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Chapter 114
TIMBER HARVESTING
[HISTORY: This Chapter is a compilation of
Chapters 65 and 114 with revisions. Chapter 65 Logging Operations adopted by the
Town of Henniker 3-28-1978. Chapter 114 Timber Cutting adopted by the Town of
Henniker 2-16-1993. Amended 11-9-2010]
~114-1 Purpose
The
purpose of this chapter is to clarify the administrative requirements to be
overseen by office personnel when processing a Notice of Intent to Cut and to
establish uniform submission of material by owners, loggers, or harvesters of
forest products per RSA 79:10, pursuant to the authority conferred by RSA
47:17,VII and 236:10, in order to promote the public health and safety for the
general welfare of the citizens of the Town of Henniker, the following chapter
is hereby enacted.
~114-2 Jurisdiction
All lands
devoted to forest growth owned or administered by private person(s),
corporation(s) or organization(s) or by any federal, state, county, municipal
or other public agency.
~114-3 Filing of Notice of Intent to Cut
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Pursuant
to RSA 79:10, a Notice of Intent to Cut shall be filed with the Town of
Henniker prior to the operation commencing.
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To allow
for an inspection to determine the veracity of the Report of Cut,
the owner shall submit a tax map showing the areas to be cut and shall
designate seasonal/permanent wet area(s), landing area(s), and the
egress onto a town road(s) to be used during the logging operation.
Individuals shall so shade the property as to provide the Selectmen an
overview of the items so noted above. The map(s) shall become part of the
file.
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The logger
shall abide by the NH Code of Administrative Rules; Env-Wt 304.05 Logging
Operations and Best Management Practices for Erosion Control on Timber
Harvesting Operations in New Hampshire.
~114-4 Road Bonding
If so
decided by the Highway Superintendent/Road Agent, the applicant shall submit
to the Treasurer a bond or other surety in an amount determined by the Highway
Superintendent/ Road Agent sufficient to cover the cost of any repairs
required to the roads used to move the timber.
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It shall be unlawful for any person, partnership or
corporation to haul, transport or cause to be hauled or transported any logs
over town highways, streets or roads without a signed Intent to Cut from the
Board of Selectmen. The use of these roads may require a road bond approved
by the Highway Superintendent/Road Agent or the Board of Selectmen to secure
the repair of said highways, streets or roads damaged as a result of logging
operations in any amount and surety sufficient to cover the estimated costs of
repair as determined by the Highway Superintendent/Road Agent or designee.
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In the event of any violation of the provisions of this
article, a person shall be guilty of a violation and shall be fined $100 for
the first offense, and $250 for subsequent offenses, with each day
constituting a separate offense, and shall be liable for any costs to repair,
remedy, or otherwise return the road to an acceptable and stable condition, as
determined by the Highway Superintendent/Road Agent and the Board of
Selectmen.
-114-5
Class VI Roads
If the
property to be harvested is on a Class VI road, the landowner/logger must file
a Permission to Haul over a Class VI Road form, which is approved by the
Highway Superintendent/Road Agent and the Board of Selectmen before hauling on
said road.
~114-6 Security bond
Pursuant to RSA 79:10-a II, a security bond
may be required which will be payable prior to the Board of Selectmen signing
the Notice of Intent to Cut. Effective
August 7, 1998, RSA 79:10-a II states in part, that “No owner required to
furnish a bond ...shall commence to cut until such owner has posted the bond
or other security....No owner...shall be required to post a bond...unless
the owner owes the town timber taxes or property taxes.”
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