STONEHAM — The family and friends of a man killed in an ATV accident in July are hoping to retain a roadside memorial in the White Mountain National Forest after a ranger said it could not be placed there.

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M. Dirk Langeveld

M. Dirk Langeveld/Sun Journal

Misty Marston, her son Noah Marston, and Al Cummings show what a roadside memorial in Stoneham looked like before it was removed by a White Mountain National Forest ranger. The memorial was dedicated to James Mullen, Misty Marston's father, who died in an ATV accident at the site in July.

The memorial was in honor of James Mullen, a 51-year-old man who had returned from working in Florida to assist his mother. Al Cummings, a friend of Mullen's, said Mullen was collecting firewood for his mother on July 3 when he lost control of his three-wheel vehicle and crashed over an embankment on Hut Road.

Soon after Mullen's death, his family and friends set up a memorial at the crash site, which is within the national forest. It included a memorial tribute of artificial flowers spelling the word "Dad" tied to a tree with a ribbon, as well as an American flag, the headlamp of Mullen's ATV, a candle, and a quartz stone.

"Everything that was there was very sentimental to us," said Misty Marston, Mullen's daughter.

The materials are now kept in Cummings' home, located down the road from the accident site. Cummings said he met a forest ranger at the site on Saturday while walking his dogs. He found that the ranger had removed the memorial.

"It would be one thing if he'd asked first," Cummings said. "It was like going to the graveyard and seeing your mother's tombstone kicked over."

Cummings said he was unaware of any complaints about the memorial, and said he has tried to help the national forest by removing trash and other activities. Marston said she was upset that memorials are allowed along other roads but not in the forest.

"Just because he's 20 feet that way, he can't have that," she said.

Terry Miller, district ranger with the Saco Ranger District of the White Mountain National Forest, said that is not unusual for people to request putting a memorial or monument to a loved one in the forest.

"I've responded to many of these, and they're not easy to speak to," Miller said. "Sometimes they do it, and we find out about it, and our consistent policy for many years has been to have those removed or ask the family remove them."

Miller said the national forest maintains graves and cemeteries that were acquired with the property, but that special permits are required for any other private memorials. He said that while memorials were allowed in the early days of the forest, they were later barred after being deemed unsustainable.

"Over a 60-, 70-year period I'm sure we would have hundreds or thousands of them," he said.

Miller said the ranger felt part of the memorial could obstruct traffic on the narrow road.

"We try to deal with them sensitively as we happen upon each case," Miller said.

Marston said she has left some sand and a number of small shells at the site in recognition of Mullen's love of the beach, and also planted forget-me-nots. She said she aims to find out if there is any way to leave a memorial that would meet the forest's guidelines.

"I would be happy with just a simple wooden cross, or a plaque, or anything to remember him," Marston said.

mlangeveld@sunjournal.com