New Hampshire Revised Statutes 227-C:12 – Exemptions and Limitations
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I. Notwithstanding any provision of this subdivision to the contrary, any person who, prior to the effective date of this subdivision, has acquired historic resources from state lands or waters, which include items commonly known as antiques, may continue to possess or market such items as antiques.
II. Treasure hunting with metal detectors and dowsing rods is exempted from the restrictions of this subdivision on the following lands owned or controlled by the state, its agencies, departments, commissions, and institutions, unless an historic resource on such land has been recorded and restrictions are posted:
(a) Beaches;
(b) Athletic fields;
(c) School grounds;
(d) Perimeters of cemeteries;
(e) Unpaved roads;
(f) Within 25 feet of picnic tables and park pavilions; and
(g) Currently used dumps.
III. No power is conferred by this subdivision upon any official, commission, or other agency of state or local government to close any body of water or portion thereof, or access thereto, on a temporary or permanent basis, to recreational diving, recreational or commercial fishing, scallop dragging, recreational or commercial boating, or lobstering.
IV. Paper documents; photographic positives and negatives; microforms, including microfilms, microfiche, microcard, and microprint; and reel to reel, cassette, or cartridge tape recordings and magnetic tapes of information storage which qualify as historic resources under N.H. Rev. Stat. § 227-C:1, VII, other than documentation of a field investigation, are exempt from the provisions of RSA 227-C. The responsibility to preserve, arrange, index, and allow access to these historic resources shall remain with the department of state, division of archives and records management.
II. Treasure hunting with metal detectors and dowsing rods is exempted from the restrictions of this subdivision on the following lands owned or controlled by the state, its agencies, departments, commissions, and institutions, unless an historic resource on such land has been recorded and restrictions are posted:
Terms Used In New Hampshire Revised Statutes 227-C:12
- Department: means the department of natural and cultural resources. See New Hampshire Revised Statutes 227-C:1
- Field investigation: means the search for, identification of, and evaluation of historic resources, and the study of the traces of human culture at any land or underwater historic property, by means of inspection, surveying, digging, excavating, or removing surface or subsurface objects, or going onto a site with that intent. See New Hampshire Revised Statutes 227-C:1
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Historic resource: means :
(a) Any historic property which has been listed in the New Hampshire state register of historic places or has been determined eligible for the New Hampshire state register of historic places by the division of historical resources or which has been listed in the National Register of Historic Places or has been determined by the keeper of the register to be eligible for the National Register using the criteria for evaluation in 36 C. See New Hampshire Revised Statutes 227-C:1 - person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) Beaches;
(b) Athletic fields;
(c) School grounds;
(d) Perimeters of cemeteries;
(e) Unpaved roads;
(f) Within 25 feet of picnic tables and park pavilions; and
(g) Currently used dumps.
III. No power is conferred by this subdivision upon any official, commission, or other agency of state or local government to close any body of water or portion thereof, or access thereto, on a temporary or permanent basis, to recreational diving, recreational or commercial fishing, scallop dragging, recreational or commercial boating, or lobstering.
IV. Paper documents; photographic positives and negatives; microforms, including microfilms, microfiche, microcard, and microprint; and reel to reel, cassette, or cartridge tape recordings and magnetic tapes of information storage which qualify as historic resources under N.H. Rev. Stat. § 227-C:1, VII, other than documentation of a field investigation, are exempt from the provisions of RSA 227-C. The responsibility to preserve, arrange, index, and allow access to these historic resources shall remain with the department of state, division of archives and records management.