hb 0653

CHAPTER 200

HB 653-FN - FINAL VERSION

AN ACT relative to certain signs within highway rights-of-way.

SPONSORS: Rep. Kurk, Hills 5; Rep. Hopper, Hills 5; Rep. Teschner, Graf 5; Rep. Packard, Rock 29; Rep. Avery, Ches 8; Sen. Eaton, Dist 10; Sen. Flanders, Dist 7; Sen. Gordon, Dist 2

This bill permits business owners to place location/direction signs within a highway right-of-way within certain guidelines.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to certain signs within highway rights-of-way.

Be it Enacted by the Senate and House of Representatives in General Court convened:

236:88 Advertising Devices Within Highway Rights-of-Way. Except as provided in RSA 236:88-a, any advertising device so located as to be within the right-of-way of any interstate, federal aid primary, federal aid secondary, or turnpike highway shall be deemed to be illegally located. Removal and disposal of said device shall be effected after 10 days' written notice to the owner of said device, provided the identity and mailing address of the owner are displayed on the device, by the department of transportation.

200:3 New Section; Location/Direction Signs for Businesses Within Highway Rights-of-Way. Amend RSA 236 by inserting after section 88 the following new section:

I. Notwithstanding RSA 236:88 or any other provision of law to the contrary, a business owner whose property abuts upon and has legal driveway access to the right-of-way of any class I, class II, or class III highway may, upon obtaining the approval of the department, place a sign within the adjacent right-of-way of his or her business being conducted at that location. The placement of such sign shall be in accordance with the Roadside Design Guide published by the American Association of State Highway and Transportation Officials (AASHTO).

II. Any such sign shall comply with all local municipal rules, regulations, and other requirements.

(d) Meet reasonable size, style, and lighting standards consistent with the state of development and commercial activity in the area.

(e) Be removed if the business activity is no longer conducted at that location.

IV. The cost of construction, installation, maintenance, disposal, moving, and removing of such sign shall be at the expense of the business owner.

V. A sign placed in accordance with this section shall not be construed to give its owner any property or other rights in its location, and if the state changes or widens the highway, or redesigns its maintenance practices, the business owner shall move or remove the sign, as the department may determine necessary.

VI. The department shall be authorized to remove any sign if it determines that the provisions of this section have not been met; provided that 30 days' notice shall be given to the owner of the sign unless the sign constitutes a safety hazard.

VII. Notwithstanding any law or rule to the contrary, a municipality may place a sign within the right-of-way of any class I, class II, or class III highway if such sign meets the requirements of this section and with the approval of the department of transportation and the governing body of the municipality.

VIII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the administration of this section.