SB343: relative to landowner permission for OHRV operation and relative to loading and unloading OHRVs on highways.

SB 343 - AS AMENDED BY THE HOUSE

15Apr2004... 1064h

2004 SESSION

04-3041

10/09

SENATE BILL 343

AN ACT relative to landowner permission for OHRV operation, relative to loading and unloading OHRVs on highways, and relative to criteria for trail construction on state-owned property for all-terrain vehicles and trail bikes

SPONSORS: Sen. Odell, Dist 8; Sen. Gallus, Dist 1; Sen. Flanders, Dist 7; Rep. Royce, Ches 28; Rep. Alger, Graf 14

COMMITTEE: Wildlife and Recreation

AMENDED ANALYSIS

This bill

I. Requires persons operating OHRVs to have permission from private and public landowners.

II. Repeals an exception for loading and unloading OHRVs on highways from the prohibition on operating in highway rights-of-way.

III. Changes certain ATV and trail bike trail criteria for planning and layout of a trail on state-owned property.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Apr2004... 1064h

04-3041

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to landowner permission for OHRV operation, relative to loading and unloading OHRVs on highways, and relative to criteria for trail construction on state-owned property for all-terrain vehicles and trail bikes

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 OHRV Operation; Permission; Private Property and Public Property. Amend the introductory paragraph of RSA 215-A:29, XI to read as follows:

XI. No person shall operate an OHRV on the [private] property of another unless such operator has obtained written permission from the landowner except as follows:

2 OHRVs; Trail Evaluation Process. Amend RSA 215-A:43, II, (l) - (o) to read as follows:

(l) The proposed trail does not pass through [a wellhead protection] the sanitary protective area of a community groundwater supply as determined by the department of environmental services [under RSA 485:48, II], and in no case shall the trail be closer than 400 feet from a wellhead.

(m) The proposed trail is not located on earthen dams, dikes, and spillways.

(n) The proposed trail avoids areas having soil types classified as important forest soil group IIA or IIB as defined and mapped by the Natural Resources Conservation Service, unless there is an existing soil condition or surface roadway that can be used to reduce adverse environmental impacts.

(o) The proposed trail is not within 100 feet of the ordinary high water mark of first and second order streams, 330 feet of third order streams, and 600 feet of fourth order and higher streams, except for purposes of stream crossing, except as provided for in subparagraph II(j).

3 Repeal. RSA 215-A:9, VI, relative to loading and unloading OHRVs on highways for trail access, is repealed.

4 Effective Date.

I. Sections 1 and 3 of this act shall take effect January 1, 2005.

II. The remainder of this act shall take effect 60 days after its passage.