RSA 227-J:2 · Duties and Authority of the Director

227-J:2 Duties and Authority of the Director. –

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I.

The director, or the director's authorized agents shall:

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(a)

Be the primary enforcement agency for this chapter.

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(b)

Enforce the provisions of RSA 637 insofar as they pertain to the protection and improvement of forestlands.

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II.

The director or the director's authorized agents may:

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(a)

For the purpose of performing the duties under this chapter, enter upon all lands in this state, posted or otherwise.

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(b)

Exercise the powers of arrest pursuant to RSA 227-G:7.

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(c)

Issue a written cease and desist order against any timber operation in violation of this chapter, with the exception of RSA 227-J:4. Any such violation may be enjoined by the superior court, upon application of the attorney general. A person failing to comply with the cease and desist order shall be guilty of a class A misdemeanor.

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(d)

Issue cease and desist orders to temporarily suspend logging or other operations in forest areas when the director determines that such actions have resulted in, or are likely to result in, pollution of surface water or groundwater. In such instances, the director shall immediately notify the division of water supply and pollution control, which shall investigate at once. The cease and desist order issued by the director shall remain in force until such time as the division of water supply and pollution control determines whether the action in question constitutes a threat to water supplies.

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III.

The director may enter into cooperative agreements or memoranda of understanding for the enforcement of the provisions of this chapter. Source. 1995, 299:1. 2010, 171:3, eff. Jan. 1, 2011.

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