Can you tap maple trees on public land in New Hampshire?

On any property of the Department of Natural and Cultural Resources (the rules still say "DRED," the department's former name) "No person shall remove, damage, deface, disturb or alter any ... plant" (N.H. Code Admin. R. Res 7301.05). The commissioner "may make contracts for the leasing of privileges and concessions on state reservations, for periods not exceeding 5 years," with Governor and Executive Council approval for anything over three years or $2,500 a year (RSA 227-H:9) — that is the legal door a sugarbush lease would come through. We found no sugaring lease, license or permit program published by the Division of Forests and Lands, and no hobby option (not confirmed either way; the Governor and Council agendas that might list such leases were unreachable). Ask the Division of Forests and Lands in Concord.

The same Res 7301.05 rule covers state parks, which are run by the Division of Parks and Recreation within the same department: no removing, damaging or disturbing plants, with no exception for tapping. Fish and Game wildlife management areas were not checked.

The White Mountain National Forest's permits page covers personal-use firewood ($20 for two cords), $5 Christmas trees, mineral collecting and gold panning, and says nothing about maple sap or tapping. The default federal rule prohibits damaging or removing any tree or forest product unless the Forest Service authorizes it (36 CFR 261.6), so you'd need to ask a ranger district whether it issues forest-product or special-use permits for taps (not confirmed).

Forests in New Hampshire: White Mountain National Forest

Town, county and roadside trees

Town forests, conservation land and roadside trees need permission from the town (select board or conservation commission) or the abutting owner. New Hampshire's tree-damage statute protects "any tree ... which is on the land of another person" regardless of who that owner is. No statewide program for tapping town land was found (local programs were not surveyed).

Private land you don't own

You need the owner's or their agent's permission. New Hampshire's statute doesn't name tapping, but it says no one may negligently "cut, fell, destroy, injure, carry away" any tree, timber, wood or bark on another's land without permission, and a violator forfeits "no less than 3 and not more than 10 times the market value" of every tree injured (RSA 227-J:8, as amended effective January 1, 2022). Put any tapping arrangement in writing; UVM Extension's annotated sugarbush lease is the regional template.

Lease rates seen in the sources: No New Hampshire-specific survey was opened. UVM Extension's 2019 survey of 312 northeastern producers found the most common rent was $1.00–$1.24 per tap per year, then $0.50–$0.99 ("Maple Rental Rates," January 2020).