark mulch shall not be a wood concentration yard.”
(m) “Woodland” means
“woodland” as defined in RSA 227-G:2, XIX, namely “includes cut-over land,
slash, and such other land as bears a sufficient amount of wood growth, wood,
weeds, grass, or other growth as to be likely to be burned over.”
Source. (See Revision Note at Chapter Heading for Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05;
ss by #10547, eff 3-21-14
PART Res 5202 INSPECTION OF PRIMARY WOOD PROCESSING MILLS
AND WOOD CONCENTRATION YARDS
Res 5202.01 Inspection.
(a) Upon inspection,
if a mill or concentration yard is found to be operating in violation of any of
the following, the director or the director's authorized agents shall cause
such mill or concentration yard to suspend operation:
(1) All mills located after March 3, 1996 shall
be situated so that no part of the mill or mill waste is closer than 50 feet of
the edge of a public highway, great pond, any stream, river, or brook which
normally flows throughout the year;
(2) Piles of sawdust, shavings, woodchips, and
bark shall be on a surface cleared of all trees and brush and be separated from
the mill, incinerator, slash, and other wood products by at least 25 feet at
all times;
(3) Dead snags and limbs of coniferous trees
within 10 feet of the ground shall be removed within the limits of the mill
site;
(4) Sawdust and shaving bins or containers may be
located anywhere on the mill site but shall be at least 25 feet from slash and
wood products;
(5) The ground surface of the mill site for a
distance of 60 feet from any portion of the mill shall be kept free from all
slash and flammable debris;
(6) Every mill required to be registered shall be
equipped with a spark arrester;
(7) Draining any crank case on the ground at any
mill or concentration yard or dumping flammables within the cleared area shall
be prohibited; and
(8) The ground about the oil or gas supply for
any engine powering a mill shall be kept clean.
(b) Not withstanding
(a) above, the director shall also cause a mill to suspend operation if the
mill or concentration yard engages in practices or behaviors which because of
fire would endanger the public health or safety and that of the forest
resources of the state.
(c) If any mill or
concentration yard has been ordered to suspend operations pursuant to (a) or
(b) above, the department shall hold an adjudicative hearing not later than 10
working days from the date of said order.
The hearing shall be held in accordance with the provisions of Res 200.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
PART Res 5203
REGISTRATION OF PRIMARY WOOD PROCESSING MILLS OR WOOD CONCENTRATION
YARDS
Res 5203.01 Registration
Required. Each primary wood
processing mill or wood concentration yard shall be registered prior to initial
startup and renewed annually thereafter.
A primary wood processing mill or concentration yard owner or operator
shall apply for registration by completing and submitting Form 5200, as
described in Res 5203.02.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5203.02 Form
5200, Application for Registration of Primary Wood Processing Mill or Wood
Concentration Yard.
(a) An applicant for
registration of a primary wood processing mill or concentration yard shall
supply on Form 5200 the following information:
(1) The name, address, and telephone number of
the mill or concentration yard owner;
(2) An indication of whether the applicant is the
owner, lessee, or other;
(3) The name, address, and telephone number of
the mill or concentration yard operator, if different than the owner;
(4) An indication of whether the application is
for an initial registration or an annual renewal;
(5) The type of mill or concentration yard being
registered;
(6) The mill or concentration yard location;
(7) The principal product or products produced at
the mill;
(8) The mill's annual production capacity, if
applicable;
(9) The mill's estimated annual production, if
applicable;
(10) The total volume of forest products processed
and an estimate as to the state or province of origin; and
(11) The volume of wood chips, bark mulch and
other mill byproducts produced.
(b) All information
shall be legible.
(c) The applicant
shall sign and date the form.
(d) The applicant
shall include the fee of $20.00. If
payment is by check or money order it shall be made payable to "treasurer,
state of
(e) The applicant shall
mail or hand-deliver the completed application to:
Department of Resources
and Economic Development
Division of Forests and
Lands
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5203.03 Notification
of Registration of Primary Wood Processing Mill or Wood Concentration Yard.
(a) When a complete
application for registration of a primary wood processing mill or wood concentration
yard has been received by the director, the director shall issue a permanent
registration number assigned to the mill or concentration yard together with a
plate denoting such registration number, to be displayed in a conspicuous place
at the mill or concentration yard.
(b) If the director
determines that the application is deficient in any respect, the director
shall, within 10 working days of receipt of the deficient application, notify
the applicant in writing of the specific deficiencies and allow the applicant
to amend the application.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
PART Res 5204 REPORT OF PRIMARY WOOD PRODUCTS PROCESSED
Res 5204.01 Report
Required.
(a) On or before
January 31 of the following year, an operator of a registered primary wood
processing mill or wood concentration yard shall submit to the director, a
report by species and volume of primary wood products processed during the
preceding calendar year.
(b) The report shall
be based on the international 1/4 inch scale or its equivalent, or other
commonly used basis of measure for products not measurable in board feet.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
CHAPTER
Res 5300 RULES FOR THE HARVESTING OF
TIMBER
Statutory Authority: RSA
227-G:4, III and IV
PART Res 5301 DEFINITIONS FOR TIMBER HARVESTING
Res 5301.01 Definitions.
(a) “Basal area” means “basal area” as defined in RSA 227‑G:2,
I, namely “the cross sectional area of a tree measured at a height of 4-1/2
feet above the ground, usually expressed in square feet per acre for a stand of
trees.”
(b) “50 percent basal
area” means 1/2 of the cumulative total of basal area of all live trees at
least 2 inch diameter breast height which is the diameter measured 4-1/2 feet
from ground level, before any trees were removed from specified area.
(c) “Director” means
“director” as defined in RSA 227-G:2, IV, namely “the director of the division
of forests and lands, department of resources and economic development.”
(d) “Fourth order
stream” means “fourth order streams” as defined in RSA 227-G:2, XII, namely
“those streams on a list maintained by the office of state planning, as of the
effective date of this section, using the Strahler method whereby the highest
year-round streams in a watershed are first order streams, their juncture
yields second order streams, the juncture of second order streams yields third
order streams, and the juncture of third order streams yields fourth order.”
(e) “Great pond”
means any body of fresh water having an area of 10 acres or more.
(f) “Healthy growing
trees” means live trees.
(g) “Land
conversion” means the removal of naturally occurring or planted vegetation or
planted trees from a specific lot, tract, or parcel of land with the long term
intent of changing land use and characteristics from the natural growth or
management and production of forest products to any other use. The term does not include silvicultural
practices for forest or wildlife management purposes.
(h) “Landowner” means any person or persons who
own the land upon which wood or timber is cut, a previous owner who retains
timber rights to land and who registers his claim with the registry of deeds,
and any person who has purchased stumpage and cutting rights on public
lands. The term “landowner” includes
“authorized agent.”
(i) “Market value”
means stumpage value as determined in the same manner as other property values
for the purposes of taxation at the time the timber is cut.
(j) “Public highway”
means highways as classified in RSA 229:5 to include all class I, II, III, IV,
V, and VI roads listed in the road listing by the New Hampshire department of
transportation.
(k) “Scenic vista”
means a point or area which affords a panoramic, unique, or pleasant view
towards a feature or features in the distance.
(l) “Slash” means,
branches, bark, tops, chunks, cull logs, uprooted stumps and broken or uprooted
and small chunks of woody debris are not considered slash when such materials
are the result of public safety activities including but not limited to highway
right of way maintenance. The term does
not include woody debris placed into a body of water as part of an approved
fisheries habitat improvement plan, and approved by the department of
environmental services.
(m) “Timber growing and
forest uses” means the management or maintenance of naturally occurring or
planted vegetation or trees on a specific lot, tract, or parcel of land or
portion thereof for the purpose of producing forest products or providing
wildlife habitat or other forest benefits.
The term does not include vegetation or trees within existing utility
rights of way.
(n) “Well
distributed stand” means a residual stand with an intermixture of single trees and
groups of trees interspersed throughout the specified area, such that the basal
area is not concentrated in one portion of the specified area.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
PART Res 5302 REQUIREMENTS FOR HARVESTING OF TIMBER
Res 5302.01 Conditions
Required to Exceed 50 Percent Basal Area.
One or more of the following conditions shall exist in order to qualify
for approval to exceed 50 percent basal area:
(a) Cutting up to
and including 50 percent of the basal area of trees shall lead to substantial
windthrow, mortality or other damage in the residual stand due to stand
exposure, shallow or wet soils, stand age or species composition or a
combination of these factors;
(b) Salvage of
timber is due to damage from fire, insects, diseases, ice, snow, wind or other
such natural occurrences;
(c) Public safety is
of a prime consideration, due to heavy conifer cover on the south side of major
travel routes causing serious icing conditions;
(d) The location of
clearings for log yards and truck routes within applicable areas is necessary
due to terrain, wet soils, property boundaries, and other site conditions;
(e) Cutting is for
the purpose of improving wildlife habitat and can be demonstrated to be part of
a long term forest management plan or strategy;
(f) Cutting is for
the purpose of a silvicultural strategy or forest management plan for the
regeneration of certain forest types requiring removal of overstory trees;
(g) Cutting is for
the purpose of a scenic vista or view, providing the area remains in natural
vegetation and the purpose is to provide a public benefit;
(h) Cutting is for
the purpose of removing vegetation or trees within 150 of an existing dwelling
or permanent structure or within 75 feet of the edge of an active agricultural field
or crop land, so long as it does not violate the provisions of RSA 483-B; and
(i) Cutting is
consistent with the purpose of RSA 227-J:1 as determined by the director.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5302.02 Permission
Required to Exceed 50 Percent Basal Area.
Permission from the director shall be required to remove more than 50
percent of the basal area from a well distributed stand of healthy growing
trees within areas specified by RSA 227‑J:9, I. At least 30 days prior to
commencing cutting operations, a landowner or authorized agent shall apply for
permission to exceed 50 percent basal area by completing and submitting Form
5302a, as described in Res 5302.03.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5302.03 Form
5302a, Application to Exceed 50 Percent Basal Area.
(a) An applicant for
permission to exceed the cutting limits of the basal area shall supply on Form
5302a the following information:
(1) The name, address, telephone number(s) of the
landowner, and the best time to contact;
(2) The name, address, telephone number(s) of the
authorized agent, and the best time to contact, if different than the
landowner;
(3) The location of the subject parcel by town or
city, the physical address, and the tax map and lot number;
(4) A description of the
proposed cutting operation, including the total footage along an identified or
named road, stream, or body of water, and the total acreage of the cutting
operation;
(5) An indication as to whether the proposed
cutting area abuts a scenic road;
(6) An indication as to whether all required
local permits have been applied for and approved;
(7) An indication as to whether the proposed
cutting area is a land conversion;
(8) An indication as to whether the proposed
cutting area is near or adjacent to a great pond;
(9) An indication as to whether the proposed
cutting area abuts a fourth order stream or stream of higher classification;
(10) An explanation which demonstrates the need to
exceed the 50 percent basal area limits;
(11) An explanation which demonstrates how the
proposed cutting operation is consistent with the purpose of RSA 227‑J:1;
(12) An indication as to whether the proposed
cutting area is on a certified tree farm, and if so the tree farm number;
(13) An indication as to whether the proposed
cutting area is covered under a forest stewardship plan;
(14) An indication as to whether the proposed cutting
area is on land in current use as defined in RSA 79-A;
(15) The expected start date and completion date
of the proposed cutting operation; and
(16) An indication as to whether the proposed
cutting area is associated with a land conversion, and if so the expected
completion date of the land conversion.
(b) All information
shall be legible.
(c) The applicant
shall include a copy of the topographic or town tax map outlining the proposed
cutting area.
(d) The applicant
shall sign and date the form.
(e) The applicant
shall mail or hand-deliver the completed application to:
Department of Resources
and Economic Development
Division of Forests and
Lands
or
Department of Resources
and Economic Development
Division of Forests and
Lands
North Regional Office
629B
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5302.04 Notification
to Exceed 50 Percent Basal Area.
(a) The director
shall approve an application to exceed the 50 percent basal area if the
application is complete and one or more of the conditions exist pursuant to Res
5302.01.
(b) If the director
approves an application to exceed the 50 percent basal area, the director shall
notify the applicant of such approval within 30 days after receipt of the
application. Failure by the director to
notify the applicant within 30 days shall serve as automatic approval.
(c) If the director
determines it necessary to impose restrictions on the approved application in
order to comply with the purpose of RSA 227-J:1, the director shall notify the
applicant of such restrictions within 30 days after receipt of the application. Restrictions shall include, but not be
limited to, species selection, diameter or age class limits, trees not subject
to the damage that makes salvage necessary, or enforcement of no cut zones
within the area for which the application is granted.
(d) If the director
determines that the application is deficient in any respect, the director
shall, within 10 working days of receipt of the deficient application, notify
the applicant in writing of the specific deficiencies and allow the applicant
to amend the application.
(e) If the director
does not approve an application to exceed the 50 percent basal area pursuant to
(a) above, the director shall notify the applicant in writing of the specific
reason(s) for denial within 30 days after receipt of the application.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5302.05 Permission
Required to Extend the 180 Day Period for Land Conversions. Permission to extend the 180 day period for
changes in land use shall be required from the director. At least 30 days prior to expiration of the
180 day period, a landowner or authorized agent shall apply for permission to
extend the 180 day period by completing and submitting Form 5302b, as described
in Res 5302.07.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
(from Res 5302.06)
Res 5302.06 Form
5302b, Application to Extend the 180 Day Period for Land Conversions.
(a) An applicant for
permission to extend operations beyond the 180 day period shall supply on Form
5302b the following information:
(1) The name, address, and telephone number of
the landowner;
(2) The name, address, and telephone number of
the authorized agent, if different than the landowner;
(3) The location of the subject parcel by town or
city, and the tax map and lot number;
(4) A description of the proposed cutting
operation;
(5) An explanation stating why the 180 day period
needs to be exceeded; and
(6) The expected completion date of the land
conversion.
(b) All information
shall be legible.
(c) The applicant
shall include a copy of the topographic or town tax map outlining the proposed
cutting area.
(d) The applicant
shall sign and date the form.
(e) The applicant
shall mail or hand-deliver the completed application to:
Department of Resources
and Economic Development
Division of Forests and
Lands
or
Department of Resources
and Economic Development
Division of Forests and
Lands
North Regional Office
629B
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
(from Res 5302.07)
Res 5302.07 Notification
to Extend 180 Day Period for Land Conversions.
(a) The director
shall approve an application to extend the 180 day period for land conversions
if the application is complete and an explanation of good cause exists pursuant
to Res 5302.07 (a)(5). Good cause shall
include, but not be limited to, extending operations due to mechanical
problems, weather conditions, or other causes beyond the control of the
applicant.
(b) If the director
approves an application to extend the 180 day period for land conversions, the
director shall notify the applicant of such approval within 30 days after
receipt of the application. Failure by
the director to notify the applicant within 30 days shall serve as automatic
approval.
(c) If the director
determines that the application is deficient in any respect, the director
shall, within 10 working days of receipt of the deficient application, notify
the applicant in writing of the specific deficiencies and allow the applicant
to amend the application.
(d) If the director
does not approve an application to extend the 180 day period for land
conversions pursuant to (a) above, the director shall notify the applicant in
writing of the specific reason(s) for denial within 30 days after receipt of
the application.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
(from Res 5302.08)
Res 5302.08 Time
Period for Extension of the 180 Day Period for Land Conversions. Approval from the director to extend the 180
day period for changes in land use shall be valid for up to 270 days from the
original completion date of the cutting operation.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
(from Res 5302.09)
Res 5302.09 Waiting
Period. No additional trees shall be
removed from applicable areas for 12 months following the removal of up to 50
percent of the basal area of healthy growing trees within the applicable areas. The 12 month period shall begin on the date
of report of timber cut required by RSA 79:11.
If no report of cut is required, the 12 month period shall begin upon
completion of harvest operation.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
(from Res 5302.10)
Res 5302.10 Proof
of Land Conversion. Proof of land
conversion shall include stumping, stump grinding, seeding to establish cover
other than trees and shrubs, or erecting a fence and pasturing livestock.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5302.11 Determination of Market Value. Market value shall be determined by one of
the following:
(a)
An assessing official;
(b)
A licensed professional forester; or
(c)
The director or the director’s authorized agent.
Source. #10547, eff 3-21-14
PART Res 5303 DECEPTIVE FORESTRY BUSINESS PRACTICES
Statutory
Authority: RSA 227‑G:4, VII
Res 5303.01 Definitions.
(a) “Adulterated” means varying from a standard
of composition or quality prescribed by any statute providing criminal
penalties for such variance, or set by established commercial usage.
(b) “Buying a forest
product” means exchanging money or service to purchase a forest product, or
bartering for the exchange of a forest product.
(c) “Forest product”
means any portion of a tree which will be utilized in its primary form or will
be utilized after further processing.
(d) “Mislabeled”
means varying from a standard of truth or disclosure in labeling prescribed by
any law providing criminal penalties for such variance, or set by established
commercial usage.
(e) “Scale slip”
means a written or printed form or combination of forms which provide an accurate,
readily understandable record containing the species of wood product, board
footage of each individual log when the standard unit of measurement is per
thousand board feet, or tonnage or cordage when not sold per thousand board
feet, gross scale, defect, net scale, date wood was measured, and the name of
the party scaling the wood.
(f) “Written
contract” means a written contract between the landowner or person owning the
timber rights and the buyer of the standing timber that defines the terms of
the contract, the remuneration for the forest products to be cut, the time
period in which remuneration is to made, and the use of the same units of
measurement as the scale slip.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5303.02 Scale
Slip. A scale slip shall contain the
following information:
(a) Species of wood
product;
(b) Board footage of
each individual log when standard unit of measurement is per thousand board
feet or tonnage or cordage when not sold on a per thousand board feet basis;
(c) Gross scale,
defect and net scale;
(d) Date wood was
measured; and
(e) Name of party
scaling the wood.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
(from Res 5303.03)
Res 5303.03
Written Contract. A
written contract pursuant to RSA 227-J:15, III shall be provided by the
landowner and/or the seller or buyer of timber for review upon request of the
director or the director’s authorized agent.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5303.04 Violation. Deceptive forestry business practices shall
be penalized pursuant to RSA 227-J:15, I and III.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
CHAPTER
Res 5400 FLOATING TIMBER RULES
Statutory Authority: RSA
227-G:4, VI
PART Res 5401 REGULATION AND PERMITTING OF FLOATING TIMBER
Res 5401.01 Permit
Required to Float Timber on Surface Waters.
Permission from the director shall be required to float timber on the
surface water of the state, pursuant to RSA 485‑B:1-a. At least 30 days prior, all landowners,
authorized agents, or owners of timber to be floated on surface waters of the
state, shall apply for a permit by completing and submitting Form 5400, as
described in Res 5401.02.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5401.02 Form 5400,
Application for Permit to Float Timber on Surface Waters.
(a) An applicant for
a permit to float timber on surface waters of the state shall supply on Form
5400 the following information:
(1) The name, address, and telephone number of
the landowner, the authorized agent, or the timber owner;
(2) The location where the timber is going to
enter the water;
(3) The location where the timber is to be
removed from the water;
(4) The names of all waterways on which the
timber will float;
(5) A list of all necessary federal, state, and
local permits;
(6) The expected start date and completion date
of the proposed project; and
(7) The impact the floating of timber will have
on other natural and recreational resources.
(b) All information
shall be legible.
(c) The applicant
shall include copies of all necessary federal, state, and local permit
approvals.
(d) The applicant
shall sign and date the form.
(e) The applicant
shall mail or hand-deliver the completed application to:
Department of Resources
and Economic Development
Division of Forests and
Lands
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5401.03 Notification
of Permit to Float Timber on Surface Waters.
(a) The director
shall approve an application to float timber on surface waters of the state if
the application is complete, all permits required pursuant to Res 5401.02 (c)
have been obtained, and the impacts to natural and recreational resources are
minimal as determined in consultation with the
(b) If the director
approves an application to float timber on surface waters, the director shall
issue a permit to the applicant within 30 days after receipt of the
application. Failure by the director to
notify the applicant within 30 days shall serve as automatic permit approval.
(c) If the director
determines that the application is deficient in any respect, the director
shall, within 10 working days of receipt of the deficient application, notify
the applicant in writing of the specific deficiencies and allow the applicant
to amend the application.
(d) If the director
does not approve an application to float timber on surface waters of the state
pursuant to (a) above, the director shall notify the applicant in writing of
the specific reason(s) for denial within 30 days after receipt of the
application.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5401.04 Permit
Suspension.
(a) At any time, if
the director determines that a project is causing environmental or property
damage that endangers public health, safety or welfare, the director shall
immediately suspend a permit pursuant to RSA 541-A:30, III.
(b) If any permit
issued pursuant to this part is suspended pursuant to (a) above, the department
shall hold an adjudicative hearing not later than 10 working days from the date
of suspension. The hearing shall be held
in accordance with the provisions of Res 200.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
CHAPTER
Res 5500
Statutory
Authority: RSA 227‑G:4, VIII,
VIII-a and VIII-b
PART Res 5501 DEFINITIONS FOR
Res 5501.01 Definitions.
(a) “Control” means
eradicating, suppressing, reducing, or managing threatening insect or disease
populations, their host and habitat, and preventing the spread of these insects
and diseases.
(b) “Control area”
means the area delineated for treatment in order to prevent the spread of
insect or disease to an adjacent area.
(c) “Dangerous
insect or disease” means an insect or pathogen species whose introduction
causes or is likely to cause economic or environmental harm or harm to human
health.
(d) “Disease” means malfunctioning of host cells
and tissues that result from continuous irritation by a pathogenic agent or
environmental factor and leads to development of symptoms.
(e) “Firewood” means
all wood of any species, cut or not cut, split or not split, regardless of
length which is either in a form or size appropriate for use as fuel or
destined for use as a fuel, and firewood does not include:
(1) Kiln-dried dimensioned lumber;
(2) Wood that has been
chipped to a maximum piece size that is greater than one-inch in 2-dimensions;
or
(3) Logs or wood being transported to or
possessed by the following operations and facilities, for use in their primary
manufacturing process:
a. Sawmill for dimensioned lumber;
b. Pulp and/or paper mills;
c. Wood pellet manufacturing;
d. Plywood manufacturing;
e. Wood biomass-using refineries or power
plants;
f. Re-constituted wood or wood composite product
manufacturing; and
g. Facilities treating firewood that have a
current United States Department of Agriculture Animal and Plant Health
Inspection Service (APHIS) agreement.
(f) “Insect” means
“insect” as defined in RSA 430:52, VI, namely “any of the small invertebrate
animals generally having a body more or less obviously segmented, for the most
part belonging to the class Insecta, comprising 6-legged, usually winged forms,
as, for example, beetles, bugs, bees, flies, and other allied classes of
arthropods whose members are wingless and usually have more than 6 legs, as,
for example, spiders, mites, ticks, centipedes, and wood lice.”
(g) “Non-native
pest” means an insect or disease of foreign origin that has been introduced
into an ecosystem where it has not been known to occur.
(h) “Person” means
any individual, governmental entity, firm, partnership, corporation, company,
society, association, or any other organized group of persons whether
incorporated or not, and every officer, agent, or employee thereof.
(i) “Quarantine”
means “quarantine” as defined in RSA 227-G:2, XV, namely “a legal restriction
duly imposed or enacted as a means for preventing or delaying the spread of a
forest pest.”
(j) “Untreated wood”
means any firewood having not been kiln dried or heated to 71 degrees Celsius
for 75 minutes or treated with other approved methods as certified by the
United States Department of Agriculture Animal and Plant Health Inspection
Service PPQ.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
PART Res 5502 DESIGNATION OF CONTROL AREAS
Res 5502.01 Control
Areas.
(a) When the
director following consultation pursuant to RSA 227‑K:3, II, determines
that a non‑native pest exists on any lands within the state, whose spread
to adjacent lands threatens the forest health, the director shall designate the
affected area as a control area. Following designation of a control area, the
landowner shall be notified pursuant to Res 5502.02.
(b) Landowners of
designated control areas shall comply with any control measures ordered by the
director which are practical and employ proven technology and will eradicate
the insects or disease. Such orders
shall include, but not be limited to, the removal and destruction of all plants
infected by disease or insect infestations.
(c) The director
shall, if the landowner does not comply with (b) above, remove and destroy all
plants infected by disease or insect infestations.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5502.02 Notification. The director shall notify all landowners in
writing of a designated control area identified pursuant to Res 5502.01 (a).
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5502.03 Appeals.
If any landowner has been ordered by the director to undertake control
measures on lands designated as control areas, the landowner may appeal the
order by requesting a hearing pursuant to Res 200.
Source.
#8441, eff 10-1-05; ss by #10547, eff
3-21-14
PART Res 5503 DESIGNATION OF QUARANTINES
Res 5503.01 Quarantines.
(a) When the
director following consultation pursuant to RSA 227‑K:2, III, determines that
a dangerous insect or disease threatens any forest of the state, the director
shall designate a quarantine. The
penalty provisions of the quarantine shall not apply until after the public
hearing as required by Res 5503.03.
(b) A designation of
quarantine shall identify:
(1) The scientific name of the organism(s);
(2) The resource or commodity threatened;
(3) The geographic area;
(4) The restrictions on movement of resource or
commodity from area;
(5) The penalties for failure to comply; and
(6) The effective date.
Source. #10547, eff 3-21-14
Res 5503.02 Notification. The director shall notify the public by public
announcements and media postings of a proposed designation of quarantine
identified pursuant to Res 5503.01 (a).
Source. #10547, eff 3-21-14
Res 5503.03 Public Hearing. The department shall hold a hearing not later
than 10 days from the date of quarantine.
Source. #10547, eff 3-21-14
Res 5503.04 Failure to Comply. Violations of a designated quarantine shall
be penalized pursuant to RSA 227-K:2, IV and RSA 227-K:17.
Source. #10547, eff 3-21-14
CHAPTER
Res 5600
Statutory
Authority: RSA 227-G:4, IX and X
PART Res 5601 FIRE PERMITS
Res 5601.01 Definitions.
(a) “Attended” means
that an individual responsible for the fire and capable of extinguishing the
fire is on the same property as the fire, is able to immediately extinguish the
fire, and has the fire in plain view.
(b) “Burn barrel”
means a barrel or similar device not larger than 7 cubic feet in size and made
of a heavy gauge metal that is solid with no holes larger than 1/2 inch
diameter and covered with a tight cover made of a metal screen or hardware
cloth for the burning of permissible materials.
(c) “Category I
fire” means a small controlled fire, such as a camp or cooking fire, no greater
than 2 feet in diameter contained within a ring of fire resistive material or
in a portable fireplace, for which a permit can be issued on a seasonal basis,
and that is not closer than 25 feet from a structure.
(d) “Category II
fire” means a controlled fire, such as a camp or cooking fire, no greater than
4 feet in diameter contained within a ring of fire resistive material or in a
portable fireplace, for which a permit can be issued on a seasonal basis, and
that is not closer than 50 feet from a structure.
(e) “Category III
fire” means any other fire not a category I or category II fire or a fire
greater than 4 feet in diameter or a fire not contained within a ring of
resistive material, for which a permit can be issued up to 7 consecutive days,
and that is not closer than 50 feet from a structure.
(f) “Category IV
fire” means a fire, other than a category I fire, that can be kindled between
the hours of 9:00 am and 5:00 pm whether raining or not, for which a permit can
be issued on a seasonal basis, and that is not closer than 50 feet from a
structure.
(g) “Completely
extinguished” means to extinguish so that it emits no smoke, heat or
flames. The term does not include a
buried fire.
(h) “Director” means
“director” as defined in RSA 227-G:2, IV, namely “the director of the division
of forests and lands, department of resources and economic development.”
(i) “Division” means
“division” as defined in RSA 227-G:2, V, namely “the division of forests and
lands, department of resources and economic development.”
(j) “Enclosed
container” means any such purpose-built device, container, or vessel so
constructed as to be completely enclosed by solid fire-resistive material,
attached to a stack or chimney, and capable of regulating fire draft and
constructed as a solid fuel appliance.
(k) “Fire permit”
means DRED form 5601A issued for a category I, II, or III fire or a DRED form 5601B
issued for a category IV fire, and which can be in electronic format including
the use of electronic signature pursuant to RSA 294-E.
(l) “Ground covered
with snow” means the area within a 100 foot radius from the fire edge is
covered with snow or other frozen precipitation sufficient to prevent the
combustion of woodland fuels until the fire is completely extinguished.
(m) “Hardware cloth” means a screen like material
made of metal with openings no larger than 1/4 inch which is available for purchase
at most hardware stores.
(n) “Kindle” means
from the point of ignition to the time of complete extinguishment.
(o) “Open burning”
means the burning of any material wherein products of combustion are emitted
directly into the ambient air without passing through a stack or chimney from
an enclosed container. The use of
portable fireplaces is considered open burning.
(p) “Permissible material” means clean, untreated wood,
leaves or brush less than 5 inches in diameter, and meets applicable air resources
regulations.
(q) “Permittee”
means a landowner or a person having written permission from the landowner.
(r) “Portable
fireplaces” means devices such as chimeneas, steel fire pits, and any other
device designed to burn permissible combustibles other than gas or charcoal.
(s) “Raining” means
sustained precipitation that is actively occurring of sufficient intensity and
duration so as to prevent fire from spreading in woodland fuels.
(t) “Seasonal
permit” means a permit issued on an annual basis for a category I, II and IV
fire which expires no later than the end of the calendar year in which permit
was issued.
(u) “Stack” means a
manufactured or field constructed chimney for non-residential use made of solid
masonry units, bricks, stones, reinforced portland cement, one or more metal
walls or made of metal with a refractory lining, or any suitable chimney lining
that is capable of withstanding the flue gas conditions of its use, connected
to the appliance in an air-tight manner and of such height as to properly
regulate draft and control the emission of sparks.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.02 Fire
Permit Required. A fire permit shall
be required for all open burning when the ground is not covered by snow. Should a question arise regarding the
necessity of a fire permit for any burning device or container, the director
shall make the final determination based upon analysis of the construction of
the device and the ability or lack thereof of the device to transmit sparks or
live fire brands which could endanger the woodlands.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.03 Fire
Permit Issuing.
(a) Except as
provided in this section, no person other than a forest fire warden shall issue
fire permits.
(b) The director
shall authorize others to issue fire permits after recommendation by the forest
fire warden.
(c) Category IV fire
permits shall be issued jointly by a forest ranger and forest fire warden, or in
lieu of the forest fire warden, the authorized issuing agent.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.04 Category
I, II, and III Fire Permit.
(a) A permittee
shall be issued a category I, II or III fire permit if the forest fire warden
or authorized issuing agent determines that:
(1) The permittee is the landowner or has the
landowner’s written permission;
(2) The permittee meets the required age limit;
(3) Except for public and private camp and picnic
sites, the permittee meets the criteria for specified distances from structures
as follows;
a. A category I fire is 25 feet from structures;
or
b. A category II or III fire is 50 feet from
structures;
(4) The material to be burned is clean, untreated
wood or brush less than 5 inches in diameter, and meets applicable air
resources regulations;
(5) Weather conditions are favorable as to
prevent the spread or escape of the fire;
(6) The permittee has adequate suppression
equipment to control the fire;
(7) The permittee meets the required timeframe as
follows:
a. A category I for any time of day whether
raining or not; or
b. A category II or III for between the hours of
5:00 p.m. and 9:00 a.m. unless it is actually raining; and
(8) The permittee has not had more than 2 open
burning violations, or any grievous violations, within the past 7 years based
upon the date of first offense.
(b) A category I, II
or III fire permit shall include the following information:
(1) The name of permittee;
(2) The land owner name and address, if different
than permittee;
(3) The location where fire is to be kindled;
(4) The date(s) the fire is authorized to occur
and the specific time;
(5) The category of fire the permit is for;
(6) The name of the forest fire warden or
authorized issuing agent;
(7) The town the forest fire warden or authorized
issuing agent is from; and
(8) The date the fire permit was issued to
permittee.
(c) Prior to being
issued a fire permit, the permittee shall be required to provide their name,
address, telephone number, and signature on the fire permit.
(d) If a forest fire
warden or authorized issuing agent does not approve a request for a category I,
II or III fire permit pursuant to (a) above, the forest fire warden or
authorized issuing agent shall notify the permittee.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.05 Category
IV Fire Permit.
(a) A permittee shall
be issued a category IV fire permit if the forest ranger and forest fire
warden, or in lieu of the forest fire warden, the authorized issuing agent
determines that:
(1) The permittee is the landowner or has the
landowner’s written permission;
(2) The permittee meets the required age limit;
(3) The permittee meets the criteria for being 50
feet from structures;
(4) The material to be burned is clean, untreated
wood or brush less than 5 inches in diameter, and meets applicable air
resources regulations;
(5) Weather conditions are favorable as to
prevent the spread or escape of the fire;
(6) The permittee has adequate suppression
equipment to control the fire;
(7) The permittee has not had more than 2 open burning
violations, or any grievous violations, within the past 7 years based upon the
date of first offense; and
(8) The material being burned cannot reasonably
be burned under the conditions required by any other category fire permit.
(b) A category IV
fire permit shall include the following information:
(1) The name, address, and telephone number of
the company;
(2) The name and telephone number of the
company’s agent;
(3) The specific location where fire is to be burned,
such as latitude and longitude, UTM, or grid map location;
(4) The date(s) the fire is authorized to occur
and the specific time;
(5) The burning location and material to be
burned;
(6) The name and telephone number of the forest
fire warden to notify each day before burning, if permit is issued for more
than one day;
(7) A list of the fire fighting equipment
required at burning location;
(8) The name and town of the forest ranger and
forest fire warden, or in lieu of the forest fire warden, the authorized
issuing agent; and
(9) The date the fire permit was issued to
permittee.
(c) Prior to being issued a permit, the company’s
agent shall be required to provide the company’s name, the town the burning
location is in, and their signature on the fire permit.
(d) If a forest
ranger and forest fire warden, or in lieu of the forest fire warden, the
authorized issuing agent does not approve a request for a category IV fire
permit pursuant to (a) above, the forest ranger and forest fire warden, or in
lieu of the forest fire warden, the authorized issuing agent shall notify the
permittee.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.06 Outdoor
Grills and Stoves. Charcoal fires in
a container off the ground, gas grills and devices, and all controlled camp
stoves shall not require a fire permit.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.07 Age
Limit. No permit shall be issued to
any person under 18 years of age.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.08 Permit
Restrictions. Any of the following
fire permit restrictions shall be considered a violation and shall cause a fire
permit to be summarily suspended:
(a) If a fire is
kindled, or material is burned between the hours of 9:00 a.m. and 5:00 p.m.
unless it is actually raining, except for category I and IV fire permits;
(b) If a fire is
kindled which is in non‑conformance with permit information provided for
by Res 5601.04 (b) for a category I, II or III fire or Res 5601.05 (b) for a
category IV fire;
(c) If a fire is
kindled, or material is burned during unfavorable weather conditions or when a
proclamation closing the woodlands is in force.
Unfavorable weather conditions shall include, but not be limited to,
wind, lack of precipitation, or any other factor which could increase fire
hazard;
(d) If a fire is
kindled, or material is burned when specified assistance or suppression
equipment is not present to control the fire;
(e) If permittee
fails to keep the fire under control, or if the director, the director's
authorized agents, or forest fire warden feel that the material being burned is
causing an unusual hazard endangering life or property or both;
(f) If material
being burned violates any state law, rule, local ordinance or
(g) If an open fire
is left unattended at any time prior to it being completely extinguished; and
(h) Except for
public and private camp or picnic sites, if fires are kindled and material
burned closer than 50 feet from any structure and if provisions are not made to
prevent a fire from spreading to within 50 feet of a structure unless the fire
is a category I fire in which case it shall not be closer than 25 feet from any
structure.
Source. #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5601.09 Permit
Issuance Suspension. The director
shall, when he or she determines such suspension is necessary to reduce the
imminent hazard, suspend the issuance of fire permits statewide or a portion
thereof during periods of significant or prolonged forest fire activity and
when the daily fire danger as determined by the division reaches a class 4 or
5.
Source. #10547, eff 3-21-14
PART Res 5602 PUBLIC AND PRIVATE CAMP OR PICNIC GROUNDS
Res 5602.01 Authorization
for Use of Category I Seasonal Permit.
(a) Agents or
operators or both of publicly or privately owned camp or picnic grounds shall
obtain a category I seasonal permit for use of outside fires.
(b) In addition to
the requirements listed in Res 5601.03, fires referenced in (a) above shall:
(1) Be on an area cleaned to mineral soil at
least 8 feet across;
(2) Have at least 6 inches of sand or gravel
under the fire for any fire built on the ground;
(3) Have no limbs or other burnable material to a
height of 10 feet above the fire area; and
(4) Have a ring of fire resistive material
constructed so it cannot be moved from the mineral soil area.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
PART Res 5603 DISPOSAL SITES
Res 5603.01 Authorization
for Burning.
(a) All burning
authorized under this part shall be conducted in conformity with the provisions
of
(b) A category IV
permit shall be required for all burning authorized under this part.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5603.02 Fire
Line Definition.
(a) A fire line
consisting of a strip at least 8 feet wide, cleared to mineral soil, shall be
constructed and maintained around the brush dump site to prevent fire from
spreading into adjacent areas. The fire
line shall be located not less than 50 feet nor more than 100 feet from the
burn area.
(b) If physical conditions exist which would make such fire
line construction unfeasible, the construction of the fire line shall not be
required. Such physical conditions shall include, but not be limited to,
hedges, swamps, marshes, roads, and ledge.
(c) All growth,
including trees, brush, and slash, shall be removed from the area inside the
fire line. Slash shall also be removed
for a distance of 50 feet outside the fire line.
(d) The area inside
the fire line shall be burned over periodically whenever there is sufficient
amount of grass, weeds, brush, debris and other flammable material to
communicate fire. Other areas, as stated
in paragraph (b) of this section, above where fire line construction is
unfeasible, shall also be burned over a distance of 100 feet from the burn area
if it, too, bears a sufficient amount of such growth and material to
communicate fire.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5603.03 Precautions.
(a) On all brush
burning disposal areas, an attendant shall be on duty at all times while active
burning is in progress.
(b) When a ban on
open fires has been declared, brush disposal areas shall only be burned at
times when fire protection is provided to keep the fire under control and keep from
spreading, as determined by the forest fire warden or a forest ranger.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5603.04 Rule
Violation. The local forest fire
warden or the forest ranger or both shall bring to the attention of the
selectmen, mayors of cities, or town and city managers any violation of these
rules so that expeditious corrective action shall be effected.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
PART Res 5604 EMERGENCY RULES DURING
Res 5604.01 Wood Closure Proclamations. When the governor and council have, upon the
recommendation of the director of fish and game and the director, proclaimed a
woodlands closure, the director’s authorized agents shall communicate as
promptly as possible and through reasonable means that the following additional
action shall be necessary:
(a) All crews and
individuals working in the woods shall be equipped with sufficient fire
fighting tools in addition to the required patrol;
(b) One person in
each woods crew shall be designated as a patrol to see that all employees
comply with the no smoking, no open fires prohibition;
(c) Chain saw
operators shall have a hand held portable fire extinguisher of the appropriate
class readily available at all times; and
(d) Spark arrestors
shall be required on all equipment used by crews and individuals working in the
woods, and shall be inspected by the director or the director’s authorized
agents to ensure that they are in proper working condition.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
PART Res 5605 TRAINING OF
Res 5605.01 Training
Required. A course of training shall
be required at least once during the 3-year term of appointment for every
forest fire warden, deputy warden, and others authorized by the director to
issue fire permits. The training shall
contain content approved by the division for the purposes of maintaining and
enhancing the competency of the agent and shall be completed either in person
or by electronic format approved by the division.
Source. #8318, EMERGENCY, eff 4-4-05, EXPIRES: 10-1-05;
ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5605.02 Training Topics. The training required pursuant to Res 5605.01
shall contain, at a minimum, a review of current administrative rules, state
statutes, and division policies pertaining to the issuance of fire permits.
Source. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
CHAPTER
Res 5700 - RESERVED
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96
CHAPTER
Res 5800 RULES FOR ADMINISTRATIVE FINES
Statutory
Authority: RSA 227-G:4, V
PART Res 5801 ADMINISTRATIVE FINES
Res 5801.01 Statement
of Purpose. The purpose of these
rules is to provide direction from the commissioner of the department of
resources and economic development for the determination of appropriate
administrative fine amounts for various violations. It is also to ensure, to the fullest extent
practicable, that generally comparable administrative fine amounts will be
assessed throughout the state.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5801.02 Methods
of Reporting.
(a) Any person who
is charged with committing a violation of any statutes or rules cited in Res
5801.03 shall be issued an administrative summons. Such summons shall
constitute notice of the violation.
(b) Each summons
shall contain the following:
(1) The violator's name, trade name, and address;
(2) A description of the alleged violation;
(3) The statute or rule allegedly violated;
(4) The date of the alleged violation;
(5) The time of the alleged violation;
(6) The location of the alleged violation;
(7) An indication of the administrative fine
amount for such violation;
(8) Notice of a right to an administrative
hearing as authorized by RSA 227‑J:14, RSA 227-K:2, IV, and RSA 227-L:2,
V;
(9) The signature and badge number of the
investigating agent; and
(10) An appropriate
space for the respondent to either admit or deny the substance of the
complaint.
(c) Any violation
which is disciplined by a written warning shall not subject the defendant to
further administrative action or fine, provided that the defendant shall take
the appropriate action to remedy the violation(s) which prompted the issuance
of the written warning. All written
warnings shall be reported to the director in the form of a non-action report.
(d) The written warning shall contain the
following information:
(1) The defendant's name, trade name, and
address;
(2) A description of the alleged violation;
(3) The statute or rule allegedly violated;
(4) The date of the alleged violation;
(5) The time of the alleged violation;
(6) The location of the alleged violation; and
(7) The signature and badge number of the
investigating agent.
(e) Any person who
has been charged with a violation shall answer the summons personally or by
mail within 20 days of the date of the issuance of an administrative summons
and shall provide the director with an administrative plea to the charges. However, no answer shall be required in the
case of an issuance of a written warning.
Pleas shall be limited to consent or objection.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5801.03 Administrative
Fine Amounts.
(a) The
administrative fine amount for violation of the prohibited actions in Res
5601.08, relative to fire permit restrictions, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $200.00;
(3) The third offense shall be $400.00; and
(4) Each subsequent offense shall be $800.00.
(b) The
administrative fine amount for violation of RSA 227-J:2, II (c), relative to
failure to comply with a cease and desist order, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(c) The
administrative fine amount for violations of RSA 227-J:4, relative to the
unlawful practice of forestry, shall be as follows:
(1) The first offense shall be $500.00;
(2) The second offense shall be $1,000.00; and
(3) The third and subsequent offense shall be
$2,000.00.
(d) The
administrative fine amount for violations of RSA 227-J:5, relative to failure
to have a notice of intent to cut, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(e) The
administrative fine amount for violations of RSA 227-J:5, relative to posting
certificate of intent to cut, shall be as follows:
(1) The first offense shall be $50.00;
(2) The second offense shall be $100.00;
(3) The third offense shall be $200.00; and
(4) Each subsequent offense shall be $400.00.
(f) The administrative
fine amount for violations of RSA 227-J:5, relative to supplemental notice of
intent to cut, shall be as follows:
(1) The first offense shall be $50.00;
(2) The second offense shall be $100.00;
(3) The third offense shall be $200.00; and
(4) Each subsequent offense shall be $400.00.
(g) The
administrative fine amount for violations of RSA 227-J:5, relative to report of
wood cut, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $200.00;
(3) The third offense shall be $400.00; and
(4) Each subsequent offense shall be $800.00.
(h) The
administrative fine amount for violation of RSA 227-J:6, I, relative to
operations in wetlands, shall be as follows:
(1) The first offense shall be $50.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(i) The
administrative fine amount for violation of RSA 227-J:6, III, relative to
failure to comply with the Best Management Practices for Erosion Control on
Timber Harvesting Operations in New Hampshire, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(j) The
administrative fine amount for violation of RSA 227-J:7, relative to alteration
of terrain, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(k) The
administrative fine amount for violation of RSA 227-J:8, relative to trespass,
civil penalty, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(l) The administrative
fine amount for violation of RSA 227-J:8-a, relative to trespass, criminal
penalty, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(m) The
administrative fine amount for violation of RSA 227-J:9, relative to basal area
violations, shall be as follows:
(1) The first offense shall be $500.00;
(2) The second offense shall be $1,000.00; and
(3) The third and subsequent offense shall be
$2,000.00.
(n) The
administrative fine amount for violation of RSA 227-J:10, relative to care of
slash and mill residue, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(o) The
administrative fine amount for violation of RSA 227-J:11, relative to
prohibition on the transportation of coniferous trees, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(p) The administrative
fine amount for violation of RSA 227-J:12, relative to mill logs, shall be as
follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(q) The
administrative fine amount for violation of RSA 227-J:13, relative to damage to
fences, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(r) The
administrative fine amount for violation of the prohibited actions in RSA
227-J:15, I, relative to deceptive forestry business practices, shall be as
follows:
(1) The first offense shall be $500.00;
(2) The second offense shall be $1,000.00;
(3) The third offense shall be $1,500.00; and
(4) Each subsequent offense shall be $2,000.00.
(s) The
administrative fine amount for violation of the prohibited actions in RSA
227-J:15, III, relative to failure to provide a written contract, shall be as
follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $200.00;
(3) The third offense shall be $400.00; and
(4) Each subsequent offense shall be $800.00.
(t) The
administrative fine amount for violation of the prohibited actions in RSA
227-K:17, relative to quarantines, orders, or movement of dangerous insects or
diseases, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(u) The
administrative fine amount for violation of RSA 227-L:2, IV (c), relative to
failure to comply with a cease and desist order, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(v) The
administrative fine amount for violation of RSA 227-L:11, III, relative to
willful neglect or refusal to perform duties, shall be as follows:
(1) The first offense shall be $250.00;
(2) The second offense shall be $500.00;
(3) The third offense shall be $1,000.00; and
(4) Each subsequent offense shall be $2,000.00.
(w) The
administrative fine amount for violation of RSA 227-L:13, I relative to failure
to report a woodland fire, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(x) The
administrative fine amount for violation of RSA 227-L:13, II, relative to
disobeying a forest fire warden, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(y) The administrative
fine amount for violations of RSA 227-L:14, relative to interference with
forest fire control personnel, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(z) The
administrative fine amount for violations of RSA 227-L:15, relative to smoking
or kindling of fires in violation of a governor's proclamation, shall be as
follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(aa) The
administrative fine amount for violation of RSA 227-L:16, relative to trespass
upon or smoking in the
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(ab) The
administrative fine amount for violations of RSA 227-L:17, relative to failure
to obtain written permission and permits, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(ac) The
administrative fine amount for violations of RSA 227-L:18, I, relative to
placing, dropping or throwing any flammable waste material, shall be as
follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(ad) The
administrative fine amount for violations of RSA 227-L:19, relative to dropping
lighted matches, or other substances liable to cause a fire, shall be as
follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
(ae) The
administrative fine amount for violation of RSA 227-L:20, relative to suitable
exhaust systems on motorized equipment, shall be as follows:
(1) The first offense shall be $100.00;
(2) The second offense shall be $250.00;
(3) The third offense shall be $500.00; and
(4) Each subsequent offense shall be $2,000.00.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5801.04 Grievous
Violations. The full administrative
fine amount of $2,000.00 shall be assessed for violations if the director
determines that:
(a) Suppression
costs, damages or both exceed $5,000 as a result of any recklessly, knowingly,
or purposely committed violation of RSA 227-L;
(b) Losses exceed
$20,000 for violation of RSA 227-J:8 or RSA 227-J:8-a;
(c) Losses exceed
$20,000 for violation of RSA 227-J:15;
(d) Any recklessly,
knowingly, or purposely committed violation of RSA 227-J:6 or RSA 227-J:7 impacts
a fourth order stream or higher, or a body of water 10 acres or greater in
size; or
(e) Losses, damages
or both exceed $5,000 as a result of any recklessly, knowingly, or purposely
committed violation of RSA 227-J, except for (b), (c) and (d) above.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05 ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
Res 5801.05 Previous Offenses. If a person has not committed the same
offense in 7 years, the next offense shall be considered as a first offense.
Source. (See Revision Note at Chapter Heading Res
5200) #6207, eff 3-21-96, EXPIRED: 3-21-04
New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04
New. #8318, EMERGENCY, eff 4-4-05, EXPIRES:
10-1-05; ss by #8441, eff 10-1-05; ss by #10547, eff 3-21-14
CHAPTER Res 5900 RULES FOR ENHANCED PENALTIES
Statutory
Authority: RSA 227-G:4, X-a
PART Res 5901 ENHANCED PENALTIES
Res 5901.01 Statement
of Purpose. The purpose of these
rules is to provide direction from the commissioner of the department of resources
and economic development for a rational and uniform system in the determination
of enhanced penalties applied to habitual or frequent violators of laws
governing the protection and improvement of forestlands. It is also to ensure, to the fullest extent
practicable, that generally comparable enhanced penalties will be assessed
throughout the state.
Source. #10547, eff 3-21-14
Res 5901.02 Assessment
of Points.
(a) Any person who has accumulated 8 or more points for
violation of any offense in paragraph (b) within a 7 year period, based upon
the date of the offense, shall be subject to an enhanced penalty.
(b) The following
schedule shall be used to assess points:
(1) One point for conviction of RSA 79:10 or RSA
227-J:5, relative to notice of intent to cut and report of wood cut;
(2) Two points for conviction of:
a. RSA 227-J:6 or RSA 482-A, relative to
operations in wetlands;
b. RSA 227-J:7 or RSA 485-A:17, relative to alteration
of terrain;
c. RSA 227-J:10, relative to care of slash and
mill residue;
d. RSA 227-J:15, III, relative to deceptive
forestry business practices; or
e. RSA 472:6, relative to removing or altering
boundary markers; and
(3) Three points for conviction of:
a. RSA 21-J:39, relative to criminal penalties
as it pertains to timber harvesting;
b. RSA 227-J:8, relative to trespass, civil
penalty;
c. RSA 227-J:8-a, relative to trespass, criminal
penalty;
d. RSA 227-J:9, relative to basal area
violations;
e. RSA 227-J:15, I, relative to deceptive
forestry business practices;
f. RSA 227-K:17, relative to quarantines,
orders, or movement of dangerous insects or diseases; or
g. RSA 637, relative to theft as it pertains to
timber harvesting.
Source. #10547, eff 3-21-14
Res 5901.03 Convictions. For the purposes of this section, conviction shall
mean any criminal, civil, or administrative findings of guilt by a governmental
entity upon proper adjudication.
Source. #10547, eff 3-21-14
Res 5901.04 Multiple Violations. Multiple violations of the same offense
resulting from a single incident shall be counted as one conviction for the
purpose of assessing points. Violations
of separate offenses resulting from a single incident shall be counted as
separate convictions for the purpose of assessing points. For the purposes of this section, single
incident means violation(s) of a timber harvesting operation occurring under
the same intent to cut number required by RSA 79:10, or under the same property
owner within a calendar year for those timber harvesting operations not
requiring an intent to cut. It shall not
be considered a single incident when a subsequent violation of the same offense
occurs after a previous violation for which official action has already been
taken.
Source. #10547, eff 3-21-14
Res 5901.05 Conviction
of Laws of Another State. If a
person is convicted under the laws of another state, of a law that contains the
same elements as any offense listed under Res 5901.02 (b), the conviction shall
be used for the purpose of assessing points for an enhanced penalty.
Source. #10547, eff 3-21-14
Res 5901.06 Burden
of Proof. If a person who meets the
requirements of an enhanced penalty shall deny any facts relating to the
convictions of offenses used to assess points, then the person shall have the
burden of proving that such is untrue.
Source. #10547, eff 3-21-14
APPENDIX
|
Rule |
|
|
|
|
|
Res 5201.01 (a) |
RSA 541-A:7 |
|
Res 5201.01 (b) |
RSA 227-G:2, IV |
|
Res 5201.01 (c) |
RSA 227-G:2, V |
|
Res 5201.01 (d), (e)
and (f) |
RSA 541-A:7 |
|
Res 5201.01 (g) |
RSA 227-G:2, XIII |
|
Res 5201.01 (h) |
RSA 227-G:2, XIV |
|
Res 5201.01 (i), (j)
and (k) |
RSA 541-A:7 |
|
Res 5201.01 (l) |
RSA 227-G:2, XVIII |
|
Res 5201.01 (m) |
RSA 227-G:2, XIX |
|
Res 5202.01 |
RSA 227-G:4, II, RSA 227-I:9,
III and IV, and RSA 541-A:30, III |
|
Res 5203.01 |
RSA 227-I:9, II (a) |
|
Res 5203.02 |
RSA 227-I:9, I and II
(b) and (c) |
|
Res 5203.03 |
RSA 227-I:9, II (d) |
|
Res 5204.01 |
RSA 227-I:10 |
|
Res 5301.01 (a) |
RSA 227-G:2, I |
|
Res 5301.01 (b) |
RSA 541-A:7 |
|
Res 5301.01 (c) |
RSA 227-G:2, IV |
|
Res 5301.01 (d) |
RSA 227-G:2, XII |
|
Res 5301.01 (e)
through (n) |
RSA 541-A:7 |
|
Res 5302.01 |
RSA 227-J:9, V (a) |
|
Res 5302.02 |
RSA 227-J:9, I and V
(a) |
|
Res 5302.03 |
RSA 227-J:9, V (a) |
|
Res 5302.04 |
RSA 227-J:9, V |
|
Res 5302.05 through
Res 5302.08 |
RSA 227-J:9, IV |
|
Res 5302.09 through
Res 5302.11 |
RSA 227-J:9, I, II and
V |
|
Res
5302.10 (a) |
RSA
227-J:9, I and II |
|
Res
5302.10 (b) |
RSA
227-J:9, V |
|
Res 5303.01 through Res
5303.02 |
RSA 227-G:4, VII, RSA
227-J:15, II and RSA 541-A:7 |
|
Res 5303.03 |
RSA 227-J;15, I (e)
and III |
|
Res 5303.04 |
RSA 227-J:15, I and
III |
|
Res 5401 |
RSA 485-B:1-a |
|
Res 5501.01 (a)
through (e) |
RSA 541-A:7 |
|
Res 5501.01 (f) |
RSA 430:52, VI |
|
Res 5501.01 (g) and
(h) |
RSA 541-A:7 |
|
Res 5501.01 (i) |
RSA 227-G:2, XV |
|
Res 5501.01 (j) |
RSA 541-A:7 |
|
Res 5502.01 |
RSA 227-K:3, II and
III (a) and (b) |
|
Res 5502.02 |
RSA 227-K:3, I |
|
Res 5502.03 |
RSA 227-K:3, III (c) |
|
Res 5503.01 through
Res 5503.03 |
RSA 227-K:2, III |
|
Res 5503.04 |
RSA 227-K:2, IV and
RSA 227-K:17 |
|
Res
5601.01 |
RSA
541-A:7 |
|
Res 5601.01 (h) |
RSA 227-G:2, IV |
|
Res 5601.01 (i) |
RSA 227-G:2, V |
|
Res 5601.02 |
RSA 227-G:4, IX and
RSA 227-L:17, II |
|
Res 5601.03 |
RSA 227-G:4, IX |
|
Res 5601.04 |
RSA 227-G:4, IX and
RSA 227-L:17, II and IV |
|
Res 5601.05 |
RSA 227-G:4, IX and
RSA 227-L:17, II |
|
Res 5601.06 and Res
5601.07 |
RSA 227-G:4, IX |
|
Res 5601.08 |
RSA 227-G:4, IX and
RSA 541-A:30, III |
|
Res 5601.09 |
RSA 227-G:4, IX |
|
Res 5602.01 |
RSA 227-G:4, IX and
RSA 227-L:17, IV |
|
Res 5603.01 through
Res 5603.04 |
RSA 227-G:4, IX and
RSA 227-L:17, II |
|
Res 5604.01 |
RSA 227-G:4, X and RSA
227-L:15 |
|
Res 5605 |
RSA 227-G:4, IX |
|
Res 5801.01 |
RSA 227-G:4, V |
|
Res 5801.02 |
RSA 227-G:4, V, RSA
227-J:14, I (b) and RSA 227-K:2, IV (b) |
|
Res 5801.03 (a) |
RSA 227-G:4, IX and
RSA 227-J:14, I (a) |
|
Res 5801.03 (b) |
RSA 227-J:2, II and
RSA 227-J:14, I (a) |
|
Res 5801.03 (c) |
RSA 227-J:4 and RSA 227-J:14,
I (a) |
|
Res 5801.03 (d) |
RSA 227-J:5 and RSA
227-J:14, I (a) |
|
Res 5801.03 (e) |
RSA 227-J:5 and RSA
227-J:14, I (a) |
|
Res 5801.03 (f) |
RSA 227-J:5 and RSA
227-J:14, I (a) |
|
Res 5801.03 (g) |
RSA 227-J:5 and RSA
227-J:14, I (a) |
|
Res 5801.03 (h) |
RSA 227-J:6, I and RSA
227-J:14, I (a) |
|
Res 5801.03 (i) |
RSA 227-J:6, III and
RSA 227-J:14, I (a) |
|
Res 5801.03 (j) |
RSA 227-J:7, I and RSA
227-J:14, I (a) |
|
Res 5801.03 (k) |
RSA 227-J:8, I and RSA
227-J:14, I (a) |
|
Res 5801.03 (l) |
RSA 227-J:8-a, I and
RSA 227-J:14, I (a) |
|
Res 5801.03 (m) |
RSA 227-J:9, VI (a)
and RSA 227-J:14, I (a) |
|
Res 5801.03 (n) |
RSA 227-J:10, VIII and
RSA 227-J:14, I (a) |
|
Res 5801.03 (o) |
RSA 227-J:11, II and
RSA 227-J:14, I (a) |
|
Res 5801.03 (p) |
RSA 227-J:12, I and
RSA 227-J:14, I (a) |
|
Res 5801.03 (q) |
RSA 227-J:13 and RSA
227-J:14, I (a) |
|
Res 5801.03 (r) |
RSA 227-J:14, I (a)
and RSA 227-J:15, I |
|
Res 5801.03 (s) |
RSA 227-J:14, I (a)
and RSA 227-J:15, III |
|
Res 5801.03 (t) |
RSA 227-K:2, I (a) and
RSA 227-K:17, I |
|
Res 5801.03 (u) |
RSA 227-L:2, IV (c)
and V (a) |
|
Res 5801.03 (v) |
RSA 227-L:2, V (a) and
RSA 227-L:11, III |
|
Res 5801.03 (w) |
RSA 227-L:2, V(a) and
RSA 227-L:13, I |
|
Res 5801.03 (x) |
RSA 227-L:2, V(a) and
RSA 227-L:13, II |
|
Res 5801.03 (y) |
RSA 227-L:2, V(a) and
RSA 227-L:14 |
|
Res 5801.03 (z) |
RSA 227-L:2, V(a) and
RSA 227-L:15 |
|
Res 5801.03 (aa) |
RSA 227-L:2, V(a) and
RSA 227-L:16 |
|
Res 5801.03 (ab) |
RSA 227-L:2, V(a) and RSA
227-L:17, VII |
|
Res 5801.03 (ac) |
RSA 227-L:2, V(a) and
RSA 227-L:18, I |
|
Res 5801.03 (ad) |
RSA 227-L:2, V(a) and
RSA 227-L:19 |
|
Res 5801.03 (ae) |
RSA 227-L:2, V(a) and
RSA 227-L:20 |
|
Res 5801.04 and Res
5801.05 |
RSA 227-G:4, V |
|
Res 5901 |
RSA 227-G:4, X-a and
RSA 227-G:10 |