Ossipee Lake NaturalPublic Meeting

Department of Resources and Economic Development

May 5, 2007

Purpose of Meeting

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

Questions and Answers 4. Management Issues 5. Public comment 6. Break out Discussion Groups

OPTIONS – IMPLICATIONS - RESOURCES 7. Reconvene

Ossipee Lake Natural Area

State of New Hampshire

Dept. of Resources & Economic Development

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

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.

Forests and Lands Agency Mission

227-G:3 Duties and Authority of the Director of the Division of Forests and Lands. –

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.

       (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.

       (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.

         (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.

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.

Management of State Lands

“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 ManagementRSA 227:H-2

(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-CHISTORIC PRESERVATION

Preservation of State Historic Resources

    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.     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-ANEW HAMPSHIRE NATIVE PLANT PROTECTION

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.

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-ANEW 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.

CHAPTER 217-ANEW HAMPSHIRE NATIVE PLANT PROTECTION

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

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 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)

Specia

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Specia

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Tim

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20.0%

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DRED Fee Lands by Zones

Ossipee Lake Zones

Natural Preserve AreasNatural 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 AreasRecreation 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 AreasTimber 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

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

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.

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 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.

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

Functions

find,

track, and

facilitate the protection of New Hampshire's

rare plants and

exemplary natural communities

New Hampshire Natural Heritage Bureau

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).

What is an "exemplary natural community"?

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

Richer soil

Drier

Sandy

Some organic soil

Wave action

Water level

Typically underwater (shallow)

Location of Sandy Pond Shore System

Shrub Thicket

Hudsonia Beach strand

Twig-rush Pond Shore

Open Sandy Pond Shore

Aquatic Sandy Pond Shore

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')

What is a 'rare' species?

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 RiverOssipee 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 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

Ossipee@dred.state.nh.us