Chapter 216-D: Appalachian National Scenic Trail

It is declared to be the policy of the state of New Hampshire that the New Hampshire portion of the Appalachian National Scenic Trail be preserved in its natural character as proposed by Public Law 90-543, October 2, 1968.

The commissioner of the department of natural and cultural may acquire by purchase, gift, eminent domain or otherwise such land, including rights of way and easements for the purpose of protecting or enhancing scenic beauty, as he may deem necessary to establish, protect and develop a trail across the state between the Connecticut river and the Maine state line to be known as the Appalachian Trail, and he may provide shelters and other facilities thereon, provided however that the power of eminent domain shall not be utilized to acquire more than 25 acres in any mile of trail. Any department or agency of the state, or any political subdivision, district or authority may transfer to the department land or rights in land for said purposes on such terms and conditions as may be agreed upon, or may enter into an agreement with the commissioner providing for the establishment and protection of said trail. The Appalachian Trail shall be held, developed and administered under this chapter primarily as a footpath and the natural scenic beauty thereof shall be preserved insofar as is practicable, provided however that the commissioner may permit other uses of the trail and land acquired hereunder, by the owner of adjoining land or others, in such a manner and at such seasons as will not substantially interfere with the primary use of the trail. Nothing in this section shall be construed to limit the right of the public to pass over existing public roads which may be or become part of the trail, nor prevent the department from performing such work as is necessary for the purpose of forest fire prevention and control, insect pest and disease control and the removal of damage caused by natural disaster.

The commissioner may grant temporary or permanent rights of way across lands acquired under this chapter under such terms and conditions as he may deem advisable. The commissioner may enter into cooperative agreements with agencies of the federal government or with private organizations to provide for the maintenance of the trail. No person who has granted a right of way for said trail across his land, or his successor in title, shall be liable to any user of the trail for injuries suffered on said portion of the trail unless the same are caused by his willful or wanton misconduct.

The department of natural and cultural resources is hereby authorized to use any funds which may become available to carry out this chapter. Any available funds from the United States Land and Water Conservation Fund or other federal assistance programs may also be used to accomplish this purpose.