Transcript Purpose of Meeting - NH Division of Forests and Lands

Ossipee Lake Natural
Public Meeting
Department of Resources and Economic
Development
May 5, 2007
Purpose of Meeting
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Create a general understanding by the community,
users and other interests as to the basis of
management direction for the property, create more
informed public comment, and ultimately develop
understanding and support for management
direction.
Identify options for management direction given the
attributes of the property (recreational, cultural, and
ecological) legal requirements, and agency
responsibilities.
Determine and what resources are necessary to
support implementation of a given management
direction.
Agenda
 1. Description of Property
 2. Statutory, Legal and Administrative Guidance for
Management
 3. Characteristics and Uses of the Property
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Questions and Answers
 4. Management Issues
 5. Public comment
 6. Break out Discussion Groups
 OPTIONS – IMPLICATIONS - RESOURCES
 7. Reconvene
State of New Hampshire
Dept. of Resources & Economic Development
Ossipee Lake Natural Area
Grantee: White and Sawyer
Date of Conveyance: January 28, 1969
CCRD Book 439 Page 139
723 Acres±
•Subject to a negative easement in favor of the Grantor, that
there shall be no park development, or program within a
continuous buffer strip, 100’ in width, along the easterly,
northerly and easterly boundary of the tract from Ossipee Lake
to Route 25.
•“The Grantee agrees that the land will not be used for other
than educational or recreational purposes.”
2. Statutory, Legal and Administrative Guidance for
Management
 Division of Forests and Lands
 Historic Resources
 Natural Heritage
 Division of Parks and Recreation
Forests and Lands Agency Mission
227-G:1 Declaration of Purpose. – It is hereby recognized and
declared that the public welfare of this state requires the
maintenance, protection, conservation, multiple use, and
rehabilitation of forests for the social, economic, and environmental
benefits that result from a diverse forest cover. Such benefits include
forest products, a viable forest-based economy, recreation
opportunities, scenic values, healthful surroundings, climate
mitigation, clean water, and biologically diverse populations of plants
and animals. It is further recognized that long-term sustainability of
the state's forests will require: the prudent acquisition and
management of state-owned forests; data collection, planning, and
education; protection of critical resources; monitoring and protection
of forest health; and control of woodland fires. Source. 1995, 299:1,
eff. Jan. 1, 1996.
227-G:3 Duties and Authority of the Director of the Division of
Forests and Lands. –
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I. The director shall:
(a) Execute all matters pertaining to forestry, forest management, and
forestlands within the jurisdiction of the state, including cooperation with
other state and federal agencies, with the approval of governor and
council as required.
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(b) Be responsible for the forest management of all reservations and
state-owned forestlands except those areas managed for special
purposes. The director shall consult with the directors of all agencies
responsible for such areas in regard to forest management.
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(c) Execute all matters pertaining to the use of state reservations,
except matters pertaining to the recreational development, administration,
and maintenance, which shall be done in cooperation with the director of
the division of parks and recreation, department of resources and
economic development, with the approval of governor and council as
required.
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(j) Carry out such other duties relating to forests, forest management,
and forestlands as may be delegated by the commissioner lying within the
jurisdiction of the department.
Management of State Lands
227-H:1 Declaration of Purpose.
It is hereby recognized and declared that state-owned reservations
contribute to the conservation of natural resources and distinctive quality of
life in the state. The public welfare of this state is served by the prudent
acquisition and management of reservations to provide forest benefits and
for the purposes of demonstrating sound forestry principles, protecting
habitat for plants, animals, and other organisms, conserving forested
watersheds, preserving areas of rare and exemplary natural beauty and
ecological value, and providing for perpetual public access and use. Source.
1995, 299:1, eff. Jan. 1, 1996.
“Reservation” means public land under the jurisdiction of the department
including but not limited to: state forest, state park, natural area, historic site,
geological site, recreation trail, memorial area, fire tower, wayside area, heritage
park, resource center, agricultural area, state forest nursery, administrative facility,
information center, demonstration forest, certain islands, and lands under lease to
the department.
Public Forest Lands Management
RSA 227:H-2
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(a) Ensure that forest management on
reservations:
(1) Gives due consideration to the
conservation of all resources and benefits.
(2) Considers the context of these
reservations in the surrounding landscape.
(3) Is guided by principles of sustained yield.
(b) Coordinate forest management on
reservations with other interested state and
federal agencies.
(c) Allow for public involvement in forest
management planning for reservations.
CHAPTER 227-C
HISTORIC PRESERVATION
Preservation of State Historic Resources
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227-C:9 Directive for Cooperation in the Protection of Historic Resources. –
I. All state agencies, departments, commissions, and institutions
shall fully cooperate with the division in the location,
identification, evaluation and management of historic resources,
and to that end shall provide the division with appropriate
information on all state licensed, assisted, or contracted projects,
activities, or programs so that the division may determine the
effect of such undertakings on historic resources.
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II. Upon a recommendation of the division that historic resources may be adversely affected, the
commissioner shall conduct, or cause to be conducted, any necessary field investigations, subject to
personnel and budgetary limitations. State agencies, departments, commissions, and institutions are
authorized and encouraged to expend project funds or appropriated moneys for these field investigations.
III. When preparing to sell or transfer real property under its jurisdiction which is expected to have historic
resources, or is known to have historic resources, the state, its agencies, departments, commissions,
institutions and political subdivisions shall, upon a recommendation of the commissioner:
(a) Condition the sale or transfer upon such covenants, deed restrictions, or other contractual
arrangements as shall protect the historic resources for future generations.
(b) Reserve such property from sale or transfer, provided that the reservation of such lands from sale
or transfer may be confined to the actual location of the historic resources.
(c) Defer sale or transfer of such property for the purpose of conducting field investigations, including
salvage mitigation if necessary, and until the lands are released for sale or transfer by the commissioner.
Source. 1981, 504:5. 1985, 345:3.
CHAPTER 217-A
NEW HAMPSHIRE NATIVE PLANT PROTECTION
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Section 217-A:2
217-A:2 Findings and Declarations. – Because there are no laws protecting any of our
native plants, every year hundreds of our native plants are dug up and removed without
permission from public and private property. Many of these are taken out-of-state and sold
for profit. Therefore, the legislature finds and declares that:
I. For human needs and enjoyment, the interests of
science, and the economy of the state, native plants
throughout this state should be protected and conserved;
and that their numbers should be maintained and enhanced
to insure their perpetuation as viable components of their
ecosystems for the benefit of the people of New Hampshire.
II. Native species of plants within this state and the nation that are endangered,
threatened, or otherwise reduced in number or may become so because of loss,
modification, or severe curtailment of their habitats, or because of exploitation for
commercial, scientific, educational, or private use, should be accorded protection as is
necessary to maintain and enhance their numbers.
III. This state shall assist in the protection of species of plants that are determined to be
endangered, threatened, or of special concern by prohibiting the taking, possession,
transportation, processing, sale or offer for sale, exportation from this state, or shipment
within this state of such species without required and valid federal and state permits.
IV. The commercial sale of seeds, plants, and nursery stock is regulated by the New
Hampshire department of agriculture, markets, and food under RSA 433. Source. 1987,
220:1. 1995, 130:4, eff. July 23, 1995.
CHAPTER 217-A
NEW HAMPSHIRE NATIVE PLANT PROTECTION
217-A:6 Conservation Programs. –
I. The commissioner shall establish programs for the protection of
species listed under RSA 217-A:5. These programs may include methods for
the acquisition of land and interests in land that the commissioner determines
is necessary for the protection of such listed species.
II. To administer this chapter, the department may enter into agreements
with federal agencies, other states, agencies or political subdivisions of this
state, or with individuals or private organizations for administration and
management of any program established under this section or utilized for the
protection of listed plant species.
CHAPTER 217-A
NEW HAMPSHIRE NATIVE PLANT PROTECTION
217-A:7 Cooperation With Other State Agencies.
All state agencies, consistent with their authority and responsibilities, shall
assist and cooperate with the commissioner to carry out the purposes of this
chapter. To the extent possible actions funded or carried out by state
agencies shall not jeopardize the continued existence of any protected
plant species. Source. 1987, 220:1. 1993, 250:7, eff. June 15, 1993.
217-A:5 Natural Heritage Inventory of Species
Requiring Protection; Rulemaking. –
 I. The commissioner of the department shall, on the basis of research
and investigations and other available scientific data on plant species,
and after public hearing, adopt, pursuant to RSA 541-A, an inventory
of plant species occurring in the state which are threatened by the
loss, drastic modification, or severe curtailment of their habitats,
their over-collection for aesthetic, commercial, educational,
recreational, or scientific purposes, the effect on such species of
disease, pollution, or predation, or other factor or combination of
factors, natural or manmade.
IV. Excepting those species of plants determined to be endangered
or threatened pursuant to the Endangered Species Act, the department
shall determine whether any plant species should be listed as a
protected species upon presentation of substantial evidence in the
petition of any interested party. The department shall review each
species listed as an endangered species or as a threatened species
every 5 years to determine if the conditions that led to the original
listing are still present. Source. 1987, 220:1. 1993, 250:5, eff. June 15,
1993.
 Section 217-A:6
Zoning
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To maximize public use and benefit each parcel of
forestland is zoned according to its highest and best uses.
In this manner, work activities focus on conserving and
enhancing the highest and best uses. However, other uses
may be permitted under situations and limitations, which
will not impair the area for its dominant use.
Allocation of DRED Lands
 DRED lands are allocated for DRA into zones for taxation
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purposes.
Easements are lands owned by someone other than DRED
however DRED has purchased rights. Property taxes are paid
by the land owner. (Primary jurisdiction is Forests and Lands)
Agricultural Leases are lands owned by DRED however the
temporary right to grow agricultural products have been leased
to someone other than DRED. Property taxes are paid by the
lessee. (Primary jurisdiction is Forests and Lands)
Recreation Lands are owned by DRED for the purpose of
developed recreation. Property taxes are paid on a 5-year
declining schedule: Year 1 – 100% of taxes, Year 2 – 80% of
taxes, etc. (Primary jurisdiction is Parks and Recreation)
Forest Lands are owned by DRED and pay PILT (Payments In
Lieu of Taxes) every year approximately equivalent to Current
Use Taxation levels. (Primary jurisdiction is Forests and Lands)
60.0%
30.0%
Parks Land Use, 9.9%
Water, 1.5%
Steep Slope, 0.6%
Special Study, 1.6%
Soils, GII, 1.8%
Scenic, 10.6%
Recreation , 1.0%
Other, 1.5%
NPA Buffer, 3.1%
Natural Area, 7.3%
N/A, 1.0%
Mountain Top, 0.3%
Historic, 0.1%
0.0%
High Elevation, 0.0%
10.0%
Special Habitat, 3.6%
20.0%
Timber, 56.0%
DRED Fee Lands by Zones
50.0%
40.0%
Ossipee Lake Zones
Natural Preserve Areas
Natural preserve areas are those, which contain (a) unique geological features
and/or (b) unique plant communities, which will not change their composition in a relatively
short time in the natural course of plant succession.
The only projects permitted in these areas are construction of basic access
facilities such as trails, footbridges and signs and other activities compatible to protecting
the natural character of the natural preserve area.
Recreation Areas
Recreation areas are those in a forest area not part of a developed recreational
area that may have some identified recreation use passive in nature such as a trail of any
type, primitive campsites where allowed, identified natural springs in use and areas known
to be heavily used by the public for recreational purposes.
Timber Management Areas
Timber management areas consist of all lands under Forest Management Land
Use not included in the above categories.
Timber management areas are managed for the sustained yield of timber
products while allowing flexibility for other multiple use objectives. Silvicultural practices
applicable to a given stand are used, but the practice may be modified if its application will
seriously impair other resources.
CHAPTER 216-A EXPANSION OF STATE PARK
SYSTEM
 Section 216-A:1 Intent. – It is the intent of the general court that
a comprehensive state park system shall be developed,
operated, and maintained to achieve the following purposes in
order of the following priority:
I. To protect and preserve unusual scenic, scientific, historical,
recreational, and natural areas within the state.
II. To continually provide such additional park areas and
facilities as may be necessary to meet the recreational needs of
the citizens of all regions of the state.
III. To make these areas accessible to the public for
recreational, education, scientific, and other uses consistent with
their protection and preservation.
IV. To encourage and support tourism and related economic
activity within the state.
 Source. 1961, 263:1. 1985, 389:3, eff. June 25, 1985.
227-H:8 Use of Land for Recreational Purposes.
Any land acquired by the department or under its jurisdiction, pursuant to
this chapter, may, in the discretion of the department, be used for public
recreational and park purposes, provided that such use is not contrary to
the conditions incident to any bequest or gift. Source. 1995, 299:1, eff. Jan.
1, 1996.
Administrative Rules
 Res 7301.03 Authority of DRED Personnel. Persons shall
obey all requests made by authorized DRED personnel in
matters of public interest, public safety, or resources protection.
 Res 7301.04 Violations. Any person violating any rule
contained in this chapter shall be evicted from the property and
shall be guilty of a misdemeanor.
 Res 7301.05 Protection of Natural Features. No person shall
remove or damage any structure, plant, marine life, or natural
feature on DRED properties.
 Res 7301.06 Protection of Historic Resources. No person
shall remove or damage any historic property or historic and
cultural resource on DRED properties without the permission of
the director and the concurrence by the department of cultural
resources, division of historical resources.
 Res 7301.07 Restrictions in Public Use.
 (a) State parks and recreation areas shall be open for use unless
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closed by posting.
(b) State parks and recreation areas shall be closed or restricted by
authorized DRED personnel if:
(1) A governmental subdivision requests the department to close a
specific park at a time which the department deems reasonable;
(2) There is a need to reduce vandalism;
(3) There is a concern for public safety; or
(4) There is any other reason to protect the natural or other features,
and resources of the park.
(c) Park operating hours and restrictions in use shall be posted at the
park.
Res 7301.10 Firearms. No person shall use firearms within 300 feet
of a developed recreation area or occupied building, or within 300 feet
of trails or roads.
 Res 7301.11 Hunting.
 (a) Hunting shall not be permitted at all state historic sites, the
Urban Forestry Center, Odiorne Point state park, Opechee Bay
state forest and Shieling state forest.
 (b) At Bear Brook, hunting in the area known as the reservation
east of Podunk Road shall be limited to bow and arrow.
 (c) Portable tree stands shall be permitted for the purpose of
hunting, provided that they are temporarily installed without
driving nails or inserting other devices permanently into a tree
and that they are removed without damage to any vegetation.
The tree stand shall be stamped into or attached with a durable
waterproof tag with the name, address and telephone number of
the user in legible form.
 Res 7301.14 Fires.
 (a) Fires shall be permitted only in places provided or designated for
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that purpose, or as posted.
(b) Portable grills shall be permitted, provided that the park or beach
area has places provided or designated for use of grills and that the
ash and unused charcoal are emptied only into unused fireplaces or
receptacles provided for that purpose.
(c) Trash burning shall not be permitted.
Res 7301.15 Littering and Sanitation.
(a) No person shall dispose of garbage, sewage, trash, debris or any
other refuse or waste material of any kind on DRED properties except
in campgrounds, concession areas, and at the Hampton Seashell
complex where places and receptacles are provided for such purposes.
(b) State parks and recreation areas shall be carry in and carry out.
For the purposes of this rule, carry in and carry out means that persons
visiting a state park or recreation area shall take any trash generated
by them with them upon their departure.
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Res 7301.17 Boats. No person shall leave a boat unattended on any DRED
properties or adjacent waters, except at occupied camp sites and designated
boat storage facilities.
Res 7301.19 Metal Detectors.
(a) Metal detectors shall be permitted along the shoreline of state park beaches
and at athletic fields, playgrounds, and 25 feet from picnic tables and pavilions,
unless otherwise posted.
(b) No person shall use metal detectors at state historic sites, including Odiorne
Point state park.
(c) Money or items found whose value is in excess of $5.00 shall be reported to
the park manager or regional supervisor.
Res 7301.20 Digging.
(a) Digging shall be permitted on sand beaches with all resulting holes
completely filled in. Digging holes to a depth greater than 12 inches shall not be
permitted.
(b) Digging and other ground disturbances shall not be permitted at state parks
and historic sites except as permitted by the director with concurrence of the
department of cultural resources, division of historical resources.
Res 7301.22 Constructing or Erecting Structures. No person shall construct
or erect any structure, such as but not limited to rope swings, diving platforms,
or permanent tree stands or blinds, unless permission has been granted by
special use permit pursuant to Res 7306.
 Res 7301.24 Fireworks. No person shall use fireworks on any DRED
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property unless permission has been granted by special use permit
pursuant to Res 7306.
Res 7303.02 Swimming. No person shall swim at any DRED property
except in areas designated by lifelines.
Res 7303.03 Glass Bottles. No person shall have glass bottles on
any beach.
Res 7303.04 Fires. No person shall have fires or portable grills on
any beach.
Res 7303.05 Swimming and Floatation Equipment.
(a) No person shall use oars, paddles, electric motors or other
propulsion devices used to propel inflatables or other floatation
equipment in designated swimming areas.
(b) No person shall use boats, canoes, kayaks, and other watercraft in
designated swimming areas.
(c) No person shall use boats, inflatables and other floatation
equipment, and skim, boogie or surfboards in Archery Pond in Bear
Brook.
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Res 7303.06 Digging. No person shall dig holes on sand beaches unless all resulting
holes are completely filled in.
Res 7303.07 Scuba Diving. No person shall scuba dive in designated swimming areas
and in Archery Pond in Bear Brook.
Res 7301.13 Soliciting. No person shall conduct commercial activity and canvassing on
DRED properties unless permission has been granted by special use permit pursuant to
Res 7306.
Res 7306.01 Special Use Permit Required. A special use permit shall be required for the
following uses of DRED properties:
(a) Holding organized or special events which go beyond routine recreational activities;
(b) Use of a park, park buildings or park facilities for a length of time;
(c) Any organized event or use of park facilities during the non-operating season;
(d) Any event taking place during non-operating hours;
(e) Any event which requires park staff to provide services other than services for routine
park operations;
(f) Any organized event at which the organizer or their agent is either selling or serving
alcohol; or
(g) Any organized event at which the organizer or their agent is conducting for commercial
purposes, including fundraising and charity events.
3. Property Characteristics
 Historic and Cultural Resources
 Rare Plants and Natural Communities
 Recreation
Cultural Resources
 Non Renewable
 Fragile
 Rare
Cultural Resources
 Identify
 Evaluate
 Treatment
New Hampshire Natural Heritage Bureau
Functions
 find,
 track, and
 facilitate the protection of New Hampshire's
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rare plants and
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exemplary natural communities
What is an "exemplary natural community"?
A natural communities are recurring assemblages of plants and animals
found in certain physical environments.
Some natural community types are rare, others are common.
"Exemplary"
• largely undisturbed examples of common types (e.g., old growth), or
• almost any example of rare types (e.g Atlantic white cedar swamps).
Natural communities at the Ossipee Natural Area are exemplary
because they are large & relatively undisturbed (inland peatland)
and/or rare in New Hampshire (shoreline).
At and adjacent to the shore (sandy pond shore system):
Globally Rare:
Hudsonia inland beach strand
Only known example in the state
Twig-rush sandy turf pond shore
One of two known examples
State Rare:
Bulblet umbrella-sedge open sandy pond shore
< 20 known or suspected examples
Water lobelia aquatic sandy pond shore
< 20 known or suspected examples
Common:
Sweet gale - speckled alder shrub thicket
Relatively common in NH
Location of Sandy Pond Shore System
Sandy
Richer soil
Some organic soil
Drier
Wave action
Water level
Typically underwater (shallow)
Location of Sandy Pond Shore System
Hudsonia Beach
strand
Shrub Thicket
Twig-rush Pond
Shore
Open Sandy Pond
Shore
Aquatic Sandy Pond Shore
What is a 'rare' species?
A species that is at risk of extinction,
due to small population size and/or threats to its habitat
• either throughout its range ('globally rare')
• or in New Hampshire ('state rare')
Rare Species
 Hairy Hudsonia ( state threatened)
 Grassleaf Goldenrod (state endangered)
 Mermaidweed (state endangered)
 Swamp Birch (state endangered)
Listed as Endangered
Listed as Threatened
Listed as Endangered
Listed as Endangered
Recreational Opportunities
Heath Pond Bog
 Walking Trail to bog
 Snowmobiling (Ossipee
Valley Snowmobile
Club)
Pine River State Forest
 Walking, hiking, biking
on forest roads
 Fishing in the Pine
River
 Hunting
 Snowmobiling (Seven
Lakes Snowmobile
Club)
Pine River Boat Launch
 Boating
 Fishing in River
Ossipee Lake State Park
 Fishing
 Boating
 Swimming
Questions
Management Challenges
 Unmanaged recreational use
 Unauthorized uses (campfires,etc.)
 Sanitation
 Limited access to property (water only)
 Threats to cultural resources
 Loss of rare plants and unique natural
communities
 Conflicting resource values
 Availability of state resources for
management
Public Comment
Break Out Sessions
OPTIONS – IMPLICATIONS - RESOURCES
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What are the management options consistent with
the statutory limits and the attributes of the
property?
What are the implications of those options to
recreational use, protection of ecological values,
and protection of cultural resources?
What resources are necessary to support
implementation of a give option?
What resources might be available to help
implement a given option?
Comments
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