Res 8100-8500

REVISION NOTE:

The Department of Natural and Cultural Resources (Ncr) was established under RSA 12-A:1 and the Department of Resources and Economic Development (DRED) abolished, pursuant to 2017, 156:15, effective 7-1-17. Some of the existing rules under DRED, identified by the prefix Res, were transferred to the prefix Ncr.

All filings prior to Document #142931, effective 6-25-25 can be found in the filing history for the Res 8400 rules.

CHAPTER Ncr 840 RULES FOR THE GRANT-IN-AID PROGRAM

Statutory Authority: RSA 215-A:3-a, III and RSA 215-C:3, II

PART Ncr 841 PURPOSE AND SCOPE

Ncr 841.01 Purpose of the Grant-In-Aid Program.

(a) The purpose of the grant-in-aid program is to provide assistance to off highway recreational vehicle (OHRV) clubs, snowmobile clubs, and political subdivisions for projects which will benefit the ridership of OHRVs, snowmobiles, or both.

(b) The intent of the program is to enhance the development, maintenance, construction, grooming, and safety of public use OHRV and snowmobile trails in New Hampshire.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 841.02 Scope. These rules shall only apply to OHRV clubs, political subdivisions, and snowmobile clubs as defined by Ncr 842.01 (l), (m), and (o).

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 842 DEFINITIONS

Ncr 842.01 Definitions.

(a) “Applicant” means an OHRV club, snowmobile club, or political subdivision that applies to the grant-in-aid program.

(b) "Bureau chief" means the chief supervisor for the bureau of trails within the department of natural and cultural resources (bureau).

(c) “Class 1 equipment” means a standard snowmobile or an ATV, or similar style vehicle, which is used for trail grooming or maintenance.

(d) “Class 2 equipment” means a snowmobile with wide tracks or a standard UTV, or similar style vehicle, which is used for trail grooming or maintenance.

(e) "Class 3 equipment" means a tractor or UTV with tracks used to groom or maintain trails with a horsepower range of 48 to 80.

(f) "Class 4 equipment" means a tractor used to groom or maintain trails with a horsepower range of 81 to 100.

(g) "Class 5 equipment" means a tractor or grader used to groom or maintain trails with a horsepower range of 101 or more.

(h) “Grant-in-aid (GIA)” means the program administered by the department of natural and cultural resources, bureau of trails, pursuant to Ncr 840.

(i) “Grooming, grading, or maintenance implement” means drags, rock rakes, blades, or any other attachment purchased, and used on, or towed behind equipment for the purpose of trail maintenance, grading, or grooming.

(j) “Grooming, grading, or maintenance equipment” means any class 1 through 5 equipment as defined above or maintenance equipment purchased specifically to maintain public trails.

(k) “OHRV advisory committee” means the volunteer committee which advises the bureau chief about GIA projects. The committee is made up of an OHRV representative from each bureau district who are recommended to the bureau chief by the NH off highway vehicle association, and approved by the bureau chief, based upon the trail maintenance and volunteer club experience of the individual.

(l) "OHRV club" means "OHRV club" as defined in RSA 215-A:1, V-a, namely "an organized, dues-paying group of OHRV users with bylaws, registered with the secretary of state as a nonprofit organization."

(m) "Political subdivision" means a town, city, county, or another department or division of the state.

(n) “Snowmobile advisory committee” means the volunteer committee which advises the bureau chief about GIA projects. The committee is made up of a snowmobile representative from each county who are recommended to the bureau chief by the NH snowmobile association, and approved by the bureau chief, based upon the trail maintenance and volunteer club experience of the individual.

(o) "Snowmobile club" means "snowmobile club" as defined in RSA 215-C:1, XVI, namely "an organized, dues-paying group of snowmobile users with bylaws, registered with the secretary of state as a nonprofit organization."

(p) “Summer grading operations” means when an applicant uses trail maintenance registered and insured equipment to grade a trail surface during the summer season.

(q) "Tractor" means groomers, graders, and farm tractors used for the purpose of the GIA program.

(r) "Trail administrator" means a member of an OHRV club, snowmobile club, or political subdivision designated or elected to enter into agreements with the bureau for GIA purposes.

(s) “Trail project” means trail construction and maintenance, purchase of grooming, grading, maintenance equipment or implement, reconditioning of trail grooming or grading equipment, and summer grading operations, and can include construction and maintenance of public safety landing zones adjacent to the trail system when necessary for remote rescue.

(t) “Winter grooming operations” means when an applicant uses trail maintenance registered and insured equipment to groom a trail surface during the winter season.

(u) "Winter season" means the months of November through April and when the ground is predominantly covered with snow.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 843 PROGRAM INFORMATION

Ncr 843.01 Uses of Grant-In-Aid. Grant-in-aid (GIA) shall be used for the development and maintenance of OHRV and snowmobile trails on private, state, federal, or municipal lands. All state, federal, or municipal permits required shall be the responsibility of the applicant applying for GIA.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 843.02 Percentages of Grant-In-Aid. Grant-in-aid shall be limited to the following percentages:

(a) 100% of the cost of purchasing materials for trail construction and maintenance excluding delivery fees;

(b) 60% of the cost of renting equipment required to complete a snowmobile trail project;

(d) 60% of the cost of purchasing snowmobile trail grooming or maintenance implement or equipment;

(e) 80% of the cost of purchasing OHRV trail grading or maintenance implement or equipment;

(f) 80% of the cost of reconditioning trail grooming or grading equipment;

(g) 70% of the cost of winter grooming operations;

(h) 80% of the cost of summer grading operations;

(i) 70% of the cost of parking lot snow removal for lots where the primary purpose is for public parking and access to trails for motorized recreation. Snow removal for commercial purposes only shall not be reimbursed; and

(j) 100% of the cost of liability insurance premiums for trail grooming equipment when the bureau chief determines it’s a low snow year.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 843.03 Reduction of Grant-In-Aid.

(a) Should OHRV or snowmobile revenues fall short of the estimated amounts, GIA awards shall be reduced by the amount of the revenue shortfall. If GIA revenues are insufficient to fund projects at the percentages noted in Ncr 843.02, the bureau shall have the ability to offer partial funding to an applicant, which is lower than those proportions noted in Ncr 843.02, and the applicant may determine if they wish to accept the lower project funds.

(b) Any non-GIA grant(s) received for purchases of equipment shall be deducted from the total cost of a new or used piece of equipment before calculating a GIA award.

(c) In the event that an applicant is purchasing new equipment, and that applicant is selling or trading-in property previously purchased through the GIA program as part of the financing for that new equipment, then the bureau shall compare the value of that sale or trade-in against the amount of the purchase price not covered by the GIA award. If the sale or trade-in value is greater than the proportion of the purchase price not covered by the GIA award, then the bureau shall reduce the GIA award below that specified in Ncr 843.02 to the extent necessary to prevent the combination of the sale or trade-in value and the GIA award from exceeding 100% of the value of the new equipment.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 843.04 Deadlines for Submitting Applications.

(a) GIA applications, pursuant to Ncr 845.01 and Ncr 845.02, to be accomplished during the upcoming summer season shall be submitted no sooner than March 20 and no later than May 5 of each year. If the due date falls on a weekend, the application shall be submitted by the close of the prior business day.

(b) GIA applications, pursuant to Ncr 845.03, to be accomplished during the upcoming winter season shall be submitted no sooner than September 1 and no later than October 15 of each year. If the due date falls on a weekend, the application shall be submitted by the close of the prior business day.

(c) The applicant shall complete and submit the trial sign order by the second Friday of April of each year with the bureau’s “Trail Sign Order Form – OHRV”, 2025 June or “Trail Sign Order Form Snowmobile” 2025 June, pursuant to Ncr 844.11.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 843.05 Authorized Trail Administrator. Each applicant requesting GIA shall, through its club president, authorize a trail administrator to represent their organization and shall complete and submit either the “OHRV Application for Grant-in-Aid”, 2025 June , “Summer Snowmobile Application for Grant-in-Aid”, 2025 June , or the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June, found on the GIA website. The club or organization president shall certify on the form that, “The undersigned Club/Organization President certifies that, per Ncr 843.05, the Officers of [Club/Organization Name] have voted to appoint [Trail administrator’s name] as the Club/Organizations Trial Administrator (TA).” The trail administrator’s name shall be listed on the application.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 843.06 Landowner Permission. All applicants seeking GIA for trail construction or maintenance shall obtain written landowner permission as required under Ncr 844.02(c). Written permission shall not be required for summer grading and winter grooming operations, provided that the trail administrator verifies by signing either the “OHRV Application for Grant-in-Aid”, 2025 June, or the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June , that permission has been received. For certification of insurance purposes, the applicant shall complete and submit the “Grant-In-Aid Landowner List Form,” 2025 June as found on GIA website. The list applicant shall type out the form and include all landowners on which the club’s trail system exists and submit to bureau of trails by the applicant as part of the spring “OHRV Application for Grant-in-Aid”, 2025 June for OHRV clubs and as part of the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June, for snowmobile clubs. The applicant shall provide each landowner with a copy of the Landowner Partnership Brochure.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 843.07 Reimbursement Rates for Grading and Grooming. The bureau chief shall have the authority to set the hourly reimbursement rates for grading and grooming in consultation with the OHRV and snowmobile advisory committees.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 844 PROJECT REQUIREMENTS

Ncr 844.01 Multiple Projects. Only one application shall be required for multiple projects having the same application deadline provided that each listed project meets the criteria outlined in this part.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.02 Trail Construction and Maintenance. Any project for trail construction and maintenance shall include the following to be submitted with the either the “OHRV Application for Grant-in-Aid”, 2025 June , or the “Summer Snowmobile Application for Grant-in-Aid”, 2025 June. The club or organization presidents shall certify on the form that, “The undersigned Club/Organization President certifies that, per Ncr 843.05, the Officers of [Club/Organization Name] have voted to appoint [Trail administrator’s name] as the Club/Organizations Trial Administrator (TA).”:

(a) A detailed description of the proposed project;

(b) A statement of the type of work necessary to complete the project;

(c) “GIA Landowner Project Permission Form(s)”, 2025 June for the project area that certifies that the landowner granted permission to perform the project work as required by Ncr 843.06;

(d) A labeled, detailed trail map of the project area;

(e) A detailed budget to show anticipated project costs;

(f) Acknowledgment that awarded fugitive dust controls funds shall not be used for any other purpose or project;

(g) A certificate of insurance for trail grooming equipment, if not already on file at the bureau;

(h) A certificate of good standing, if not already on file at the bureau;

(i) A copy of the club’s organizational map that shows all trails that received landowner permission on which to operate and OHRV; and

(j) Certification by the club president trail administrator (TA) that the GIA program rules were understood, that the GIA application is correct and complete, and that the club president trail administrator (TA) will work with the GIA program coordinator if the grant is awarded.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.03 Storm Damage Repairs for OHRV Clubs. OHRV clubs finding unforeseen storm damage may apply for up to $10,000.00 annually on the “OHRV Application for Grant-in-Aid”, 2025 June, pursuant to Ncr 845.01 to repair damaged trails. To request GIA funds for unforeseen storm damage, the OHRV club trail administrator shall complete and submit the “Grant-In-Aid OHRV Storm Damage Request Form”, June 2025, to the bureau and include the documentation for trail construction and maintenance as required in Ncr 844.02.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.04 Purchase of Trail Grooming, Grading, Maintenance Equipment or Implement. Any project for the purchase of trail grooming, grading, or maintenance equipment or implement shall:

(a) Include a detailed description of the equipment to be submitted with either the “OHRV Application for Grant-in-Aid”, 2025 June, or the “Summer Snowmobile Application for Grant-in-Aid”, 2025 June that provides:

(1) The year of manufacture;

(2) The make of the equipment;

(3) Engine size, if applicable;

(4) Fuel type if applicable; and

(5) Optional equipment desired, if applicable; and

(6) A copy of the written appraisal for sales or trade of GIA-purchased equipment;

(b) Include a quote from a proposed vendor including the proposed vendor’s address and telephone number to be submitted with the application;

(c) If the applicant for an equipment or implement grant is also selling or trading equipment or an implement previously purchased through the GIA program to another OHRV club, snowmobile club, or political subdivision, include a detailed description of the equipment or implement to be submitted with the application that provides:

(1) The make, model, and size of the equipment or implement;

(2) The year of manufacture;

(3) The original cost of the equipment;

(4) The amount of GIA provided for the purchase of the equipment or implement;

(5) The year of purchase by the applicant; and

(6) A copy of the written appraisal;

(d) Include an agreement by the grantee to maintain equipment or implement purchased through the GIA program in good mechanical condition; and

(e) Include a letter of justification explaining the need for purchasing equipment or implement.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.05 Terms of Ownership.

(a) No equipment or implement previously purchased through the GIA program shall be sold or traded by a grantee except as follows:

(1) For class 1 or 2 equipment previously purchased through the GIA program, the applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if the equipment has been in the possession of the applicant for 5 years from the date of the purchase;

(2) For any equipment that was in new condition when purchased through the GIA program and not subject to (1) above, the applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if:

a. The equipment has been in the possession of the applicant for 5 years from the date of purchase; and

b. The snow grooming equipment has had 3000 hours of operation, or summer grading equipment has had 1,200 hours of operation;

(3) For any equipment that was in used condition when purchased through the GIA program and not subject to (1) above, the applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if:

a. The equipment has been in the possession of the applicant for 5 years from the date of purchase; and

b. The snow grooming equipment has an additional 1300 hours of operation, or summer grading equipment has had an additional 600 hours of operation;

(4) For any trail grooming, grading, or maintenance implements purchased through the GIA program, the applicant may sell or trade the implement and the state shall no longer claim an interest in the property if the implement has been in the possession of the applicant for 5 years from the date of purchase;

(5) If (1), (2), (3), and (4) above do not apply, and the equipment or implement is no longer being used to provide trail maintenance, grading, or grooming services on trails used by the general public, then the applicant may sell the property provided that upon receipt of the sale proceeds the applicant shall return funds to the bureau in the same proportion as the bureau funded the initial purchase price;

(6) For any equipment or implement owned by an applicant that ceases to participate in the GIA program, maintain public trails, disbands without reforming, or disbands without being absorbed into another participating organization, and to which (1) through (5) do not apply, the applicant shall:

a. Give the bureau the first opportunity to purchase the equipment or implement for the non-GIA proportion of the equipment or implement’s value; and

b. If the bureau does not purchase the property pursuant to (a) above, reimburse the GIA program a portion of the sale price in the same proportion as the bureau funded the initial sale price; and

(7) If a piece of equipment or implement is replaced in violation of (1) through (6), above, then the replacement equipment or implement shall be subject to the same terms and conditions set forth upon the original grant funded equipment or implement for the remainder of the time period during which the applicant could not sell or trade that equipment or implement without further violating 844.05.

(b) The state of New Hampshire shall retain an interest in the form of a lien on any and all equipment or implement purchased through the GIA program. The bureau shall file a financing statement with the secretary of state pursuant to RSA 382-A:9-501 through RSA 382-A:9-529. The financing statement shall:

(1) Describe the equipment or implement subject to the lien;

(2) Identify the applicant that owns the equipment or implement; and

(3) Identify the state of New Hampshire as the secured party.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.06 Reconditioning of Grooming or Grading Equipment.

(a) Any project for the reconditioning of equipment shall:

(1) Be limited to class 3, 4, and 5 tractors;

(2) For snow grooming equipment, have a minimum of 3,000 hours of operation from date of purchase, or be a minimum of 7 years of age from date of purchase. For summer grading equipment, have 1,200 hours of operation from date of purchase, or be a minimum of 7 years of age from date of purchase;

(3) For previously reconditioned snow grooming equipment, have an additional 1,700 hours of operation and for previously reconditioned summer grading equipment have an additional 600 hours of operation;

(4) Include a detailed description of the equipment to be submitted with the application that provides:

a. The year of manufacture;

b. The make of the equipment;

c. Engine size;

d. Fuel type; and

e. Optional equipment;

(5) Include a letter of justification for reconditioning the equipment to be submitted with the application that provides:

a. A list of currently owned equipment;

b. The condition of the equipment; and

c. Any repair costs for the equipment;

(6) Include a quote from an authorized manufacturer’s representative including the representative’s address and telephone number to be submitted with the application; and

(7) Include an agreement by the applicant to maintain equipment reconditioned through the GIA program in good mechanical condition.

(b) Applicants shall retain and operate any equipment reconditioned through the GIA program for a minimum of 3 years, and 800 hours, from date of reconditioning, in addition to the requirements of Ncr 844.05, before selling or trading the equipment. Applicants that sell or trade grooming equipment within 3 years, and less than 800 hours of operation, of a reconditioning grant shall reimburse the state of New Hampshire GIA program 50% of the reconditioning grant value.

(c) The state of New Hampshire shall retain an interest in the form of a lien on any and all equipment reconditioned through the GIA program. The bureau shall file a financing statement with the secretary of state pursuant to RSA 382-A:9-501 through RSA 382-A:9-529. The financing statement shall:

(1) Describe the equipment subject to the lien;

(2) Identify the applicant that owns the equipment; and

(3) Identify the state of New Hampshire as the secured party.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.07 Summer Grading Operations. Applicants applying for summer grading operations shall include the following to be submitted with the “OHRV Application for Grant-in-Aid”, 2025 June:

(a) A trail map;

(b) The total one-way mileage of trails to be graded; and

(d) Acknowledgement that awarded storm damage funds shall not be used for any other purpose or project; and

(e) Registration of grading equipment as a trail maintenance vehicle with the fish and game department and proof of liability coverage.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.08 Winter Trail Grooming Operations. Applicants applying for winter grooming operations shall include the following to be submitted with the “Winter Snowmobile Application for Grant-in-Aid”, 2025 June:

(a) A trail map;

(b) The total one-way mileage of trails to be groomed;

(d) A certificate of good standing, if not already on file with the bureau; and

(e) A certificate of insurance, if not already on file with the bureau.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.09 Parking Lot Snow Removal. Applicants applying for snow removal from parking lots shall include the following to be submitted with the “Winter Snowmobile Application for Grant-in-Aid”:, 2025 June:

(a) A map clearly showing the location of the parking lot;

(b) A detailed description of the parking lot including the size and approximate number of parking spaces available; and

(d) At post season, an itemized bill from the snow plow vendor that includes the dates plowed and copies of receipts and cancelled checks that show that payment was made to the vendor.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.10 Liability Insurance for Trail Grooming Equipment.

(a) Any project for the reimbursement of liability insurance premiums paid for trail grooming equipment shall include the following to be submitted with the “Grant-In-Aid Billing Form”, 2025 June, pursuant to Ncr 848.01(b)(7):

(1) A copy of the insurance certificate;

(2) A copy of paid receipts and invoices with sufficient detail of items and services provided;

(3) Copies of cancelled checks to show proof of payment;

(4) For grooming and grading reimbursement requests, copies of log sheets due by the 10th of the month for the previous month’s work, and;

(5) As indicated on the Grant-In-Aid Billing Form, “The Trail Administrator’s signature verifies that all contracted work is eligible to receive state funds, no subcontractor has been suspended or debarred from receiving state funds.”

(b) Liability insurance premium payments requested through the GIA program shall be considered for approval only during winter seasons where there is less than average snow fall for grooming, which shall be determined regionally in the state by the bureau chief.

(c) Such determination shall be made by March 1 of each winter and noticed to all applicants participating in the GIA program.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.11 Trail Signs. Trail signs shall be used and installed along the trail system for the safety and information of trail users. Trail sign orders shall be submitted by the second Friday of April of each year with either the bureau’s “Trail Sign Order Form – OHRV”, 2025 June, or “Trail Sign Order Form – Snowmobile”, 2025 June, as applicable.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 844.12 Change in Project Scope Request. Applicants can request a specific GIA trail project to be changed as necessary. Applicants shall make efforts to complete approved projects before requesting a change in project scope unless field conditions prevent approved projects from being completed. Applicants shall submit a “Grant In Aid Change in Project Scope Request Form”, 2025 June, in writing to the bureau chief for review. All applicable rules per Ncr 844.02 apply to these change in project scope requests.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 845 APPLYING FOR GRANT-IN-AID

Ncr 845.01 OHRV Application for Grant-in-Aid. OHRV clubs and political subdivisions applying for GIA for summer OHRV trail projects or summer grading operations shall complete, and submit the “OHRV Application for Grant-In-Aid Summer” form, 2025 June.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 845.02 Summer Snowmobile Application for Grant-In-Aid. Snowmobile clubs and political subdivisions applying for GIA for summer snowmobile trail projects shall complete, and submit the “Summer Snowmobile Application for Grant-In-Aid ” form, 2025 June.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 845.03 Winter Snowmobile Application for Grant-in-Aid. Snowmobile clubs and political subdivisions applying for GIA for winter snowmobile operations and parking lot snow removal shall complete, and submit the “Winter Snowmobile Application for Grant-In-Aid” form, 2025 June.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 845.04 Required Project Information. Applicants shall submit required project information pursuant to Ncr 844 with an application.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 845.05 Submitting an Application. The applicant shall mail or hand-deliver a completed application and all attachments, in accordance with the deadlines established in Ncr 843.04, to:

Department of Natural and Cultural Resources

Bureau of Trails

172 Pembroke Road

Concord, NH 03301

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 846 REVIEW OF GRANT-IN-AID APPLICATIONS

Ncr 846.01 Review of Grant-In-Aid Applications.

(a) The bureau shall review all GIA applications within 15 business days of the deadlines established in Ncr 843.04, with recommendations from the OHRV or snowmobile advisory committee, and shall recommend approval or denial of GIA to the bureau chief. In making a decision the bureau chief shall consider the advisory committees’ input.

(b) The bureau chief shall approve an application if:

(1) Significant control over the trail or project area is shown, such as landowner permission and equipment for project;

(2) Adequate resources are available to support the project, such as snowfall, land for development, and nearby services to assist trail users;

(3) Anticipated levels of trail use can justify expenditures;

(4) Needs of the area and trail system are met;

(5) The project area is accessible to the public trail user;

(6) Public facilities are available, such as parking, fuel, lodging, and food;

(7) Environmental impacts are minimized and natural features are preserved where possible;

(8) All applicable statutes and rules with previous GIA projects have been complied with; and

(9) The applicant maintains professional and courteous relationships with local municipalities, landowners, adjacent clubs, and the public that shows cooperation and consideration of all land users and public trail funds.

(c) Following approval of an application, the bureau chief shall forward to the applicant, a GIA agreement for signature by the trail administrator.

(d) The signed GIA agreement shall be returned to the bureau for execution.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 847 NOTIFICATION

Ncr 847.01 Notification.

(a) Following approval of a GIA agreement, the bureau chief shall forward to the applicant, one completely executed copy of the GIA agreement.

(b) In the event a GIA application is denied, the reason for such denial shall be made in writing to the applicant.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 848 REIMBURSEMENT REQUIREMENTS

Ncr 848.01 Grant-In-Aid Billing Form.

(a) Applicants requesting reimbursement for approved GIA projects shall complete, and submit, the “Grant-In-Aid Billing Form”, 2025 June.

(b) The applicant shall include a copy of the following with the billing form:

(1) Paid invoices with proof of payment for the purchase of materials and for the rental of equipment for trail construction and maintenance reimbursements, if applicable;

(2) A paid invoice with proof of payment from the seller listing the total price paid, make, model, serial number, year of manufacture, engine size, fuel type, and date of delivery for trail grooming, grading, maintenance equipment or implement purchase reimbursements, and a bill of sale for any equipment or implement sold or traded as part of the project, if applicable;

(3) Include an insurance policy for all grooming, grading, or maintenance equipment purchased through the GIA program sufficient to cover the equipment’s actual cash value for the term of the GIA award pursuant to Ncr 844.04. The insurance policy shall name the state of New Hampshire as a certificate holder with the following address:

State of New Hampshire

Department of Natural and Cultural Resources,

Division of Parks and Recreation

Bureau of Trails

172 Pembroke Road, Concord, NH 03301

(4) A paid invoice with proof of payment from an authorized manufacturer’s representative listing the total price paid, make, model, serial number, year of manufacture, engine size, fuel type, and date of delivery for reconditioning reimbursements, pursuant to Ncr 844.06, if applicable;

(5) Include an insurance policy for all equipment reconditioned through the GIA program sufficient to cover the equipment’s actual cash value for the term of the GIA award pursuant to Ncr 844.04. The insurance policy shall name the state of New Hampshire as a certificate holder with the following address:

State of New Hampshire

Department of Natural and Cultural Resources,

Division of Parks and Recreation

Bureau of Trails

172 Pembroke Road, Concord, NH 03301

(6) “Grant-in-Aid Grading Operations Log”, 2025 June, sheets detailing each day of grading for each piece of grading equipment for summer grading operations reimbursements, if applicable. All log sheets shall note the mileage graded and beginning and ending mileage, hour meter reading, or both, as appropriate;

(7) “Grant-in-Aid Grooming Operations Log”, 2025 June, sheets detailing each day of grooming for each piece of grooming equipment for winter grooming operations reimbursements, if applicable. All log sheets shall note the mileage groomed and beginning and ending mileage, hour meter reading, or both, as appropriate;

(8) Paid invoices with proof of payment for snow removal for parking lot snow removal reimbursements, with dates of plowing listed, if applicable; and

(9) Proof of payment for insurance and the insurance certificate for liability insurance premiums reimbursements, if applicable.

(c) Applicants may request capital advances in the event of justified hardship being demonstrated, in writing, to the bureau chief. Such request shall include the financial records of the applicant. Any advances granted shall have proof of payment submitted back to the bureau within 60 days, or future requests for advances shall be denied. Request for advances shall:

(1) Be submitted on a signed “Grant-in-Aid Billing Form”, 2025 June, and include a copy of the vendor invoice;

(2) Be submitted with a copy of their current financial statements, showing their account information from their financial institution, to demonstrate an inability to pay expenses up front; and

(3) When purchasing equipment or implements, proof of payment of the applicant’s percentage pursuant to Ncr 843.02 shall be submitted before the capital advance is issued.

(d) The applicant shall mail or hand-deliver a completed billing form and all attachments to:

Department of Natural and Cultural Resources

Bureau of Trails

172 Pembroke Road

Concord, NH 03301

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 848.02 Time Limit for Reimbursements. All projects and incurred costs shall be completed within the contract completion date as specified in the approved GIA agreement. Reimbursement requests are due within 30 days of the contract completion date.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 848.03 Funds Not Used. Any funds which are part of a GIA project that are not used by the applicant for the purposes authorized by the approved application shall revert to the GIA program. Any remaining balances shall not be used for any other purpose by any applicant unless prior written permission is received from the bureau.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 848.04 Failure to Comply. Failure to comply with any of the rules governing the reimbursement of funds shall result in the non-reimbursement of any funds owed and shall cause future GIA requests to be denied providing corrections are not made within 15 business days of notification of any failure of rules compliance.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

Ncr 848.05 Grooming Requirements.

(a) Between the dates of December 15th and December 31st, 8 inches of snow cover shall be on the ground to qualify for reimbursement from the GIA program.

(b) Applicants shall have the trail system open to the public to qualify for grooming reimbursement. Applicants can receive reimbursements for up to two days ahead of trail opening to prepare the trail for public use.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 849 WAIVERS

Ncr 849.01 Waivers.

(a) Applicants seeking waivers of specific GIA rules in this chapter shall submit a written request for waiver to the bureau chief which includes the following:

(1) Specific reference to the rule for which a waiver is being sought;

(2) Full explanation of why a waiver is necessary, including the justification for extenuating circumstances or hardships;

(3) Full explanation of alternatives proposed by the applicant, which shall be equally protective of the enhancement and safety of public use of OHRV and snowmobile trails or provide a reasonable explanation why the applicable rule should be waived.

(b) The bureau chief shall approve a request for waiver if the waiver request:

(1) Meets the objective or intent of the rule;

(2) Does not have the potential to negatively impact the safety of the public use of OHRV and snowmobile trails;

(3) Does not have the potential to negatively impact the recreational experience of the public use of OHRV and snowmobile trails; and

(4) Does not negatively affect the quality of OHRV and snowmobile trails.

(c) If a waiver is approved, the applicant’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which the waiver was sought.

(d) The bureau chief shall place a time limit on the waiver.

(e) Waivers shall not be transferable.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35

REVISION NOTE:

All filings prior to Document #14288, effective 6-25-25 can be found in the filing history for the Res 8500 rules.

CHAPTER Ncr 850 BUREAU TRAIL USE RULES

Statutory Authority: RSA 12-A:2-c I, II, III, and IV, RSA 215-A:3-a, and RSA 215-C:3, I

PART Ncr 851 DEFINITIONS

Ncr 851.01 Definitions.

(a) "All terrain vehicle (ATV)" means "all terrain vehicle (ATV)" as defined in RSA 215-A:1, I-b.

(b) "Bureau" means "bureau" as defined in RSA 215-A:1, II and RSA 215-C:1, III, namely "the bureau of trails in the department of natural and cultural resources."

(c) "Bureau ATV trail" means an established ATV course to be followed on department of natural and cultural resources (department) properties.

(d) "Bureau snowmobile trail" means an established trail on department properties accepted for use for snowmobiles during the winter season but not exclusively used by snowmobiles.

(e) "Bureau trail" means any maintained OHRV or snowmobile trail on department properties.

(f) "Bureau trail bike trail" means an established trail bike course to be followed on department properties.

(g) "Conventional motor vehicle" means any vehicle designed primarily for highway travel.

(h) "Established trail" means a trail that has been opened for use by specific vehicles as indicated by signage issued by the bureau.

(i) "Mud season" means the period of time from April or loss of continuous snow cover through May 23 of each calendar year.

(j) "Off highway recreational vehicle (OHRV)" means "off highway recreational vehicle" as defined in RSA 215-A:1, VI.

(k) "Operate" means "operate" as defined in RSA 215-A:1, VII, namely "to use that vehicle in any manner for transportation."

(l) "Snowmobile" means "snowmobile" as defined in RSA 215-C:1, XV.

(m) "Trail" means a course to follow or be followed.

(n) "Trail bike" means "trail bike" as defined in RSA 215-A:1, XIV.

(o) "Utility terrain vehicle (UTV)" means a “utility terrain vehicle” as defined in RSA 215-A:1, XXIV.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 852 ALL BUREAU TRAILS

Ncr 852.01 Applicability. The provisions of Ncr 852 shall apply to all bureau trails on department properties.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

Ncr 852.02 Authority of Bureau Personnel. Persons shall obey all requests made by authorized bureau personnel in matters of public interest, public safety, or resources protection.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

Ncr 852.03 Bureau Trail Restrictions.

(a) No person shall operate an OHRV or snowmobile except in areas or trails established by the bureau for OHRV or snowmobile use.

(b) No person shall operate an OHRV or snowmobile on bureau trail posted as closed. Trail closures shall be accomplished by posting signs that spell out the prohibited activity, by public notification by authorized department personnel, or both, as appropriate.

(d) No person shall operate an OHRV at a speed in excess of 35 miles per hour (mph) on any bureau trail.

(e) No person shall operate a snowmobile at a speed in excess of 45 miles per hour (mph) on any bureau trail.

(f) No person shall operate an OHRV or snowmobile at a speed in excess of 35 mph at trail connectors, defined in RSA 215-A:1, XVII.

(g) No person shall operate an OHRV or snowmobile at a speed in excess of 10 mph at signed trail junctions where two trails intersect one another, in parking lots, or when approaching or passing trail maintenance equipment.

(h) This section shall not apply to bureau personnel in the performance of their duties.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

Ncr 852.04 Parking Restrictions.

(a) No person shall park a conventional motor vehicle except in areas designated for parking.

(b) No person shall park a conventional motor vehicle in any area posted as restricted. Parking restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized department personnel, or both, as appropriate.

(d) Any conventional motor vehicle illegally parked as described above shall be subject to towing at the owner's expense.

(e) This section shall not apply to bureau personnel in the performance of their duties.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 853 ALL BUREAU SNOWMOBILE TRAILS

Ncr 853.01 Applicability. In addition to rules found in Ncr 852, the provisions of Ncr 853 shall apply to all bureau snowmobile trails on department properties.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

Ncr 853.02 Snowmobile Trail Restrictions.

(a) No person shall operate an OHRV other than an ATV, UTV, trail bike, or snowmobile on snowmobile trails.

(b) No person shall operate a conventional motor vehicle on snowmobile trails.

(c) No person shall operate an ATV, UTV, or trail bike on snowmobile trails unless posted as a permitted use. Trail restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized department personnel, or both, as appropriate.

(d) No person shall operate an OHRV or snowmobile on plowed roads unless otherwise posted.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 854 ALL BUREAU ATV, UTV, AND TRAIL BIKE TRAILS

Ncr 854.01 Applicability. In addition to rules found in Ncr 852, the provisions of Ncr 854 shall apply to all ATV, UTV, and trail bike trails on department properties.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

Ncr 854.02 ATV, UTV, and Trail Bike Trail Restrictions.

(a) No person shall operate an OHRV other than an ATV, UTV, or trail bike on any ATV and trail bike trail.

(b) No person shall operate a conventional motor vehicle on any ATV, UTV, and trail bike trail unless the trail has been posted for that use. Trail restrictions shall be accomplished by posting signs that spell out the prohibited use, by public notification by authorized department personnel, or both, as appropriate.

(d) The Ammonoosuc recreational, Rockingham recreational, and Sugar River recreational rail trails shall be exempt from (c) above.

(e) No person shall operate an ATV, UTV, or trail bike off established trails.

(f) Notwithstanding the provisions of Ncr 852.03(d) no person shall operate an ATV, UTV, or trail bike at a speed in excess of 35 mph on any ATV and trail bike trail. Trails may be posted for lower speed limits on bureau trails.

(g) Notwithstanding the provisions of (f) above, no person shall operate an ATV, UTV, or trail bike at a speed in excess of 25 mph on the Ammonoosuc, Greenville Branch, Hillsborough Branch, Rockingham, Sugar River, Upper Coos, or Presidential recreational rail trails.

(h) No person shall operate an ATV, UTV, or trail bike at a speed in excess of 10 mph within 250 feet of gates and stop signs.

(i) No person shall operate an ATV, UTV, or trail bike between 1/2 hour after sunset and 1/2 hour before sunrise unless posted open for use, or permitted under a special use permit pursuant to Ncr 743. Trail restrictions shall be accomplished by posting signs that spell out the prohibited use.

(j) No person shall operate an OHRV wider than 50 inches, total width, on bureau trails except in Coos County and on the Ammonoosuc recreational rail trail in Grafton County, as provided for in RSA 215-A:43, IV.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 855 PENALTIES

Ncr 855.01 Penalties. A person who violates any rule of Ncr 850 shall be guilty of a violation as provided for by RSA 215-A:19, I and RSA 215-C:34, I and shall be subject to a fine pursuant to RSA 651:2, III-a, and IV(a), Ncr 782.04, and Ncr 782.06.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

PART Ncr 856 INFORMATION

Ncr 856.01 Bureau Trail Information. The public may obtain information regarding bureau trail uses by contacting the bureau at 172 Pembroke Road, Concord, NH 03302.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

Ncr 856.02 Petitions for Declaratory Ruling. A declaratory ruling on the applicability of any statute or rule administered or enforced by the department shall be made through the petition process as described in Ncr 202.02.

Source. #14288, eff 6-25-25, EXPIRES: 6-25-35

Appendix

Ncr 841	RSA 215-A:23, VI(a)-(c) and RSA 215-C:39, VII(a)-(c)
Ncr 842	RSA 541-A:7
Ncr 843 through Ncr 849	RSA 215-A:23, VI(b) and RSA 215-C:39, VII(b)
Ncr 851	RSA 215-A:1; RSA 215-C:1; RSA 541-A:7
Ncr 852.01 and Ncr 852.02	RSA 12-A:2-c, II (a)
Ncr 852.03 through Ncr 854	RSA 12-A:2-c, I; RSA 12-A:2-c, II(a) and (b) RSA 215-A:3, V; RSA 215-A:3-a, II; RSA 215-A:6 RSA 215-C:2, VI; RSA 215-C:3, I; RSA 215-C:8; RSA 215-A:29, XI and RSA 215-C:49, XIII
Ncr 855	RSA 12-A:2-c, II(f), III, and IV; RSA 215-A:19, I; RSA 215-C:34, I; RSA 651-2, III-a; RSA 651-2, IV(a)
Ncr 856.01	RSA 91-A:4; RSA 541-A:16, I(a)
Ncr 856.02	RSA 215-A:3-a, II; RSA 541-A:16, I(d)
Ncr 856.02	RSA 215-A:3-a, II; RSA 541-A:16, I(d)