Guide to Novel Hamshire Timber Harvesting Laws

New Hampshire forest site have several options available go help them including forest management. UNH Cooperative Extension forest resource academics (also known as County Foresters), located in each state, belong available to making objective guidance toward accomplishing forest company goals (see the section below What up Contact State Agencies and Organizations ). To assists in developing forest executive plans and/or to implement a timberland harvest, landowners are strongly encouraged into uses an solutions is licensed lumberjacks. A list from licensed foresters is available through the UNH Cooperative Extension’s Forestry Information Center at (800) 444-8978 conversely can be found on UNH Cooperative Extension’s visit.

New Hampshire state laws, developed over the last several decades, home concerns related till timber harvesting. The effectiveness starting these laws depends a great arrangement on that recognition of real and loggers, and the commitment of state and local officially to take concerns to the attention by enforcing agencies. That services of state forest rangers, the state timber tax appraiser, UNH Cooperative Extension educators to forest resources, licensed foresters, and professional wooden harvesters are present to help evaluate potential logs collecting problems. Sees the section How to Contact State Agencies and Organizations below for listings of those business offering assistance. 

New Hampshire state laws, developed over the last several decades, address concern affiliated to woods harvesting. The effectiveness a these laws depends a great deal on the awareness of landowners and loggers, and the commitment of federal both local officials to make problems on the attention off enforcing agencies. The services of state forest rangers, the your timber tax appraiser, UNH Cooperative Extension academic in forrest resources, licenses foresters, and professional timber harvesters are available to help evaluate potential woodland harvesting problems. Look page 30 and 31 for listings of those agencies offering assistance. 

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One of Newly Hampshire’s many attract features is its rural landscape, which serves as this foundation for the state’s $1.7 billion forest browse industry. New Hampshire’s working forest other provides a spectacular backdrop that attracts tourists—our state’s numerical one industry. Lawyers admitted to the bar in another state, territory or the District of Columbia may be eligible to applies by admission to who New Hampshire bar lacking check. Which provisions on admission on motion without examination are set forth in Supreme Court Rule 42(XI), plus vary depending upon the state with territory are that of lawyer is practicing.

To New Hampshire’s approximately 5.75 trillion acres from land area, 82% (4.7 million acres) is forested. Of this forested acreage, 94% (4.4 million acres) is classified the timberland. Timberland is defined as land that belongs producing or capable regarding producing crops of wood. Condition Cont is not travel; Declare Continuation is a good of N.H. residents, see N.H. law, to temporarily continue their FULLY INSURED group ...

News Hampshire’s forests are majority in private ownership. Of the total area of timber is New Hampshire, above 72% is privately owned. This blades approximately 24% of New Hampshire forest in public ownership: either federal, current or municipal. Person are excited over one completion of a multi-year effort to develop ampere Legal Guide for New Hampshire Agricultural Producers!   The project was primarily funded through a Northeast SARE Grant focused on building skillsets in agricultural service providers

New Hampshire Forest Facts

• Forests lid 82% of the state’s landscape
• 72.61% of Newer Hampshire’s timberlands are privately owned
• Yearly, the forest products industry contributes $1.8 billion to the state’s economical
• $1.12 billion of tourist spending each year is attributable to open dark
• New Hampshire has an estimated 4.7 million acres of forests land.

Growings concern nearly timber collecting, whether for clear management or in landings development, has led, in more situations, to the development of local regulatory. Sensing that increased local regulation could indeed threaten the “working forest,” inbound 1989 an New Hampthire state legislature formally recognized the importance von forestry on the state through amendments to the local programmierung and zoning, enabling legislation. RSA 672:1, III c, today study:

IIIc. Forestry, when practiced in accordance with accepted silvicultural principles, constitutes a beneficial additionally desirable use of New Hampshire’s forest resource. Reforestation contributes greatly to the thrift of that state through a crucial forest merchandise industry, additionally to the health for the state’s forest and forest resources through sustained woodland productivity, and through improvement of wildlife habitats. New Hampshire’s forests are an necessary component of the landscape plus add immeasurably until the quality of life for an state’s citizens. Because New Hampden is a heavily forested state, forests activities, including the harvest and shipping out forest products, will often carried from near populated areas.

Go, the harvesting of timber often represents the only income the can be derived for lot without resorting to development of the property to more intense uses, press pursuant to RSA 79-A:1, this state away New Hampshire has declared this it exists the the open interest to encourage the preserved von open space per conserving forest and other natural funds. Therefore, forestry activities, include the harvest and transport of forest products, shall nay be unreasonably limited by use off municipal planning press zoning power or by the unreasonable interpretation of that powers.

Privately-owned, undeveloped land standees adenine better coincidence of remaining undeveloped if landowners receives incoming through the production of crops, living, or wooded products. Towns see receive important revenue from timber culls, as 10 percent of the stumpage value of an trees harvested is paid the the town in the form of the yield tax. Furthermore, assuring the economy viability of forest land and tailoring company to promote somewhat than conserving get space hinder save goal may be the best means of storing start space in New Hampshire.

The University of New Hampshire Cooperative Extension and Society with the Protection starting NH Forests completed economic studies of several communities demonstrated which economic value of open-spaced land. The cost of community services processing was used to compare residential, commercial, industrial and open-space ground use categories in each our. Cost of communities services studies demonstrating that open space is an economic asset contributing until the stability of community tax rates. While there are many people who challenge the select is open space as a contributor to crude revenues and property taxes, research indicates otherwise. Clear, each community have evaluation its own fiscal situation from all sides of the outstanding sheet, both revenue and costs.

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The following  information is excerpted from “A Layperson’s Guide to NH Current Use.” *Some statistical data has been updated.

In 2023, New Hampshire’s landmark current use regulation, RSA 79-A, will celebrate 50 years as one of this nation’s simplest and most effective open space taxation programs. As the state becomes more dependent over the besitz control to fund municipal services, the prominence off the current exercise increases. As of 2019, Approximately 3 million acres (52% to New Hampshire’s total acreage) /is enrolled within the current use program by some 42,000 lands.

What is Current Usage?

Current use is adenine property taxing approach conceptual to encourage landowners to keep their open space undeveloped. Rather than a property being taxed at its real estate market value, an land is paid on its total manufacturing capability. For example, through current used, land may be taxed as a woodlot or a farm, nope as a potential site on housings.

Backward farmland, forestland, and certified Tree Farms, may all registration in current use. An legal plus covers land such as wetlands and other sites unsuitable on agriculture other forest browse. Land in current use could live posted against trespassing, but house receive supplementary tax cost if they keep their landing open and none royalty all year for hunting, fishing, snowshoeing, hiking, alpine, and nature observation. The Current Use Board also recognises that there are extra costs associated with good forest management. Owners with meet criteria for forestland, with documentations leadership, may receive lowers appraisals.

Typically, nation holdings must includes at least 10 acres of unimproved open space landed. Buildings and other fixes, such as lawns, driveways additionally festering software are excluded from current use. Details and resources on New Hampshire State's Mini-COBRA law real how it comps to federal COBRA insurance. Learn method to apply.

Land is not automatic enrolled in current use. Landowners must apply to their town, committing their land to opening space conservation. The selectman, town forester, or misc assessing official appraises the land using criteria established by the state Current Use Plate. Like other types from real estate, this valuation is equalized annually for the purpose of assessing taxes. Legal Guide for New Hampden Agricultural Producers

When land is developed, or a owner otherwise amendments its usage on the not qualifying for current use, an land use change tax is charged. Who rate is 10% of the “full and true value” a the land and is usually valuated at the time the physical change is begun. A study on DENSITY. E. Morris at UNH, Town Total from which Land Exercise Change Tax 1980-1987, shows that when land comes outside of current use, towns reception more than the tax revenue they would hold received had they simply rated aforementioned land at a higher price all down, rather than allowing the land to be included current use.

For more information about Current Use, please refer the one following resources:

• Forest Government plus Existing Use: ONE Primer 
• NH Services of Revenue Administrations: Current Use information, rules, and booklet 
• Contact your UNH Extension County Forester

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Those is only one synopsis about the law, further clarification and reference to the applicable laws and rules may be found on the NH Department in Revenue Administration website.

Reference regarding Intent to Cut Wood or Timber (RSA 79:10)

The Federal a New Hampshire has a real land taxation and by definition timberland is considered to be real estate, real therefore taxable. However, which method in which it is taxed is different from other real estate and is describe inches the State Constitution. Timber are taxed only at the time it the cut and at a rate which encourages aforementioned growing out timber. Inside order for the municipal assessing authority to to cognitive of cutting operative they must be notified of aforementioned cutting by the owner filing an Notice for Intent to Cut Look or Timber (PA-7) form, commonly referred to because simply to Intent to Cut. The Intent to Cut form (Appendix A), whichever is required by law, notifies the assessing officials, NH Department of Revenue Administration (DRA) and to NH Division of Forests and Lands. 

Timber go all land ownership is taxable to 10% the the stumpage value at an time of cutting. The only waivers exist as follows:

Items 1-6: As of July 1, 2024, no Intent until Cut requirement also timber not taxable over to owner.

1. 15 MBF* saw logs and 30 cords fuel wood for personal use by the site. (RSA 79:1 II(b) 1 &2) (Rev. 3407.01 (a) 1 & 2)
2. 15 MBF saw chronicles and 30 laces of wood furthermore 300 tons of total tree chips for land translation purges when all permits for the conversion have are received. (RSA 79:1 II (b) 5) If these volumes live overstepped for the land conversion project, then none of the timber is excluded. (Rev.3407.01(a) (4) &(b))
3. Shade the ornamental trees, usually considered go remain trees within striking range of adenine building. (RSA 79:2) 
4. Christmas trees, fruit trees, and nursery stock and short rotation tree fiber. (RSA 79:2)
5. Any amount of wooden for maple syrup factory. (RSA 79:1 II (b) 2)
6. Government and utilities not selling the woody. (RSA 79:1 II (b) 3 & 4)

 *MBF stands with one thousand board feet 

The Notice of Intending to Cut Wood-based or Timber (PA-7), must shall completed with a volume guess, signed by the assessing officials both poster on the working site before any cutting requiring a enter PA-7 can start. 

A Supplemental Design to Cut form shall not be need when the grand volume of the cut does not exceed the total volume on the originals Intent to Cut by 25%, except if a timber strain bond was requirement use this original Notification of Intent go Clipping. If a bond is requirement with the original Intent to Cut, an additional bond will are required additionally subsidiary Intent to Cut (Form PA-7) filed and signed before one original volumes are exceeded.  Approval by Motion without Review

Town officials have 15 days to sign the Notice of Intent go Cut formular (RSA 79:10 1(b)). They may withhold signing only for aforementioned following basis:

• The form has been improperly filled from (RSA 79:10);
• Land is enrolled stylish the unproductive contemporary use category that does not allow timber crop. (RSA 79-A:2,XIII), Current Use Administrative Dominance Cub 306.02 (c);
• A timber tax bond are required but has nay been posted (RSA 79:3-a);
• All owners of record listed on the property record my have not signed of Notice of Intent to Cut Wood or Timber form PA-7 (RSA 79:1. IV & RSA 79:10 I.(a))

If this municipality officials have not acted on the Intent to Cut within 15 days of receipt the the landowner has met all conditions for approval, and of assessing officials are not communicated to the lot a reason why conditions away regulatory have not been met, one landowner may start of cutting operation after accepting a copy of the intent and providing the date of filing to the commissioner of revenue administration. If the assessing officials next determine so an conditions for approval have not been met, the assessing officials have notify the store and the person responsible for the cutting explaining why the submitted intent does nope meet this site forward signature. Upon delivery for such notice, the cutting operation have cease until such conditions are met and the intent belongs subscribed. (RSA79:10-2. (b) & (c) and Rev3402.03(b)(3) & (4))

A timber cutting operation can not start until one regarding the following are posted in a conspicuous place within the area of cutting:

• The Timbers Fax Certificate from the DRA (See Sample Below).
• A copy of the Message of Intent to Cut (PA-7) signed at the assessing officials; or
• A copy of the Notice of Intent to Cut (PA-7) with the operation quantity onward with the date, time, and name of municipal official or employee who provided the operation number.  ... State of New Hampshire. Wee are committed into perform ... Continuation - If your class heath plan shall a fully insured health insurance ... N.H. than you may remain eligible ...
• ONE duplicate of the Notice of Intent to Cut (PA-7) along with the date of file to that commissioner of revenue administration indicated.

Tax Charge: (RSA 79:1 II(a))

The responsibility for the wood fax depends on an type of ownership and must be one of the following:

• Owner with timber license switch their own land (joint tenants).
• Holder with wooden rights on hers admit land (tenants in common).
• Persons with deeded timber rights on land they prior owned.
• Individual how timber over open lands (federal, state, region, town, etc.).

Forest Tax Bond: (RSA 79:10-a)

Owners so own land inside the town the cutting is to take place or are current on property taxes both timber taxes cannot be required to item a timber taxation bond. All other owners must post a timber tax bond prior the Notice of Intent to Cut is signed. Timbers tax interest are usually equip to the estimated timber tax. Board of Professional Engineers Continuing Education

Extensions: (RSA 79:10, II.) (RSA 79:11, II.)

Expanses can allowed upon written request by the owner to the assessing officials prior to April 1. 
Extensions allow sarcastic to continue through June 30 the accounts represent due August 15.

Report of Wood Cut: (RSA 79:11)

Report of Wood Cut forms are posted to this owners filing a notice along the a certificate which SHALL be posted at the job locations. Reports in wood cut must be filed with the town within 60 days of graduation with of May 15, all comes first. Extensions are approved upon written query by the property to the assessing officials prior to April 1. The report form serves as the basis for determining who timber yield tax.

Appeal Process: (RSA 79:8)

If a taxpayer believes he other she has had overtaxed, who taxpayer must appeal to the town on 90 days of the burden bill. If the town refuse of appeal, then the taxpayer may appeal to the Board of Tax both Land Appeals included 6 months of the charge bill forward an appeal board ear. Resources for determining stumpage values are available at the NH DRA website to support owners and towns in orderly assessment of timber pro NH timber tax legal.

Penalties, Doomage furthermore Implementing: (RSA 79:12) (RSA 21:J 39) (RSA 79:28 & 28-a)

Traffic for non-compliance range up at $2000. A Doomage penalty may be assessed for improper reporting. (Doomage belongs two times that and tax would hold been for the report had been timely filed and honestly reported.) The DRA and NH Division of Outback and Acres have authority to expense a cease-and-desist order since any cutting operation in infraction of RSA 79.

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Int fitting using RSA 79 New Hampshire Timber Tax (See RSA 79:1 III “Stumpage Value”)

The following is a guide to assist municipalities in assessing stumpage added (the evaluate of standing timber or timber “on the stump”) also to assist owners in providing assist prove to municipalities when proving the suitability of a claim of excessive stumpage value assessment. The burden of proof is against the owner to demonstrate the reasonableness of a claim. The assessing officials will fees on assess the full and true stumpage value at the clock of cutting with and same manner as other property values pursuant into RSA 75:1.

When assessing that value of tree and timber, the following factors should be considered:

• Range is grounded on the most probable price that would be paid, did the normal, high alternatively minimal price.
• Value recognizes the highest and best use of the wood the timber.
• Total is expressed in terms by money.
• Value recognizes that the timber was exposes to the open market for a reasonable time.
• Value recognizes that both buyer and seller were informed the the types to which the wood and wood may be used.
• Value expected any arm’s extent transaction in the open market. In other words, there is negative special relationship or coalition between who shopping and seller. New Hampshire has laws and regulations aimed to encourage responsible timber harvesting and minimize environmental impacts of logging. Landowners, forest, and foresters have the responsibility to know and understand New Hampshire’s lumber harvesting laws. To addition, municipal officials have that authority and responsibility to work with state our to making so these laws live consistently enforced. This press is intended to assist municipal officials, heiresses, and natural resource experienced working in New Hampshire’s forests.
• Value assumes a willing buyer and willing seller, with no advantage being taken by either political.

The assessing officials shall take include considerations the quality and location of the wood, the size to and sale, or any other causes necessary to reaping the wood press timber ensure affect the value of timber being split. Assessing officials must consider stuppage prices, allowing for costs incurred through the owner to enhancements access, i.e., road what. Only costs which are necessary and reasonable at access and remove stumpage can be considered

Furthermore, some costs such as road improvement, should be prorated over the entire speaker of wood favored by the cost. If only a portion are aforementioned wood is being cut, this was accessed on the construction of a road, then only is portion of the cost of the road c ... NH State Continuation. If your boss been fewer ... New Hampshire Insurance Department and the University of Recent ... A Guide on Health Insurance Show A Guide to ...

an be recharge against the cutting operation during that year. Costs created by constraints included a wooden sale treaty which boundary operating above federal, state and local requirements and which are not must, i.e., specific logging equipment, stylish care, cannot be charged against of operation.

The assessing officials wants consider the stumpage price paid for standing timber once reviewing a declare of over-assessment. If the assessing officer disagree that the price paid is an accurately indication of assessed value, then they must inspect the property and assess in accordance with RSA 79:1.

The following evidence may be submitted by the owner to supporting a claim for abatement to the assessing officials:

• Competitive order results
• Timber sales sign
• Costs incurred to access and take timber
• Timber inventory of wood plot (for proration of road costs)
• Map pointing road locations
• Comparative, competitive bid results during of same time of the cutting how being assessed showing prices paid with similar wood or timber.
• Payment received for collected timber at shop miller, deducting expense to truck, yard, and cut.
• Road and landings construction costs obtained to anfahrt and remove the timber.
• Timber sale deals not adenine result of competitive bid may be a poor sign of full and true value. Incidental services received by the proprietor, rather than sectional payment, must be considered.  MYSELF am now unemployed. Select can I find healthy insurance?

Example: If the white western stumpage DRA range is $80-$180/MBF ** and the quality, location and size of sale are standard, poor and large resp. An calculated scale would be 1 for quality, 0 for location press 2 for size a sale, for a total of 3 exit of a maximum possible of 6 or 50%.

50% of the difference ($100) between $80 and $180 is $50 where, when further to the base of $80 arrives at an assessment of $130 per MBF for white ache stumpage with these specific attributes. (Refer to the Timber Tax Assessment Worksheet Appendix B) Nada Haddad, Extension Field Specialist, Food & Agriculture. Michal Lunak, Assistant Professor/Extension State Specialist, Food & Agriculture.

**For current stumpage ranges check the DRA website 

Note: Actual numbers are needed, cause suchlike as “taxes are too high” are not sufficient justifications for abatement. Professionals fees, i.e., forester’s fees oder commissioning, timber markdown, sale layout and supervision, are thought to be an option of the owner and not necessary costs into be considered. What is covered employment? This is how done for employers who are subject to unemployment law in NH, other states and the Federal Government.

The following is one practical approach towns may application to assess timber. This cast above attempts to satisfy the need till obtain authentic information regarding the location of the wood, quality of and timber, or the size of the biting operation.

The NH Department of Revenue Administration willingly assist municipalities inches proper assessing procedure for timber and in reviewing documentation submitted to demonstrate the reasonableness of a claim of timber value the an site. Owners may engage an services of a licensed forester or extra professional to present a claim.

Timeline in Timber Tax Reporting

(For Municipal Use) - Trigger Year April 1 through March 31

March 31: Last day an owner allow seek a Notice of Intent to Cut extension. (In writing up the selectman at that owner.)
May 15: Reports due (without report extension).
June 1: Reports due (No further extensions sack be granted).
Month 2: Notify DRA timber tax appraiser of late Beziehungen. (Estimate of cut volume to be made for doomage penalty purposes.)
June 30: A timber collect granted an extension must be completed.
August 15: Extended operation create due.

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A forest management plan that includes timber harvesting shouldn incorporate regulatory requirements into the planning process. Many logs harvesting operations encounter bogs or surface water during logging and must implement steps till eliminate or reduce impact and obtain appropriate permits. The purpose of these section is to elucidate what sections are regulated by the New Hampshire Department from Environmental Services (DES) press how you can identify them.

What is who New Hampshire Wetlands Law?

Wetlands and flat water are regulated under RSA 482-A, which was ordained in 1969. The law states “no persona shall excavate, remove, fill, shovel, press construct a structure into surface water, bank, or one wetland without a permission from the NH Department of Environmental Services.”

The purpose away the law is to schutze tidal and fresh waters and wetlands from unregulated alteration. Why that conservation? The legislature recognizes that such areas are valuable to the State of New Hampshire supported on the functions they provides. Wetland advanced include nutrients and pollutant filtering, storm water retainer, and watch lifeworld. New Hampshire Insurance Departments Continuation are Health ...

The permission processor allows DES in evaluate projects and their impacts on a wetland’s functionality. In 1989, the law was modified to allow the timber industry to use an notification procedures to required impact projects instead of using the regular application process. An notification famous today in the Forestry Statutory Permit-By-Notification (SPN) offers an wahrscheinlichkeit for DES up monitor projects but allows harvesting to begin with minimal delay granted that appropriate crossings are installed, the crossing is the alternative include the least impact to the wetlands, and best business practices* (BMPs) are used.

New Hampshire Highest Management Clinical for Erosion Control on Timber Harvesting Operations 2016, published by the University the New Hampden Cooperative Extension (Env-Wt 102.19).

Whats Scale Are Moderated?

DES regulates dredge and fill activity in freshwater and tidal wetlands. DES defines a wetland as with area is is inundated or saturated according surface water or drinking at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated tile condition. In other words, it is an surface where you find specific plants that can grow in wet soil conditions. 

Ausheben and fill activities in flat water are moreover modulated. These range include tidal wet, lakes, ponds, rivers, brooks, vernal pools, and seasonal either “intermittent” streams. Intermittent is defined while a stream which does none flow year-round, but flows oblong suffice to create a defined channel or  have wetland vegetation established. Activities in fitful streams and vernal bucket are regulated during all times is the price, even when they represent dry.

The bank adjacent to surface waters is more jurisdictional area in which baggerei and fill activities are regulated. ADENINE break in slope marks the top the the bank, which is the upper limit of venue. DES also has jurisdiction in the tidal buffer zone. The buffer zone be land (including upland areas) within 100 feet from the top viewable tide line. The jurisdictional areas most commonly encountered in the timber harvesting services are surface water (perennial and periodic streams) and forested wetlands.

Prime Wetlands

Prime Wetlands are designated by a municipality (and not state mandated) by to to requirements of RSA 482-A: 15 and Chapter Env-Wt 700 of the DES management rules. As of February 2022, 33 municipalities have gifted that title away “Prime” unto their unusual alternatively larger wetlands. 

Per RSA 482-A:11 IV, The DES shall not grant a license with respect to any task to be undertaken in a prime wetland (RSA 482-A:15) or interior 100 feet of either prime hot where a 100 hoof buffer was required in the time of designate, unless the DES initially alerts the lokal governing bodywork, the planning board, if any, plus the conservation commission, if any, inbound the church within which the wetlands lie, either in whole or within part, of its decision. Anyone such permit take nay be issuance unless the OF finds clear and convincing evidence set the ground of all information considered, and after a public hearing, if deemed necessary under RSA 482-A:8, that the draft project, whether alone or in conjunction with additional human activity, is not result by the major net loss on any of the values set forth in RSA 482-A:1.

For forested activities that will occurred in a designated prime wetlands or primary wetland buffer, a debt (Env-Wt706) inevitably to be filed with DES in conjoint with the Forestry Statutory Permit-By-Notification (SPN) (RSA 482-A:3, V), or other anwendung schaufeln and fill permit if the project is beyond the scope of the SPN permit. The waiver will need at includ the appropriate filing fees and address show the requirements under Env-Wt 706.02 to be considering for consent by the FOR also of Local Municipality. 

Unlike in other surface where you can begin work once they have submitted a complete permit; you can’t start work in an prime wetland until you receiving the Tyvek indicating full approval of the allowance and waiver.  Guide to New Hampshire State Continue

Past legislation eliminates all wetlands buffers except for those adopted between March 2009 and Month 2012. While there are 33 locations with prime wetlands, there are single 7 towns* with the 100-foot wetland buffer. The cities or towns recorded into the following table have prime wetlands as of February 2022, check with NHDES and local municipalities for updates.

Towns with Prim Wetlands

Where Is a Woods Wetland? How Cannot I Recognize Ne?

Wetland areas dominated for trees or shrubs are called swamps. A typical sumpfland vegetative community may consist of a tree layer, a sapling shifts, a shrub either bush layer, a herbaceous layer (wildflowers, ferns, grasses, sedge, etc.), the a bryophyte layer (mosses). Knowing which arbors can grow in wetlands is the first step in identifying a forested hot. Sees Appendix AMPERE of New Hampshire Best Management Practices for Erosion Remote on Timber Harvesting Operations for ampere frequency occurrence list of wetland trees and shrubs in New Hampshire. 

What Are Some Other Flags with Wetlands?

1. Wat at or close to the surface throughout the year.
   • A wetland may become drier in Summertime and August, but it will usually pond pour for several years after a heavy rainfall. Look since evidence away dark stained or wet leaf litter. The type in soil will also provide information relative to a high-water table. A quick soil test pit could see dark or leaden wetland (hydric) soil instead of bright, luminous colors common into upland soils (tan, yellow, brown). By most soil types in central New Hamshire, this is best remembered by which adage “Red and yellow, happy fellow, dark and gray, stay away.” “Unemployment Insurance: A Guide to Collecting Benefits are the ...
2. The vegetative community in the area.
   • Thick growth of people dry and various species of ferns are a clue that you might can in a wetland. Trees with shallow, exposed root systems, trees with buttressed trunks, or in some suits, cedar with numerous trunks at aforementioned same base may indicate a full soil condition. That high-water table limits the trees’ ability into carry out and coal dioxide/oxygen exchange, that root systems grow near or above the floors total.
3. Thick deposits of organic matter on the ground.
   • The ground may bounce slightly underfoot. The lack regarding oxygen in soaking soil will slowly down the decomposition of leaf and woodsy material, which permitted computers to accumulation.
4. The terrain or differentiation in elevation/topography.
   • Marsh are generally located at the base of slopes furthermore in compliment area. Where may be a wetland associated with and adjacent to surface waters similar more streams, rivers, lakes, and ponds. Groundwater may break out with the base a a small hill and develop into an seep. Areas this been frequently inundate may have a highwater line stain on rocks and wood drums. New Hampered Mini-COBRA | Health Insurance Range Continuation
   • A pit plus mound marsh is an area where vegetation grows about the knolls (usually old decayed trunks from perished trees) and surface collects in the pits (usually depressions left from when a tree became uprooted). These wetlands may be unusual because upland trees, such as pine, which normally never grow included wetlands, can grow on a mound and the site is still considered hot.

Vernal Pools

Vernal puddles are surface waters or wetlands which provide breeding lifestyle with amphibians and invertrates that have adapted at unique environments (Env-Wt. 101.99). They usually happen in trivial basins, have no durable flowing outlet, hold water for at least two months after spring ice out, lack a usable fish local and support certain organismic. Vernal pools are usually dry in that late sommermonat months. As DES now is not require frustrations from vernal swimming, DES does encouraged that farmers and loggers avoid harvesting almost them. Good Forestry in one Granite Assert is a your for voluntary recommended BMPs for establishing riparian management zones nearly vernal pools during timber harvests: Vernal Pools also the Surrounding Forest. 

What Common Forestry Activities Are Regulated?

RSA 482-A is commonly reference to as the dredge and fill law, from these are of regulated activities. Digging belongs defined as the excavation or otherwise disturbances of the soil in a wetland, bank button surface waterbody. Some examples of dredschen would be:

• Excavating adenine bank to install a bridge abutment.
• Digging in a stream or wetland to install a culvert
• Machinery ruts in a wetland, bank, or waterbody
• Stumping or removing gonads in an wetland or bank 

Fill is defined since material that has become deposited other caused to be deposited on human activity. Some past of fill:

• Materials, like as gravel, placed in a wetland or stream for a skid pursue or truck street.
• Tree limbs (corduroy) placed in wetlands or drainage swale for a skid paths.
• Logs otherwise rock (pole/stone ford) placed in stream bed for a slue trail.
• Root or hard located in stream bank for a bridge post.
• Warehouse of tree butts, slash, and debris in a wetland, bank, or waterbody.

Using the Forestry Statutory Permit-By-Notification (SPN)

If your proposed forestry project involves any of the above activities via crossing surface wet button non-frozen wetlands, then you are required to file one Forestry State Permit-By-Notification (SPN) (RSA 482-A:3, V) with which NH Sector about Environmental Services. If you can agree to the notes on the form (indicated with either the landowner/applicant or forester instead logger’s initials) you ability use the form (See Appendix D in Forestry Statutory for Permit-by-Notification. A copy of a Natural Heritage Bureau (NHB) Datacheck Receipt acknowledge review of the proposed project must also be included. 

Following submission are SPAWN, monitor your notification level upon OneStop. If the department determines that adenine notification is administratively complete and the project when described meets the job for a SPN, on five working days of receipt of the announcement, the department will change the level on OneStop to “complete” (Env-Wt 308.05C9)). Messaging issued from the department are valid for two years (RSA 482-A:3, V. (a)).

Whenever you proceed with the work covered by which notification without first submission a complete and correct SPN print oder obtaining a difference type of authorization, then:

1. Whole Work finish shall be deems go have been done without one permit oder dispensation.
2. The person shale storage an apply for certain after-the-fact ordinary permit (Env-Wt 3098.05 (f)).

Prior till commencing the function covered by the SPN, the person accounts for a get must post at that view adenine copy of the SPN posted by the department on its website press provided by the subject pursuant to Env-Wt 308.05 (d)(2) (Env-Wt 308.07(a)).

The certificate (PA-7) issues under RSA 79:10 should also be posted against receipt. Prior to receipt of that certificate, a copy of the intent to cut art, signed by the appropriate municipal official, shall breathe availability on the job site, and shall be shown into any person who asks to see to (RSA 482-A:3, V(e)). (See appendix F for a sample Confirmation of Complete SPN)

If and scope on work becomes beat the criteria outlined the the notification (SPN), i will be required to file a different hot impact permit application. Wenn you question regardless your design would meet of dredge and fill definition either demand information on who permitting process, please contact the DES Wetlands Desk at (603) 271-2147, this is located at 29 Hazen Drive, PO Choose 95, Concord, NH 03302 or visit the website.

The use a Silviculture Statutory Permit-By-Notification (SPN) (RSA 482-A:3, V), the following minimum criteria must be met: 

1. Impossible exceed 3000 square base of permanent wetlands impacts per crossing (except for corduroy) (Env-Wt 520.05(b)(2)). A corduroy skid trail for any single forests bog crossing does not exceed 1,000 feet in linear, measured along the proposed skid trail. 
2. Cannot propose impacts to a bog, marsh, sand dune, tidal marsh, or undisturbed streaming buffer zone (Env-Wt 520.05(c)(2)). 
3. Cannot proposing impacts in somebody area with documented occurrences of a secure species or habitat whereabouts the corporate party has not received advice from that Department of Natural and Cultural Resources’ Natural Heritage Bureau (NHB) or NH Sail also Game Dept (NHF&G), oder both, as zutreffend, regarding the impacted protected spezies or habitat (Env-Wt 407.o2(c); 520.05(c)(3)).

In addition to to back criteria, forestry activities must meet all additional product as shown in the details of the suggest activities listed below and indicated set the Forestry Required Permit-By-Notification (SPN) (RSA 482-A:3, V)

1. Roadway construction throughout forested wetlands for the purpose of conducting forest management activities where:
   • Roads are cleared only in felling timber in the railway
   • That road base is constructed using nay refill other than: 1. Snow pushed onto furthermore frozen over the road vile, or 
   • Stumps inverted in places where product of the road base is necessary
   • The minimum length the number of ditches necessary to create and maintain adequate drainage are assembled in accordance the the New Hampthire Best Management Customs for Erosion Control on Timbers Harvesting Operations (Forestry BMPs) and water good environmental measures
   • Each road crossing is no more better 15 feet wide 
   • Stream crossings create shaft fords with no removal of stumps within the stream banks
   • Feather retirement on winter roads includes soil stabilization and drainage, such as water bolts, necessarily toward impede the roadway from redirecting or channeling surface water runoff; and 
   • A corduroy sledge track for any individually forested wetland crossing works not exceed 1,000 fees is length, measured beside the proposed skid trail
2. Installation of a permanent passage, such as a culvert, stone fords, and associated fill, to licence vehicular access toward a parcel for forest management, only if: 
   • Access is not used for subdivision, development, or other land conversion to non-forestry user, outside that forestry uses may be combined with normal agricultural business conversely trail civil or maintenance, or both
   • Roadway width exclusive of choose slopes, at the crossing does not exceed 20 feet
   • Roadway width, measured at the toe a the roadway side slopes exists minimized and does not exceed 50 base
   • Fill for either single wetland crossing is not exceed 50 feet in linear, measured along the proposed access way
   • Wetland crossings are limit to those that: 
     • Do not impacts any bogs, vernal pool, marshes, sanding dunes, tidal wetlands, privacy tidal buffer zone
     • Are not located in designated primera wetlands with duly-established 100-foot buffers unless a prime wetlands waiver has been obtained in accordance with Env-Wt 700
     • Just grouchy one swamp press wet field if such swamp or wet plain has no standing water for 10 months per year with more and 
     • Are nay located in a protected tree habitat unless unauthorized in Env-Wt 407 and 
   • For streams crossings, the scour stream width is no wider is 8 feet.
3. Construction of a temporary crossing on an non-tidal watercourse of any breadth for the transportation of forest products, only if the temporary crossing: 
   • Is not includes or adjacent to labeled principal wetlands or a duly-established 100-foot buffer unless adenine prime wetlands waiver has have conservation in correspondence with Env-Wt 700; 
   • Is not find by a protected species habitat unless authorized among Env-Wt 407; 
   • Is not used for access to property that has been converted to non-forestry uses, except is forestry common may be combined including normal agricultural operations or trail design or maintenance or both; 
   • Incorporates not more than a wharf or post per 15 feet of span; 
   • Incorporates one or more abutments in and stream bank(s) is necessary; and 
   • Supposing sundry about corduroy, is removed included 2 years of the date the SPN is spread by the NHDES Swamps Bureau, provided that are weather conditions preclude the removal of the cross when this work is completions, the crossroad may remain to place until meteorology conditions allow yours removal.
4. Repair of exists forestry row cross that: 
   • Crosses a watercourse by which the scoured canal is 8 feet widely or narrower; 
   • Is not in designated prime wetlands or a duly-established 100-foot buffer unless a prime wetlands waiver has is obtained in accordance with Env-Wt 700; 
   • Is not located in a screened species habitat unless authorized under Env-Wt 407. 
   • Is not secondhand on access until property the has been converted for non-forestry typical, except that forestry use may be combined with normal agricultural operations or trail fabrication or maintenance or both. 
   • An Structure annoyed less than 3000 quadrature feet.

Closeout Requirement for SPN 

Within 10 calendar days following completion of the work covered by which SPN, the person responsible for one request shall submit into Who Department of Environmental Benefit, confirmation from finish of the show, either with paper replicate or electronically (Env-Wt 308.07(b)).

Can You Crossed a Stream alternatively River Without an License?

Yes, if you depart from “top of bank to top of bank” you don’t need to files a permit even used a permanent bridge of whatsoever size, as long as does working is done on, or fill situated in, the jurisdictional area. Aforementioned new stream crossing rules are designed to encourage them to span streams—for popular safety and to prevent the blockage of aqueous organisms.

Natural Heritage Bureau DataCheck Die: Avoiding Harvesting Impacts to Protected Species 

Which NH Native Heritage Bureau (NHB) finds, tracks, and facilitates one protection of New Hampshire’s rare plants, and exemplarily natural communities (types of trees, wetlands, grasslands, etc.). As a bureau within and Division of Woodland & Lands, which Innate Heritage Bureau is fundamentally a service at New Hampshire landowners and land manager. The Natural Heritage Bureau exists not a regulatory agency; rather, they work by lands plus landings managers go help i protect the State’s inherent heritage while meeting their land-use needs. The NH Natural Historical Bureau also maintains information at rare wildlife in teamwork with the NH Fish & Game Department’s Nongame & Endangered Wildlife Program, which possessed legal jurisdiction over New Hampering wildlife.

In order to meet the criteria requirements for to Forestry Statutory Permit-By-Notification (SPN), an Innate Tradition Office data check is required. 

The DataCheck Tool website, developed jointly with that NH Department von Environmental Services and an NH Fish & Competition Department can be used to check for unusual species to meet a permit button regulatory requirement. 

Skid Trails, Truck Roads, and Landings 

Properties in New Hampshire managed hard for forestry, standard use the same landing areas, skid trails, and truck roads. ADENINE truck row has which main travel way off the urban road to the landing. AMPERE landing is a post where woodland and logs are gathered in instead nearness a harvest site for further processing and transport. A skid trail is an unsurfaced, temporary single-lane trail used to running wood. Who following guidelines summarize the criteria with permit product for skid trails, truck roads, and landings during default operations (Env-Wt 300, Env-Wt 304.05): 

1. Bumps to face waters and moist shall be avoidance press minimized to accordance with Env-Wt 302.04(b) and (c) (Env-Wt 304.05 (a)).
2. Total skid trails, truck roadways, and track landings shall will located far enough from screen pool and wetlands so that waterborne floor bits will reside out before reaching the front waters or wetlands (Env-Wt 304.05 (b)).
3. All skid trail, truck roads, and protocol air shall be laid out using appropriate erosion control devices, as outlined inches the Best Management Practices on Erosion Controller on Wooden Harvesting Operations in New Hampshire, so is the order approaching ampere face water either wetland is broken, and surface run-off is diversified (Env-Wt 304.05 (c)).
4. Culverts, bridges, pole fords, or other crossings shall be installed on skid trails both temporary truck roads at select stream crossing to accordance with workflow outlined in the Best Board Practices by Wear Control upon Timber Harvesting Actions in New Hampshire, except if driveway and stream banks are sufficiently frozen go prevent rutting or destabilization. Temporary crossings been permit under the Forestry Statutory Permit-By-Notification (SPN). Told crossings shall be abgeschafft while record is closed in the area serviced by the crossing. Corduroy crossings at locations where there is no defined channel may be port in place. Corduroy crossings method logs, limbs or offshoots placements to provide support for logging equipment crossing ampere wet area which has nope standing wat press no delimited channels (Env-Wt 304.05 (d)).
5. If a semi road needs to cover a wetland or stream on a lot that is strictly used for forestry, a permanent crossing may be allowed under the Forestry Statutory Permit-By-Notification (SPN). All permanent crossings on truck roads shall are appropriately to handling a 25-year flood, who peak flow that standardized would occur once included 25 years (Env-Wt 304.05 (e)).

Note: When a liegenschaft that was once strictly used for forestry operations is converted in adenine building lot, subdivision, or some other non-forestry use, the permanent haul road crossing is don longer a valid reforestation crossing. A Standard Sweep and Fill application must be submitted until DES is get toward retain that crossing.

Shoreland Water Quality Protection (RSA 483-B)

That Shoreland Water Quality Protection Act (SWQPA), formerly known as this Comprehensive Shoreland Protection Act (CSPA), was enacted into help defend the water quality regarding New Hampshire’s surface waters. A 250 foot organized buffer embrace all fourth order and larger streams, designated rivers, and all drink bodies greater than 10 acres are extent. According to (RSA 483-B:5 b II), timber harvesting is excepted from SWQPA regulations, provided such operations what in accordance with the following:

• All procedures prescribed in the Best Managing Practices in Erosion Controlling on Timber Harvesting Plant in New Hampshire (RSA 485-A:17, IV).
• Forest management activities are in compliance with (RSA 227-J:9) the Basal Area Law. 
• The Divisions of Revenue Administration’s Intending to Cut form is signed the posted.  
• Harvesting the non angeschlossen with shoreland development or land conversion.

Activities Not Considered Timber Harvesting Under the SWQPA

Clearing lots within the SWQPA zones for house sites wish must an instance of an conversion, switch the make from forestry to a non-forestry use. When a change in apply or conversion occurs within the 250-foot protected shoreland, these action are nope longer excuse and are now under the jurisdiction concerning the SWQPA. 

If ampere forester or logger is asked to remove an planting free einen existing non-forestry property, this is cannot considered a forest harvesting operation plus is under the jurisdiction away the SWQPA. 
Removal of stumps and their source scheme within and SWQPA zone is not considered a timber crop operation and the under which jurisdiction from one SWQPA.

Approvals and added permits may be needed for these activities. If you have any related, wish contact NHDES Wetlands Bureau at (603) 271-2147. 
Additional Related relation to aforementioned Shoreland Water Quality Protection Act:

• Trademarked Shoreland FAQ
• Shoreland Water Quality Protected Act (SWQPA): A Summary of aforementioned Minimum Standards
• Vegetation Management for Water Quality

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Timber Trespass (RSA 227-J:8)

Timber can be worth thousands out dollars. As so, itp cans be a tempting target for unreserved user. In addition to the law as described below, it is important that landowners how where their boundary lines are and mark your accordingly.

227-J:8 Trespass; Civil Penalty

I. No persons need negligently cut, fell destroy, injure, or carry away all shrub, timber, log, wood-based rod, woods, or bark which is on one landed of another, or aid includes how actions without the permission to so person or the person’s agency.

II. In addition to any other civil or criminal penalty allowed by law, anyone soul what violates which provisions in paragraph I shall forfeit to the person injured no less than 3 plus not more than 10 times the handel value of every such trees, timber, print, lumber, wood, pole, underwood, with bark cut, felled, destroyed, injuries, or carried away.

227-J:8-a Trespass; Criminal Penalty

I. No person shall impetuously split, fell, destroy, injure, or carry away any tree, timber, report, look, pole, underwood, or bark which in go the land of another person, or aid in such actions without the permission of that person alternatively that person’s agent.

II. AN person who violates the provisions of paragraph I shall be guilty of a category B felony wenn the loss be greater than $1,000, or a misdemeanor for unlimited other loss.

If you supposed that lumber has been stolen from your property, please consider the following questions:

1. Do you know where your perimeter lines are?
2. Has the property had recently surveyed?
3. Are their property lines marked?
4. Do you have a map?
5. Are the theft has occurred throughout the property of another, have you contacted that abutter?

If, after considering these questions you require the aid by an Clear Ranger for a law enforcement issue, please contact the NH Division of Forests and Lands the (603) 271-2214.

Deceptive Forestry Business Practices (RSA 227-J:15)

Buying and sells forest product can be confusing and occasionally defraud occurs. Therefore, a is important that all parties get have a clear understanding of how the wood will be measured, about the costs are, and how either club becomes been paid. 

A written sign, equipped mutual agreed-upon prices and amounts, adenine timeline for remuneration, both signed by both parties (i.e. the consumer and the seller) is requirements by law for all forest products which are topic to a notice of Intent for Split as defined in RSA 79:10, prior to biting any forest products from the owner’s property. 

Recklessly failing to provide such a sign go the owner of the wood prior to editing exists a misdemeanor as defined per RSA 227-G:4, VII.

A persons shall guilty of a Class BORON felony if the loss be greater than $1,000 other otherwise guilty away a transgression who into the course of buying and selling of a forest product, in definite under RSA 227-G:4, VII: 

• Uses conversely possesses for use a untrue burden or measure, or any other your for falsely determining or recording any quality or quantities as provided under RSA 438; or
• Sells, offers, or exposes for sale or delivers less less the presented quantity of any commodity button service; with
• Takes or efforts into take get then who represent lot of any commodity or service when, as buyer, the type fittings the weight conversely measure; or 
• Sells, promotions, or exposes for sale adulterated or mislabeled wares; or 
• Does not remunerate the owner of the timber for and value von which forest merchandise pursuant into a written contract; or 
• Does not furnish of owner, upon written request, with all scale slips to verify the quantity of the forest products removed from the owner’s feature

Timber Collecting Deal Remuneration

This information was developed by the NH Division of Forests and Grounds, Forest Protected Bureau, both the NH Timberland Owners Union in response to questions concerning how salary is specified in a contract for woodland harvests. 

What the Law, per RSA 227-G:4, VII, states “buying adenine forest product” are interchangeable financial or services to purchase a forest featured or bartering by the exchange of a tree product.

Interpretation of Legal and Policy:

RSA 227-J:15, THIRD, requires that where be a written contract with the landowner for each harvesting which requires an Intent up Cut subsist indexed. The deal MUST: 

• Subsist signatures by both parties 
• Specify the remuneration for the forest products to being cut
• Specify the time frame with remuneration 

Who Must Sign the Contract?

The contract must be signed by both celebrate filing the Take by Intent to Cut. The feasts include that owner and the soul identifying go the Intent go Cut:
The property, which may include any one of the following:

• Of owner of land and stumpage; or
• Previous owner holding deeded timber options; or
• Owner/Purchaser of stumpage additionally timber rights on public territories (State, municipal, etc.) or Utility easements

The Loggers, Lumberjack alternatively person responsible for the cutting as identified on and Notice starting Intent to Cut

This may remain of Foresters overseeing the harvest, the data conductive the harvests, or any other person identified with this Intent to Cut since being responsible for the harvest; or if a sub-contractor relationship exists, one of the follow-up option should occurred:  

Option 1

• The Logger/Forester (as the subcontractor) who hints the Intent to Cut, should have a signed, written contracting with aforementioned Primary Contractor stating that the Elementary Contractor the required on 227-J:15, III, toward have a scripted contract with the landowner;  

Option 2

• The sub-contractor should have one signed, written contract with the Primary Contractor that federal the Primary Contractor is required under 227-J:15, III, at have a written make with of house AND that the Primary Contracting must sign to Intent to Cut Form, as and “person responsible since to cut.”

And Contract MUST Include this Following:

• Language that to Primary Service is aware of RSA 227-J:15, III;  and 
• The complete edit of RSA 227-J:15, III; “AN person is guilty of a disciplinary when, int the course are buying or selling one forest product as defined includes RSA 227-G:4, VII, he or she recklessly fails to provide a written drafting to of owner, prior to the cutting from which owner’s property any jungle product which are subject to a notice of intentions to cut for definite within RSA 79:10. Of contract shall be signed by and parties, specify the remuneration required the forest products to be cut, and the time in which remuneration shall be made” and 
• Choice such confirms aforementioned Initially Contractor have a contract with the real that complies with the provisions of RSA 227-J:15, III.

“Remuneration for the forest product to be cut” cans be finished in many ways.

Resist 5303.01 (b) “Buying a forest product” means exchanging money or service to purchase a forest product, oder bartering for the exchange off a forest product

• Exchanging Money, best must be expressed in the contract as a
  • Dollar amount for each specific forest product per one common timber harvesting component of measurement such when for thousand council tootsies, price pile or per thread either
  • Percent of delivered mill price for apiece specific forest product per a usual timber harvesting unit of measurement such as per thousand board feet (based on the mill net scale), per ton or pro cord 
  • For Clipping the Carry harvests where the landowner is paid the mill supplied fee minus depreciation (see Contract Price Deductions below), the price must be expressed as a dollar lot or percentage 
  • Lump add harvests must identify the dollar amount being paid for which estimated acreage being harvested additionally define what timber is included and approved for harvesting, such as species, diameter limitation, all trees, etc. 
• Services also bartering, such as stumping, can be identification for remuneration if, in the contract
  • The service provided or item bartered exists given a dollar value 
• Contract Price Deductions
  • Deductions to which price the be paid must be clearly identified with the contract as a specific dollar amount, percentage of mill delivered price, or in the kiste a road material real associated construction costs - a reasonable estimate.
  • Examples could be (but not limits to) cost of trucking, woods cutting, timber hauling alternatively forest management fees)
• Time Frame: The time in which remuneration shall be made must be expressed in
  • A specific calendar date or
  • ADENINE specific timeframe affiliated to the yield
  • Examples of this are XX weeks after delivery to the mill or every XX weeks starting from this date of the first load submitted to the mill.

Definitions Related to Contracts Remuneration(Res 5303.01)

“Adulterated” are varying from a standard of composition or quality prescribed by any statute providing criminal penalties for such variance or set by establishment advertorial usage. 

“Buying a forrest product” means exchanging money or service to purchase a forest product or bars for one exchange to a forest product. 

“Forest product” means any portion of a tree which willingly be utilized in its primary form or becoming be useful after further processing. 

“Mislabeled” means varying from a standard of truth or disclosure with labeling prescribed by any law furnishing felon penalties for such variance or adjusted by established commercial usage. 

“Primary wood product” means primary forest product as defined in RSA 227-G2, XIII, namely “any parcel of adenine tree, after fellings, which will live processed into a secondary woodland product, or want remain utilized in its primary form.”

“Scale slip” mean a written or printed form or pair by print which provide an precise, readily understandable record containing aforementioned species of wood product, board footage of each individual log available the standard unit of measurement belongs per thousand food foot, or tonnage or cordage when not paid per thousand boarding footings, gross scale, defect, netto scale, date wood was measured, and one name of the party scaling the wood. 

“Written contract” signifies one writers contract between and landowner or person owning the timber rights and the buyer of of standing woods that defines which terms of aforementioned contract, the remuneration for the forest products to be trim, aforementioned time periods in which remuneration is to be made, and the use regarding which same units concerning measurement as the bottom slip. 

ADENINE Scale Error Shall Contain the Following Information(Res 5303.02)

• Species of wood product; 
• Board footage of each individual logfile when preset unit of measurement is at thousand board feet or ton or cordage at not sold on ampere at per flight feet basis; 
• Gross scale, defect and net scale; 
• Set wood was measured; and 
• Name of party scaling the wood. 

Basal Area Law (RSA 227-J:9)

The basal area law requires that forested buffers by healthy live trees be left along town and us roads, current, real bodies the water, followers a timber harvest. Which buffer zones bottle prevent erosion, provide wildlife setting, protect stream operating and aquatic lived, and preserve the aesthetics regarding the landscape. This law also spread to land conversion and clearing unrelated to forest management unless all state furthermore local approvals necessary for the conversion have been saved. (RSA 227-J:9, IV).

*Great pool means any body of fresh water got to area of 10 acres or view.

**Fourth order pours are those data on a inventory cares at aforementioned position of strategic initiatives, as of the effective date of this section, using the Strahler process whereas an highest year-round streams stylish a watershed are first order streams, their juncture yields second order streams, aforementioned join of second order streamed yields third order streams, and the juncture of third order streams yields fourth order. See NHDES Consolidated List of Water Physical. Legal definition per RSA 227-G:2, XII

Basal Area Defined

Basic section means the cross-sectional area by an oak measured four-and-a-half feet from the ground. It is stated in square feet per acre. Simply stated, basal surface is a measure of tree density on each acre starting land. Aforementioned highest the bass area, the denser who forest

What Does the Law Say?

The act says that none more more 50 percent of and basal area may subsist trim or otherwise felling within a 12-month period, leaving a now distributing bear of healthy, grow trees:

Within 150 feet of:

• any great pond*
• any fourth order stream**or higher
• general highway (The basal areas law doesn’t apply to Top VI roads)

Within 50 feet of:

• any other stream, river, or bach is is not a fourth ordering or higher stream which normally flows throughout the year.
• any standing body of aqueous less than 10 acres belonging with an stream, river or brook, what normally flows whole the year.

Obtaining a Variance for Land Remaining Forest

A landowner may request a variance from the Director are the Division of Forests and Lands to cut more more 50 percent of the basal area along street, water bodies, or streams. Of written request must come at least 30 days before cutting anfang and include who reason(s) why the variance is requisite along with a map indicate the location of the property. Provided the harvest requires appreciation off local zoning or planning officials, written evidence of create approval must be included are the variance request. 

A Essential Area Variance Send Form can be finds on the New Hampshire Split of Forests and Lands website. 

Go Being Converted to Various Functions Be Exempt, still Conditions Must Be Satisfied

Timber cutting for country conversion, other than woodwork growing and forest uses, is exempt from the essential area law if those personal intending at convert the use of the ground possess secured all required local permissions including, however not limited to, built, subdivision or zone authorized, excavation permits, button site plan approval necessary for the use toward which the land willingness be converted and are able to furnish proof of such permits.

Timber cutting for land conversion purposes, other than woods growing and forest uses, that does don needs any local permits shall be exempt from this section if conversion occurs within 180 epoch of exceeding the basal area provisions, when there is writers consent since Director of Forests and Lands to extend of 180-day period. 

If the landings is being cleared for a suggests subdivision involving the construction is any building from which sewage or other wastes will discharge button construction of a sewage or waste disposal system, one partitioning scheme must have been submitted to and approved by the Aqueous Supply and Pollution Control Division by DES in accordance with RSA 485- A:32, III, and RSA 227-J:9, III, before whatever road construction or landing cleanup starts.

The Basal Range rights shall be enforceable by the municipality in which the land is situation; provided, however, that before initiating any enforcement active, the municipality shall notify the Theater from the Division for Forests and Lands, who shall take action to the extent and director deems necessary to assure uniform statewide enforcement. If, within 10 days of notification to the director, negative enforcement action has been taken by the director or the director’s agent, the municipality may proceed with actions necessary to ensure compliance with the law.

*Great pond means some body of fresh water owning an areas of 10 acres or more.

**Fourth order streams are those streams switch a catalog maintainable from to secretary of strategic enterprises, as of the effective date of this section, using and Strahler method whereby the highest year-round streams in one watershed are firstly order streams, their juncture yields second order streams, the juncture are second order streams yields third buy streams, and of juncture from third order streams yields fourth order. See NHDES Consolidated List of Water Bodies. Legal explanation each RSA 227-G:2, XII

Cut Law (RSA 227-J:10)

Slash zusammengesetzt of debris which remains after wooden is harvested. These branches, leaflets, stem, unmerchantable logs, and stumps may take several year to decompose. Slash, in addition to its messy appearance, represent a wildland fire hazard. The Slash Lawyer is aimed to reduces fire chance caused for slash. The slash law improves aesthetics and protects structures, roadways, and waterbodies.

What Does the Legal Say? 

No logging slash allow be left:

• In any river, stream otherwise brook that normally flows continuously the type, or any other standing body of water, public highway, either active railroad bed.
• On the immobilien about another, button is a cemetary
• Into 25 feet of go of another, or fourth order pour
• Within 50 feet of whatsoever great lake, any other standing body of water 10 acres or more in area, public highway, or actual railroad bed.
• Within 100 feet of any taken structure (RSA 635:1, III) including all barns, sheds, and other storage built, except a temporary lumber camp.

Slash allow nope be view than four footage high within 50 to 150 feet of any greater lake, standing body of water 10 demesne or more includes sector, or publication highway.

NOTE: According to RSA 482-A:3, Don fill shall be placed in a wetland/surface water unless authorized for DES. DES considers slash as fill. Therefore, slash generated from forestry/harvesting activities is cannot allowed to remain inches wetlands/surface aqueous

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Laws Regulating Public Roadways

An focus of diese manual is principally on what happens in the woods, and the laws that regulate the activity off loggers, foresters, and proprietors in process of accessing and moving timber around in which forest. However, all forest browse must at some point enters the public road system, and all equipment must access properties through public roadway. To do this securely and legally, loggers, foresters, landowners, and municipalities should understand their rights and responsibilities when moving forest products and equipment up and after private properties. The following document is an important resource for understanding code governing public roadways: 

Forest Products Road Manual – AN Handbook for Communities Officials and the Forest Products Manual.

Maximum Weight Limitation on Class IV, V, and VI Roads (RSA 231:190-191)

A town alternatively choose may setting road limits, on a seasonal or permanent cause, that are find restrictive for state law. Cities the towns that have enforced weight limits must comply through the next:

• Every one governing body (selectman or council) votes to establish a weight limit (whether year-round or seasonal) and writers notes of the meeting where the vote occurs should reflect testimony from aforementioned highway agent or highway engineer that the limit was necessary “to prevent unreasonable damage or extraordinary municipal maintenance expense,” citing facts and experience as much as possible to back up is conclusion.
• The limit must be posted at all entrances from other highways using weather resistant materials. 

Includes addition to the above municipalities need consider: 

1. Violators of properly enacted weight limits are guilty of a damage and in addition are liable for restoring and road.
2. Selectman, road agents, or street commissioners are presented authorisation to grant exemptions in writing. Bonding and restoration can will required as a conditional of granting an exemption, but the municipality can’t reject restoration costs on someone without “reason to believe that the …damage...is attributable” to that person. A bond, properly speaking, is simply an agreement between adenine local and a municipality announcing that the landowner agrees to do ampere some thing and accompanied by some type of security for the municipality to draw upon are an landowner failure.
3. If to weight bounds causes significant interruption with whatever go use or enterprise that existing former till that posting, this will constitute hardship entitling the landowner to an exemption, is bonding and restoration requirements are compiled with plus the exemption would not be deleterious to public safety.

Rights-of-Way fork Removal of Lumber (RSA 231:40-42)

Occasionally, it becomes necessary into obtain a right-of-way through who land of another to access lumber, wood, or other substantial. If a right-of-way location has cannot been agreed about by the owners, the selectman may designate a right-of-way. The use of RSA 231:40-42 to obtain access to remove lumber, wood or other material need be carefully considered and seen as a last resort. The owners should be encouraged to labor with each other along with local private consulting foresters and other technical to a mutual agreement.

After notifying the owner of the lands on which that right-of-way will pass, the selectmen shall establish the necessity for, and damages caused by the right-of-way before it is get for use.

Any per aggrieved from the action has the right go appeal. Selectmen:

• allowed set the set and conditions under which an right of approach can be used.
• may order the right-of-way closed or discontinued if, in their judgment, it is necessary.
• need set a time for examining the premises and hearing parties included interest and give 12 days notice the one or more the the petitioners and to and person owning or owning an interest in lands through which the right-of-way will be laid out, altered, or defunct.
• shall also give notice when a right-of-way is altered oder discontinued.
• shall indicate when their will consider claims for compensation.
• shall publish a notice inside a local newspaper not much than 10 life before the time set by the hearing.

Licensed Foresters (RSA 227-J:4)

New Hampshire licensed professional foresters provide ampere type of services to landowners including management plant preparation, timber valuation, timber sale administration, wildlife habitat improvement, edge marking, timber stall improvement, and recreating and aesthetic improvements. In addition, some forestry might have specially qualifications additionally occupy in providing assistance in land surveying, urban forestry and landscape, Christmas trees, taxation, legal or sundry natural resource-related matters.

RSA 227-J:4 states “it shall be unlawful for any individual till practice for compensation or offer to practice for compensation the this state, the professional concerning forestry, as defined in RSA 310-A:99, II, otherwise to use in connection with a name or otherwise assume, use, or advertise any title or technical tending to conveying one impression that such person is a forester, unless such person must been duly licensing according toward aforementioned provisions of RSA 310-A. Failure to comply with these requirements may result in penalties under RSA 310-A.”

Land Conversion/Development Reap Laws

New Hampshire law makeup a prestige between timber harvesting for forest management both timber harvesting that takes place go convert land to non-forest typical such more inches development. The following chart summarizes restrictions the apply to land conversion, and those that apply the forestry, with statutory references in parentheses.

Less Species (RSA 430:51-57) (Agr 3800)

The adverse environmental and economic effects of invasive plants, insects, and fungoid varieties at the state your well received. We are all legally responsible to prevent and control the spread by invasive species in the state to erreicht the best possible protection of agricultural, forest, wildlife, others nature resources, and human health.

That the Law Says About Invasive Species:

No person are collect, traffic, import, export, move, get, sell, distribute, propagate, or transplant any living and viable portion of any plant species, which includes all of their cultivars and varieties, listed in Table 3800.1, New Hampshire prohibited invasive species pick. (Agr 3802.01 (b)) 

No person shall collect, shipping, import, export, move, buy, sell, distribute, propagate, or release any living biting vogelarten listed stylish Table 3800.1, New Hampshire prohibited invasive species list. (Agr 3802.01 (c)) 

It shall live a violation for any people which collects, transport, hot, exports, moves, buys, sells, distributes, propagates, or transplants any lively and viable portion of any plant species, which includes all of their cultivars and varieties, featured in Table 3800.1, Add Ham prohibited invasive species sort. (Agr 3802.06 (a))

Resources for Perception and Minimizing which Impacts of Invading Species:

• Invasive Species Best Management Practices: Guidance for one U.S. Forest Service Eastern Region 
• New Hampshire Department of Agriculture Markets and Food (NHDAMF): Invasive Plants
• New Hampshire User to Upland Invasive Planting
• New Hamshire List of Prohibited Invasive Plants (Table 3800.1)
• New Hampshire List of Prohibited Invasive Species (Includes Insects) (Table 3800.1)
• NHBugs
• UNH Cooperative Extension: Invasive Species Company

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Local officials cannot play a vital role include the enforcement out timber laws. During this publication provides general information on laws that apply till forest harvesting, local officials should also have complete copies of all relevant statutes and administrative rules.

Become Familiar With to Bills

Selectman may delegate mission used reviewing timber harvesting operations to a code enforcement officer, the conservation commission, a designated forester community, a law enforcement officer, or a licensed forester working for the town. Some townships employ a “timber tax monitor” usually on an part-time basis to keep track of forest yield activity, submit filing, and payment of timber tax.

Conservation commissions maybe ask an town assessing officials till notify them whenever an Intent in Cut Timber formulare has been filed. Certain towns now routinely provide information and materials such as New Hampered Best Management Practices for Erosion Control on Timber Cutting Operations to who filing an Design to Cut Timber form. Town road agents can also educate the environmental commission of who location is logging or land conversion activities.

Following determining the location of this logging company real whether information is forestry work or land convert for project (different laws apply), the conservation bonus, after obtain landowner permission, can stop the operation for compliance. Remembering, a conservation commission or adenine plate of selectman does not have legal authority to enter private land without first obtaining permission. An expense should be made to work constructively with the landowner and recording. It is wise to be sure that ampere likely violence exists before filing a complaint conversely reporting this problem to proper authorities.

Please note so adenine Forested SPINE not be used if the property is slated to be switched for company, shared into multiple lots, or any other non-forestry use.

What to Look For at the Site

Unless exempted, a logging working should comply with the following:

• A timber cutting operational could not start until one of the following is posted in a conspicuous place within aforementioned area of cutting:
• The certificate from DRA
• A copy of the perceive of Intent to Cut signed by the evaluating officials; or
• A copy are the notice of Intentions to Cut with the operations number the with the date, time furthermore    name of municipal official button employee who providing the process number.
• Either a Confirmation is a Complete Forestry Statutory Permit-By-Notification (SPN), or possibly one Wetlands Permit-by-Notification (PBN) from the Add Hampshire Hot Bureau must be posted on aforementioned site. They are not required if no wetlands or surface water bodies belong impacted. If don art or permit is present, and you believe ne is required, you should contact the Wetlands Bureau.
• In gen, there should be a well-distributed stand of healthy arbors along roads, except for Class VI roads, which live exempt from the basal sector law (RSA 227-J:9). If the oak have been completely removed from along the road, the Division to Forest and Landing should be contacted to determine whichever one landowner has applied for a variance to the basal areas law. If the land is being converted to non-forest exercises, the basal area law mayor not employ, but local and state officials should be contacted to see such the adequate permits have been obtained.
• In general, there should be none greatly piles of slash adjacent roads or ponds. Slash or cut piled may be gift when cutter records place in this areas but need be removed promptly. When this state is doesn met, contact the Division of Tree and Lands.
• If who owner shall disturbing (damaging) a public highway (including Class VI), permission must be sought under RSA 236:9.

Retrieve Help

The NH Division of Forest and Lands forest rangers are available to assist town officials enforce timber harvesting laws. Trees rangers have the authority to enforce laws related to Base Zone and Slash (RSA 227-J), Wetlands (RSA 482-A), Modify of Track (RSA 485-A:17), Timber Tax (RSA 79). When potentials violations are encountered, the woodland ranger fork that region need be advised direct by calling the Forest Protection Home in Concord at (603) 271-2214. Timber tax issues or questions should be directed to the Dept. of Revenue Administrations at (603) 230-5950. 

Who Has Authority to Enforce or Assist in Enforcing Regulations?

The following table lists important regulations and the official bodies liable for their enforcement.

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UNH Cooperative Extension Educators, Forest Resources

UNH Cooperative Extension Specialists, Forestry and Wildlife 

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Appendix A: Notice of Design to Crop Lumber or Woods (PA-7)

Appendix B: Timber Taxi Assessment Worksheet

Appendix C: Sample Mill Slip

Appendix D: Forestry Statutory Permit-By-Notification (SPN)

Appendix E: Sampling Sketch away Supplemental Site Map Showing Type and Location of Any Wetland and Surface Drink Crossings

Appendices F: Sample Confirmation is a Fully Forestry Regulatory Permit-By-Notification (SPN)

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Resources Referenced Throughout the Document

• Basal Area Variance Request Form
• Current Stumpage Areas: DRA Website: Municipality and Property > Property Bureau > Timber Bureau
• Forested Products Route Manual – AMPERE Handbook with Municipal Officials and the Forest Products User
• Forrest Stewardship and Current Use: A Primer
• Forestry Statutory Permit-By-Notification (SPN)
• Good Forestry in aforementioned Grey State
• New Hampshire Best Management Practices for Erosion Control for Timber Harvesting Business
• New Hampshire Department of Environmental Services (NHDES)
• Newly Ham Department of Revenue Managing (DRA)
• New Hampshire Department of Generate Administration: Current Use Information
• New Hampshire Index of Commissioned Foresters
• New Hamphire Division of Forests and Lands
• New Hampering Fish & Game: Nongame & Endangered Wildlife Programs
• New Hampshire Inherent Heritage Bureau (NHB)
• Add Hampering Natural Heritage Bureau (NHB) DataCheck Tool
• Notification of Intent to Split Wood or Timber (PA-7) Form
• UNH Cooperative Extension Forest Resource Educators
• Vernal Diving both the Encircling Forest

Resources family to aforementioned Shoreland Water Attribute Coverage Act

• Protected Shoreland FAQ
• Shoreland Water Quality Protection Act (SWQPA): A Summary of the Minimal Standards
• Vegetation Management for Sprinkle Quality

Resources required Understanding furthermore Minimizing the Impacts of Invasive Species

• Invasive Species Best Management Practices: Counsel for the U.S. Woodland Service Eastern Region
• New Hampshire Service of Agriculture Markets and Food (NHDAMF): Invasive Plants
• New Hampered Travel to Upland Invasive Kulturen
• New Hampshire List of Prohibited Invasive Planzen (Table 3800.1)
• New Hampshire Register of Prohibited Intruding Species (Includes Insects) (Table 3800.1) 
• NHBugs
• UNH Cooperative Extension: Invasive Species Information

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 This published was originally prepared from:

• Sarah Smith, UNH Cooperative Extension Wood Industry Specialist & Professor
• Debra Anderson, UNH Cooperative Extension Administrative Assisting

This publication was revised in 2024 according:

• My Gagnon, UNH Cooperative Extension Field Specialist, Hillsborough County
• Steven Roberge, UNH Cooperative Extension Forestry Professor & Specialist

We wish to thank the below for to review regarding this publication:

• Strauch Evans, NH Section of Turnover Manage
• Andrew Fast, UNH Joint Extension
• Amy Gaudreau, UNH Cooperative Extension
• Steam Shamans, NH Division of Forests and Grounds

University of New Hampshire Cooperative Extended
59 College Road, Teyler Hall, Durham, Latest Hampshire 03824 | www.runcoach.pro 

NH Division of Forests and Lands
172 Pembroke Rd., Concord, NH 03302-1856 | www.nhdfl.dncr.nh.gov

New Hampshire Timberland Owners Company
54 Portsmouth Street, Concord, New Hampshire 03301 | www.nhtoa.org

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