Commission plans further enforcement action after unmarked tree stand found on town land

The Merrimack Conservation Commission found an unmarked tree stand on Greater Woods property that appears to violate New Hampshire statute and discussed steps to compel its removal.

A commissioner reported that a notice was attached to the stand asking the owner to identify themselves through Community Development; no response was received. The commissioner cited the relevant New Hampshire RSA (identified in the meeting as RSA 263 and subsections) requiring identification and setting allowable dates for tree-stand placement; he said the statute allows stands between April 25 and June 1 and that unmarked stands are noncompliant.

The commission consulted informally with a New Hampshire Fish and Game sergeant, who, according to the commissioner, indicated the town could dismantle or confiscate an unlawful stand. Commissioners discussed options: waiting until the June 1 statutory deadline and then removing reachable ladder sections to prevent access; asking Fish and Game to remove it; or removing the entire stand and determining disposition of the materials.

Commissioners noted logistical issues: climbing to the stand would be difficult and potentially require equipment or personnel with experience; storing a dismantled stand in the commission's maintenance shed was not feasible. The commission agreed to contact the Fish and Game officer again to confirm authority and to proceed after June 1 if the owner does not remove the stand.

No immediate dismantling occurred at the meeting; staff will notify Fish and Game and move forward with removal once legal authority and logistics are confirmed.