I konw the AMC sued and won up in Pinkham Notch, and that was against the state itself....
Anyone? :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead: :banghead:
Full Version: Club trails, and NH state law
I don't know about Sleds, but the abutters/town stopped the atv area in Lyndeborough (sorry for the sp).
The short answer is no,(but there is always those damn exceptions) they cannot stop a private landowner from allowing a trail or sleds on his property....or prevent adjoining private property owners from allowing same.
What they can do is petition a local selectmen's board or council to prevent snowmobiling on public properties and prevent or modify road crossings, public bridges, roadways, etc.
Also, they cannot use the local planning board to interfere with snowmobiling on private property.
To get a trail on town, city, state or federal land is another matter. In most cases permitting is required and a public hearing process is held.
In the case you are concerned about, the abutter cannot stop the trails on his neighbor's land nor require a setback from the line. He can raise issues about the public road crossing and inquire to the State or Town about any trail that may end up on those properties.
As long as the private property owner abides by state regulations in implementing the trail a local community cannot overide those regulations.
Give me a call Richard if you need any help dealing with our friend....I'll see you this Saturday either way!
See attached RSA:
TITLE XVIII
FISH AND GAME
CHAPTER 215-C
SNOWMOBILES
Section 215-C:31
215-C:31 Regulations of Political Subdivisions. –
I. With bylaws or ordinances city or town councils and boards of selectmen may regulate the operation of snowmobiles within city or town limits, providing they do not conflict with provisions of this chapter.
II. Speed limits for snowmobiles traveling on the frozen surface of Turtle Pond, also known as Turtle Town Pond, in the city of Concord shall not exceed 55 miles per hour.
III. Enforcement of paragraph II shall be the joint responsibility of the city of Concord and the state of New Hampshire.
IV. The local legislative body of a municipality shall not by ordinance or resolution authorize the planning board to review and approve or disapprove site plans for the development, siting, maintenance, or use of trails on private property for snowmobiles, as defined in RSA 215-C:1.
What they can do is petition a local selectmen's board or council to prevent snowmobiling on public properties and prevent or modify road crossings, public bridges, roadways, etc.
Also, they cannot use the local planning board to interfere with snowmobiling on private property.
To get a trail on town, city, state or federal land is another matter. In most cases permitting is required and a public hearing process is held.
In the case you are concerned about, the abutter cannot stop the trails on his neighbor's land nor require a setback from the line. He can raise issues about the public road crossing and inquire to the State or Town about any trail that may end up on those properties.
As long as the private property owner abides by state regulations in implementing the trail a local community cannot overide those regulations.
Give me a call Richard if you need any help dealing with our friend....I'll see you this Saturday either way!
See attached RSA:
TITLE XVIII
FISH AND GAME
CHAPTER 215-C
SNOWMOBILES
Section 215-C:31
215-C:31 Regulations of Political Subdivisions. –
I. With bylaws or ordinances city or town councils and boards of selectmen may regulate the operation of snowmobiles within city or town limits, providing they do not conflict with provisions of this chapter.
II. Speed limits for snowmobiles traveling on the frozen surface of Turtle Pond, also known as Turtle Town Pond, in the city of Concord shall not exceed 55 miles per hour.
III. Enforcement of paragraph II shall be the joint responsibility of the city of Concord and the state of New Hampshire.
IV. The local legislative body of a municipality shall not by ordinance or resolution authorize the planning board to review and approve or disapprove site plans for the development, siting, maintenance, or use of trails on private property for snowmobiles, as defined in RSA 215-C:1.
That piece of not using the local planning board to stop snowmibile trails is a direct result of the Lyndeboro case. Because Lyndeboro did try to regulate snowmobile trails under thier site plan regulations, the legislator put the kybosh to that idea, thankfully other wise the greenies would be petitioning all towns to amend site plan reg's to limit or prohibit all motorized vehicles from trail use.
QUOTE(SHORTFUSED900 @ Nov 29 2006, 04:35 PM) 
The short answer is no,(but there is always those damn exceptions) they cannot stop a private landowner from allowing a trail or sleds on his property....or prevent adjoining private property owners from allowing same.
What they can do is petition a local selectmen's board or council to prevent snowmobiling on public properties and prevent or modify road crossings, public bridges, roadways, etc.
Also, they cannot use the local planning board to interfere with snowmobiling on private property.
To get a trail on town, city, state or federal land is another matter. In most cases permitting is required and a public hearing process is held.
In the case you are concerned about, the abutter cannot stop the trails on his neighbor's land nor require a setback from the line. He can raise issues about the public road crossing and inquire to the State or Town about any trail that may end up on those properties.
As long as the private property owner abides by state regulations in implementing the trail a local community cannot overide those regulations.
Give me a call Richard if you need any help dealing with our friend....I'll see you this Saturday either way!
See attached RSA:
TITLE XVIII
FISH AND GAME
CHAPTER 215-C
SNOWMOBILES
Section 215-C:31
215-C:31 Regulations of Political Subdivisions. –
I. With bylaws or ordinances city or town councils and boards of selectmen may regulate the operation of snowmobiles within city or town limits, providing they do not conflict with provisions of this chapter.
II. Speed limits for snowmobiles traveling on the frozen surface of Turtle Pond, also known as Turtle Town Pond, in the city of Concord shall not exceed 55 miles per hour.
III. Enforcement of paragraph II shall be the joint responsibility of the city of Concord and the state of New Hampshire.
IV. The local legislative body of a municipality shall not by ordinance or resolution authorize the planning board to review and approve or disapprove site plans for the development, siting, maintenance, or use of trails on private property for snowmobiles, as defined in RSA 215-C:1.
What they can do is petition a local selectmen's board or council to prevent snowmobiling on public properties and prevent or modify road crossings, public bridges, roadways, etc.
Also, they cannot use the local planning board to interfere with snowmobiling on private property.
To get a trail on town, city, state or federal land is another matter. In most cases permitting is required and a public hearing process is held.
In the case you are concerned about, the abutter cannot stop the trails on his neighbor's land nor require a setback from the line. He can raise issues about the public road crossing and inquire to the State or Town about any trail that may end up on those properties.
As long as the private property owner abides by state regulations in implementing the trail a local community cannot overide those regulations.
Give me a call Richard if you need any help dealing with our friend....I'll see you this Saturday either way!
See attached RSA:
TITLE XVIII
FISH AND GAME
CHAPTER 215-C
SNOWMOBILES
Section 215-C:31
215-C:31 Regulations of Political Subdivisions. –
I. With bylaws or ordinances city or town councils and boards of selectmen may regulate the operation of snowmobiles within city or town limits, providing they do not conflict with provisions of this chapter.
II. Speed limits for snowmobiles traveling on the frozen surface of Turtle Pond, also known as Turtle Town Pond, in the city of Concord shall not exceed 55 miles per hour.
III. Enforcement of paragraph II shall be the joint responsibility of the city of Concord and the state of New Hampshire.
IV. The local legislative body of a municipality shall not by ordinance or resolution authorize the planning board to review and approve or disapprove site plans for the development, siting, maintenance, or use of trails on private property for snowmobiles, as defined in RSA 215-C:1.
Well put Mr. RSA! Gotta love when the laws side with you.
The nice thing is the town does not involve themselves with the roadcrossings as the state does. i.e. highway crossing permits, connector permits. When you are crossing from private to private property there isn't any precident for the town to try to regulate it. I would think that it would help having a trump card in hand with both sides of road owned by the same person. :banana:
I would think they have better things to do with their time. Another point is that the landowner permission is part of a State Landuse Agreement in regards to being a abutter to State Land. This agreement provides the general public with access to a State owned Natural Area/Forest/Park.
I would like to commend you OT on sticking up for the club and even more important the Landowner, who graciously wants to help the club. Keep up the good work!
^^^^What He Said^^^^ :div20: :div20: :fluffy: :fluffy:
Thanks.
QUOTE(oldtimer @ Nov 29 2006, 09:16 PM)
Thanks.
It's hard to tell if you mean it or not when your flipping the bird in your avatar...lol
That means "I love you!" up Maine way...
QUOTE(ckf @ Nov 29 2006, 09:23 PM)
It's hard to tell if you mean it or not when your flipping the bird in your avatar...lol
Thats what I was thinking, I read OT's post and then glance over at his avatar, and it's like ok.
If that means I love you then :bigfinger: I love you too.
The one thing that may allow your pain-in-the-ass friend to give you a problem is the ever more popular noise issues...the courts are giving more attention to noise pollution issues than ever before! The right to the quiet enjoyment of your home.
A southern NH snowmobile club, lost a trail because an abbutter to the land their trail was on was owned by a sharp lawyer, who played the excessive noise issue in court...and won! He stated his right to quiet enjoyment of his home was taken away by noisy snowmobiles at all hours of the day and night!
My advise to you is...if you can, make sure the trail is as far away from the pain in the ass as possible!
A southern NH snowmobile club, lost a trail because an abbutter to the land their trail was on was owned by a sharp lawyer, who played the excessive noise issue in court...and won! He stated his right to quiet enjoyment of his home was taken away by noisy snowmobiles at all hours of the day and night!
My advise to you is...if you can, make sure the trail is as far away from the pain in the ass as possible!
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