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Protecting the Land and the Future of ATVs   -   Remember, nature's enemy is not outdoor recreation, but poor recreation management.
 
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NH ATV Club

NOHVCC

   
Thursday, February 24, 2005
ATV Trails Disputed
By Jodi Wolfe The Hooksett Banner Staff Writer

Once again Allenstown residents will head to the State House to protest proposed bills allowing all-terrain vehicle trails in Bear Brook State Park.

Last year, residents were upset about a bill that would construct all-terrain vehicle (ATV) trails in Bear Brook State Park, saying the town would not be able to monitor the trails adequately.

That bill went into interim study after a typographical error was made in the distance between an ATV trail and a wellhead.

Last year’s Senate Bill 349 stated that there would be a distance of 4,000 feet between the well heads and the ATV trails, but the Department of Resources and Economic Development (DRED) actually meant to say 400 feet.

Most of Senate Bill 349 reappeared as an amendment to Senate Bill 343, which was then voted down. That bill would have grandfathered the use of illegal trails all year round.

This year, Sen. Bob Flanders, R-Antrim, introduced Senate Bill 121, which calls for ATV trails to not pass within 400 feet of wells supplying public water and to take away local authority in approving site plans for offhighway recreational vehicles on private property.

A hearing with the Environment and Wildlife Committee was scheduled for Tuesday, Feb. 22, but was postponed. The next Senate session will not take place until the middle of March.

“It’s very important for the North Country,” Flanders said. “They want this thing. That’s where they make their money.”

An exception could not be made for Allenstown because Bear Brook is for public use, Flanders said.

“We set up rules and regulations for state parks then (the public) should be able to use them,” he said.

The bill benefits New Hampshire residents because there are many registered ATV riders and many ATV riders who visit New Hampshire with no designated place to ride their vehicles, said Flanders.

“It’s the same problem we had with snowmobilers 30 years ago,” he said.

Sen. Jack Barnes, RRaymond, who represents Allenstown, has been working with the town, which, unlike the city of Berlin, does not favor ATV trails in state parks, Barnes said.

“I think the folks in Allenstown should be listened to,” Barnes said. “I think they have legitimate concerns.”

Allenstown resident Armand Verville, who fought the plan last year, planned to testify, along with Allenstown selectmen, before the Senate Wildlife and Environment Committee. Verville is concerned about keeping wells safe because he lives on the edge of Bear Brook State Park, where two 12-inch water mains cross his property.

“My wife and I are the first to get water from Bear Brook, so we are very concerned,” he said.

The change in distance is not a problem, said Flanders.

“That problem is ridiculous because cars and trucks go closer to it just by being on the highway,” said Flanders.

When working on last year’s bill, it was reviewed by the Department of Environmental Services, he said.

“I’m sure if they have a problem with it, we’d be hearing about it,” he said.

While DES says 400 feet is a safe distance from the wells, Pembroke Water Works said it is not a safe distance, according to Norm Provencher. He is the business director for Pembroke Water Works, which supplies water to Allenstown and has two wells in Bear Brook State Park.

“Four hundred feet is not enough protection for the wells,” Provencher said.

The current figure of 4,000 feet from the wells may be too far away, he said. A good distance would be 1,000 feet.

One of the wells in Pembroke was closed because it was contaminated with MtBE, which could be from the cars driving along Route 3, Provencher said.

Another part of the bill would not allow local planning boards to make decisions about trails that would be on private property.

Those ATV owners would register with DRED, which would be sufficient, said Flanders.

Barnes disagreed.

“I happen to like home ruling,” Barnes said. “I like the town/cities to stand up and have a say if we want it or don’t want it.”

Taking away local control is not fair, said Verville.

“I think we need local control,” he said. “It’s our town, it’s our area.”

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