By KRIS PASTORIZA
In a letter dated 1/7/22, the Commissioner of the NH Department of Natural and Cultural Resources, declined a request from members of the public to schedule a meeting of the Nash Stream Citizens’ Committee, relevant agencies, and the public, to discuss the ATV problem in Nash Stream State Forest. Commissioner Stewart’s letter contains a number of misrepresentations and misunderstandings but its biggest disappointment is its failure to acknowledge the foundational promise that established Nash Stream Forest.
In the 1989 Nash Stream Forest Easement Deed the State of New Hampshire reserved the right to preserve and manage certain specific uses in the NSF. That Deed goes on to state, “Uses which are not expressly reserved by the State shall be prohibited by the State….” Nowhere in that Deed is there any mention of ATV, UTV or side by side motorized vehicle uses (hereinafter referred to as “ATV uses”). Such uses were not “expressly reserved.” They are, therefore, prohibited. There is no room for exceptions or interpretation.
In November of 1994 DRED published a widely-circulated brochure; “Overview of the Nash Stream Forest.” In the Overview, at page 2, DRED specifically said that ATVs and Trail Bikes were not allowed in the Nash Stream Forest. Period. The State violated the easement when it yielded to pressure from the ATV lobby and opened Nash Stream Forest to ATVs in 2002.
The attorneys at the Boston law firm of Ropes & Gray understood this without difficulty after reading the Easement language. They advised the State of NH of their legal opinion on this matter in their memorandum of 2020 in support of the previously expressed position of the Appalachian Mountain Club, The Nature Conservancy and the Society for the Protection of New Hampshire Forests, a position of which Commissioner Stewart is well aware.
Why has Commissioner Stewart accepted a position that so misinterprets the Easement and so radically erases the clear and unequivocal representations and promises made to the people of this State? Is she not concerned that many will no longer trust the State of New Hampshire to keep its promises? Is she not concerned that many will no longer trust the State to be a good steward and custodian of badly needed conservation easements?
It is time for Commissioner Stewart to answer these questions and others that have been called to her attention over the past months, rather than tell those seeking answers to attend the comment-only meeting of the Nash Stream Citizens’ Committee meeting this November, after another ATV season has wrecked yet another spring, summer and fall for those who wish to peacefully hike, fish, hunt and camp in Nash Stream Forest.
Commissioner Stewart must not crush good public policy by continuing to allow the Department of Natural and Cultural Resources to serve the whims of a minority of destructive recreationists. It is time for her to honor the Easement terms and to reverse the illegal decision that allows ATVs in the Nash Stream Forest.
Kris Pastoriza
Easton, N.H.