One or more of the following conditions shall exist in order to qualify for approval to exceed 50 percent basal area:

1. (a) Cutting up to and including 50 percent of the basal area of trees shall lead to substantial windthrow, mortality or other damage in the residual stand due to stand exposure, shallow or wet soils, stand age or species composition or a combination of these factors;
2. (b) Salvage of timber is due to damage from fire, insects, diseases, ice, snow, wind or other such natural occurrences;
3. (c) Public safety is of a prime consideration, due to heavy conifer cover on the south side of major travel routes causing serious icing conditions;
4. (d) The location of clearings for log yards and truck routes within applicable areas is necessary due to terrain, wet soils, property boundaries, and other site conditions;
5. (e) Cutting is for the purpose of improving wildlife habitat and can be demonstrated to be part of a long term forest management plan or strategy;
6. (f) Cutting is for the purpose of a silvicultural strategy or forest management plan for the regeneration of certain forest types requiring removal of overstory trees;
7. (g) Cutting is for the purpose of a scenic vista or view, providing the area remains in natural vegetation and the purpose is to provide a public benefit;
8. (h) Cutting is for the purpose of removing vegetation or trees within 150 of an existing dwelling or permanent structure or within 75 feet of the edge of an active agricultural field or crop land, so long as it does not violate the provisions of RSA 483-B; and
9. (i) Cutting is consistent with the purpose of RSA 227-J:1 as determined by the director.

Source. (See Revision Note at Chapter Heading Res 5200) #6207, eff 3-21-96, EXPIRED: 3-21-04 New. #8094, INTERIM, eff 6-4-04, EXPIRED: 12-1-04 New. #8441, eff 10-1-05; ss by #10547, eff 3-21-14