2jan02...2000h

04/16/02 3479s

2may02...3680cofc

2may02...3780eba

2002 SESSION

01-0704

08/10

HOUSE BILL 617

AN ACT relative to additional exceptions to junk yard regulation.

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill provides additional exceptions from junk yard regulation for non-commercial antique motor vehicle restoration.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2jan02...2000h

04/16/02 3479s

2may02...3680cofc

2may02...3780eba

01-0704

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to additional exceptions to junk yard regulation.

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

228:1 Motor Vehicle Recycling Yards and Junk Yards; Scope. Amend RSA 236:111-a, I to read as follows:

I. Except as provided by [paragraph] paragraphs II and III, the provisions of this subdivision shall apply to all junk yards, as defined by RSA 236:112, I, including those approved under RSA 149-M and those subject to regulation under RSA 236:90-110.

228:2 New Paragraph; Exceptions to Junkyard Regulations. Amend RSA 236:111-a by inserting after paragraph II the following new paragraph:

III. The provisions of this subdivision shall not apply to any noncommercial antique motor vehicle restoration activities involving antique motor vehicles over 25 years old, where the owner or lessee demonstrates that each of the following requirements are met:

(a) All antique motor vehicles kept on the premises are owned by the property owner or lessee; and

(b) All antique motor vehicles and parts of antique motor vehicles are kept out of view of the public and abutters by means of storage inside a permanent structure, or by suitable fencing which complies with the fencing requirements of RSA 236:123, or by trees or shrubbery sufficient to block visual access year round; and

(c) Any combination of antique motor vehicles or parts of antique motor vehicles that are not stored inside a permanent structure shall otherwise comply with the requirements of this section and shall not exceed a total amount of 5 vehicles. For purposes of this section, the sum of the parts of antique motor vehicles that equal in bulk to one antique motor vehicle shall be counted as one antique motor vehicle; and

(d) All mechanical repairs and modifications are performed out of view of the public and abutters; and

(e) Not more than one unregistered and uninspected motor vehicle that is not over 25 years old shall be kept on the premises; and

(f) The use of the premises is in compliance with all municipal land use ordinances and regulations.

228:3 Effective Date. This act shall take effect July 1, 2002 at 12:01 a.m.

(Approved: May 17, 2002)

(Effective Date: July 1, 2002 at 12:01 a.m.)