Res5000 Initial Proposal by VGLW5vR

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Readopt with amendment Res 5200-5300, effective 10/1/05 (Document #8441), to read as follows:

CHAPTER Res 5200 RULES FOR THE OPERATION OF WOOD PROCESSING MILLS AND WOOD
CONCENTRATION YARDS

                Statutory Authority: RSA 227-G:4, II

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;
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                (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, located on a lot
currently being harvested, 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. Wood chips 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.

         (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.”

         [(l)](m) “Woodland” means “woodland” as defined in RSA 227-G:2, XVII, 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.”

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:
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                (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 or concentration yard 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.

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.

      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;
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                (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 typewritten.

        (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 New Hampshire."

        (e) The applicant shall mail or hand-deliver the completed application to:

                Department of Resources and Economic Development
                Division of Forests and Lands
                172 Pembroke Road
                P.O. Box 1856
                Concord, NH 03302-1856

       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.
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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.

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 or portion thereof for the purpose of permanently
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 or authorized agent” means “owner” as defined in RSA 79:1, II (a), namely
“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.”
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         (i) “Public highway” means highways such as are laid out in the mode prescribed therefore by
statute, or roads which have been constructed for public travel over land which has been conveyed to a
city or town or to the state by deed of a fee or easement interest, or roads which have been dedicated to
the public use and accepted by the city or town in which such roads are located, or roads which have
been used as such for public travel, other than travel to and from a toll bridge or ferry, for 20 years prior
to January 1, 1968.

       (j) “Scenic vista” means a point or area which affords a panoramic, unique, or highly pleasant
view towards a feature or features in the distance.

         (k) “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. Wood chips 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.

        (l) “Well distributed stand” means 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.

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 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 necessary 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 necessary as part of a silvicultural plan or strategy 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) Any other condition that is consistent with the purpose of RSA 227-J:1 shall be considered
by the director.
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        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.

        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
                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 permits have been applied for and approved;

                (7) If proposed cutting area is associated with a land conversion, and the expected
                completion date of the 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;

                (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 covered under a forest
                stewardship plan; and

                (13) The expected start date and completion date of the proposed cutting operation.

        (b) All information shall be typewritten.

         (c) The applicant shall include a copy of the topographic or town tax map outlining the proposed
cutting area.
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        (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
                172 Pembroke Road
                PO Box 1856
                Concord, NH 03302-1856

        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.

         Res 5302.05 Time Period to Exceed 50 Percent Basal Area. Approval from the director to
exceed the cutting limits of the basal area for changes in land use shall be valid for 180 days from the
starting date of the cutting operation.

        Res 5302.06 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.

        Res 5302.07 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;
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                (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 typewritten.

         (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
                172 Pembroke Road
                PO Box 1856
                Concord, NH 03302-1856

        Res 5302.08 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.

        Res 5302.09 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 180 days
from the original completion date of the cutting operation.
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        Res 5302.10 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.

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.

        [(a)] (b) “Buying a forest product” means exchanging money or service to purchase a forest
product, or bartering for the exchange of a forest product.

         [(b)] (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.

         [(c)] (e) “Scale slip” means a written or printed form or combination of forms which provide [a]
an accurate, readily understandable record [of the measurement of wood to which it relates and is
prepared by the person who measures the wood or the assisting tally person] 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.

        [(d)] (f) “Written contract” means a written contract between the landowner and buyer of the
standing timber that defines the terms of the contract, terms of the payment, and cost per thousand.

        [(e)] (g) “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.

        Res 5303.02 Determining 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 agents.

        [Res 5303.03 Scale Slip. A scale slip shall contain the following information:

        (a) Species of wood;
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        (b) Product;

        (c) Board footage of each individual log when standard unit of measurement is per thousand
board feet or tonnage or cordage when sold on a per thousand board feet basis;

        (d) Gross scale, defect and net scale;

        (e) Date wood was measured; and

        (f) Name of party scaling the wood.]

      Res 5303.[04]03 Violation. Deceptive forestry business practices shall be penalized pursuant to
RSA 227-J:15, I and III.

Readopt Res 5400, effective 10/1/05 (Document #8441), to read as follows:

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.

        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 typewritten.
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         (c) The applicant shall include copies of all necessary federal, state, and local permit approvals,
as listed on the form.

        (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
                172 Pembroke Road
                PO Box 1856
                Concord, New Hampshire 03302-1856

        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 New
Hampshire department of environmental services.

         (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.

        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.

Readopt with amendment Res 5500, effective 10/1/05 (Document #8441), to read as follows:

CHAPTER Res 5500 FOREST HEALTH

                Statutory Authority: RSA 227-G:4, VIII, VIII-a and VIII-b

PART Res 5501 DEFINITIONS FOR FOREST HEALTH
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        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) “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.

         (d) “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)] (e) “Exotic pest” means an insect or disease of foreign origin that has been introduced into
an ecosystem where it has not been known to occur.

        (f) “Firewood” means any kindling, logs, timber, or other portions of a tree of any species cut
and split, or not split, into a form and size appropriate for use as fuel for fires in an open pit, grill,
fireplace or stove.

        [(e) “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.]

         [(f)] (g) “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.”

        (h) “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.

         (i) “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.

       (j) “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.”

        (k) “Untreated wood” means any firewood having not been kiln to 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.

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 an
exotic or non-native pest exists on any lands within the state, whose spread to adjacent lands threatens
                                                                             Initial Proposal   7/13/12   14


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.

        Res 5502.02 Notification. The director shall notify all landowners in writing of a designated
control area identified pursuant to Res 5502.01 (a).

        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.

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.
Following a designation of quarantine, the public shall be notified pursuant to Res 5503.02.

        (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.

       Res 5503.02 Notification. The director shall notify the public by public announcements and
media postings of a designation of quarantine identified pursuant to Res 5503.01 (a).

        Res 5503.03 Public Hearing. The department shall hold a hearing not later than 30 days from the
effective date of quarantine. The hearing shall be held in accordance with the provisions of Res 200.

       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.
                                                                              Initial Proposal   7/13/12    15


Readopt Res 5600, effective 10/1/05 (Document #8441), to read as follows:

CHAPTER Res 5600 FOREST FIRE SERVICE RULES

                 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.

         (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.

        (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.

        (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.

       (g) “Completely extinguished” means to extinguish so that it emits no smoke, heat or flames.
The term does not include a buried fire.

        (h) “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.

       (i) “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.

         (j) “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.

        (k) “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.

        (l) “Kindle” means from the point of ignition to the time of complete extinguishment.
                                                                                 Initial Proposal   7/13/12   16


        (m) “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.

           (n) “Permittee” means a landowner or a person having written permission from the landowner.

       (o) “Portable fireplaces” means devices such as chimeneas, steel fire pits, and any other device
designed to burn permissible combustibles other than gas or charcoal.

        (p) “Raining” means sustained precipitation that is actively occurring of sufficient intensity and
duration so as to prevent fire from spreading in woodland fuels.

           (q) “Seasonal permit” means a permit issued on an annual basis for a category I, II and IV fire.

        (r) “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.

        Res 5601.02 Fire Permit Required. A fire permit shall be required for all open burning when the
ground is not covered by snow.

           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.

           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;
                                                                              Initial Proposal   7/13/12   17


                (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.

        (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.

        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;
                                                                              Initial Proposal   7/13/12   18



                (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; and

                (7) The permittee has not had more than 2 open burning violations, or any grievous
                violations, within the past 7 years.

        (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.

       Res 5601.06 Charcoal Fires. Charcoal fires in a container off the ground and all controlled
camp stoves shall not require a fire permit.

        Res 5601.07 Age Limit. No permit shall be issued to any person under 18 years of age.
                                                                               Initial Proposal   7/13/12   19


        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 New Hampshire
department of environmental services rules regarding open burning.

        (g) If an open fire is left unattended at any time prior to it being completely extinguished.

         (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.

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.
                                                                            Initial Proposal     7/13/12   20


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 New Hampshire department of environmental services rules Env-A 1000.

        (b) A category IV permit shall be required for all burning authorized under this part.

        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.

        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 process.

       (b) When a ban on open fires has been declared, brush disposal areas may 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.

         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.

PART Res 5604 EMERGENCY RULES DURING HIGH FOREST FIRE DANGER PERIODS

         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;
                                                                            Initial Proposal   7/13/12   21



       (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 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.

Readopt with amendment Res 5800, effective 10/1/05 (Document #8441), to read as follows:

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 insure, to the fullest extent
practicable, that generally comparable administrative fine amounts will be assessed throughout the state.

        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
                                                                           Initial Proposal   7/13/12   22



                (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
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 complaint personally or
by mail within 20 days of the date of the issuance of an administrative complaint 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.

        Res 5801.03 Administrative Fine Amounts.

       (a) 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.

        (b) 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
                                                                            Initial Proposal   7/13/12   23


                (3) The third and subsequent offense shall be $2,000.00.

        (c) The administrative fine amount for violations of RSA 227-J:5, relative to notice of intent to
cut and report of wood cut, shall be as follows:

                (1) The first offense shall be $150.00;

                (2) The second offense shall be $300.00;

                (3) The third offense shall be $600.00; and

                (4) Each subsequent offense shall be $2,000.00.

       (d) The administrative fine amount for violation of RSA 227-J:6, relative to operations in
wetlands, 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 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.

        (f) 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.

        (g) 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 $500.00;
                                                                           Initial Proposal   7/13/12   24



                (2) The second offense shall be $1,000.00; and

                (3) The third and subsequent offense shall be $2,000.00.

        (h) 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.

         (i) 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.

        (j) 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.

        (k) 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.

         (l) The administrative fine amount for violation of RSA 227-J:13, relative to damage to fences,
shall be as follows:
                                                                          Initial Proposal   7/13/12   25


                (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.

        (m) The administrative fine amount for violation of RSA 227-J:15, 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.

         (n) The administrative fine amount for violation of RSA 227-K:17, I, relative to quarantines,
orders, or movement of dangerous insects or diseases, 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 $1,500.00; and

                (4) Each subsequent offense shall be $2,000.00.

       [(n)] (o) 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.

        [(o)] (p) 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
                                                                            Initial Proposal   7/13/12   26


                (4) Each subsequent offense shall be $2,000.00.

         [(p)] (q) 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.

         [(q)] (r) 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 $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.

        [(r)] (s) 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 $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.

        [(s)] (t) 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 $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.

       [(t)] (u) The administrative fine amount for violation of RSA 227-L:16, relative to trespass upon
or smoking in the White Mountain National Forest, shall be as follows:

                (1) The first offense shall be $100.00;
                                                                          Initial Proposal   7/13/12   27



                (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.

        [(u)] (v) 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.

       [(v)] (w) 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.

        [(w)] (x) The administrative fine amount for violation of RSA 227-L:18, II, relative to material
that constitutes an unusual hazard, 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.

        [(x)] (y) 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.
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        [(y)] (z) 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.

        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.

        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.

Adopt Res 5900 to read as follows:

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 insure, to the fullest extent
practicable, that generally comparable enhanced penalties will be assessed throughout the state.

       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.
                                                                               Initial Proposal   7/13/12   29


(b) The following point schedule shall be used to assess violations:

        (1) 1 point for conviction of RSA 79:10 or RSA 227-J:5, relative to notice of intent to cut and
        report of wood cut; or

        (2) 2 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) 3 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.

         Res 5901.03 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 shall mean 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.

        Res 5901.04 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.

        Res 5901.05 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.
                                                            Initial Proposal   7/13/12    30


                                  Appendix


Rule                                  Specific State or Federal Statutes                 or
                                      Regulations which the Rule Implements


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
                                      RSA 227-G:4, II, RSA 227-I:9, III and IV, and
Res 5202.01
                                      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), (f) and (g)          RSA 541-A:7
Res 5301.01 (h)                       RSA 79:1, II (a)
Res 5301.01 (i) through (l)           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                           RSA 227-J:9, V
Res 5302.06 through Res 5302.09       RSA 227-J:9, IV
Res 5302.10                           RSA 227-J:9, I, II and V
                                      RSA 227-G:4, VII, RSA 227-J:15, II and RSA
Res 5303.01 through Res 5303.02
                                      541-A:7
Res 5303.03                           RSA 227-J:15, I and III
Res 5401                              RSA 485-B:1-a
Res 5501.01 (a) through (f)           RSA 541-A:7
                                                         Initial Proposal   7/13/12   31


Res 5501.01 (g)                   RSA 430:52, VI
Res 5501.01 (h) and (i)           RSA 541-A:7
Res 5501.01 (j)                   RSA 227-G:2, XV
Res 5501.01 (k)                   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 5601.02                       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 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
Res 5801.01                       RSA 227-G:4, V
                                  RSA 227-G:4, V, RSA 227-J:14, I (b) and RSA
Res 5801.02
                                  227-K:2, IV (b)
Res 5801.03 (a)                   RSA 227-J:2, II and RSA 227-J:14, I (a)
Res 5801.03 (b)                   RSA 227-J:4 and RSA 227-J:14, I (a)
Res 5801.03 (c)                   RSA 227-J:5 and RSA 227-J:14, I (a)
Res 5801.03 (d)                   RSA 227-J:6, I and RSA 227-J:14, I (a)
Res 5801.03 (e)                   RSA 227-J:7, I and RSA 227-J:14, I (a)
Res 5801.03 (f)                   RSA 227-J:8, I and RSA 227-J:14, I (a)
Res 5801.03 (g)                   RSA 227-J:8-a, I and RSA 227-J:14, I (a)
Res 5801.03 (h)                   RSA 227-J:9, VI(a) and RSA 227-J:14, I (a)
Res 5801.03 (i)                   RSA 227-J:10, VIII and RSA 227-J:14, I (a)
Res 5801.03 (j)                   RSA 227-J:11, II and RSA 227-J:14, I (a)
Res 5801.03 (k)                   RSA 227-J:12, I and RSA 227-J:14, I (a)
Res 5801.03 (l)                   RSA 227-J:13 and RSA 227-J:14, I (a)
Res 5801.03 (m)                   RSA 227-J:14, I (a) and RSA 227-J:15, I
Res 5801.03 (n)                   RSA 227-K:2, I (a) and RSA 227-17, I
Res 5801.03 (o)                   RSA 227-L:2, IV (c) and RSA 227-L:2, V (a)
Res 5801.03 (p)                   RSA 227-L:2, V (a) and RSA 227-L:11, III
Res 5801.03 (q)                   RSA 227-L:2, V(a) and RSA 227-L:13, I
                                                 Initial Proposal   7/13/12   32


Res 5801.03 (r)               RSA 227-L:2, V(a) and RSA 227-L:13, II
Res 5801.03 (s)               RSA 227-L:2, V(a) and RSA 227-L:14
Res 5801.03 (t)               RSA 227-L:2, V(a) and RSA 227-L:15
Res 5801.03 (u)               RSA 227-L:2, V(a) and RSA 227-L:16
Res 5801.03 (v)               RSA 227-L:2, V(a) and RSA 227-L:17, VII
Res 5801.03 (w)               RSA 227-L:2, V(a) and RSA 227-L:18, I
Res 5801.03 (x)               RSA 227-L:2, V(a) and RSA 227-L:18, II
Res 5801.03 (y)               RSA 227-L:2, V(a) and RSA 227-L:19
Res 5801.03 (z)               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

								
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