TITLE I
THE STATE AND ITS GOVERNMENT
CHAPTER 21-L
DEPARTMENT OF TRANSPORTATION
General Provisions
Section 21-L:1
21-L:1 Findings; Intent. –
I. The general court finds that the efficient administration of transportation functions is best achieved by the consolidation and unified direction of transportation procedures, programs, and related functions. The general court declares that the economic well-being and physical safety of the citizens of New Hampshire are best secured by establishing a single department responsible for transportation functions.
II. This act shall not be construed in any way to affect dedications of revenue provided for in the constitution or laws of the state, including the dedicated highway fund provided for by part II, article 6-a of the New Hampshire constitution.
Source. 1985, 402:1, eff. July 1, 1985. 1996, 23:1, eff. June 14, 1996.
Section 21-L:2
21-L:2 Establishment; General Functions. –
I. There is established the department of transportation, an agency of the state under the executive direction of a commissioner of transportation.
II. The department of transportation, through its officials, shall be responsible for the following general functions:
(a) Planning, developing, and maintaining a state transportation network which will provide for safe and convenient movement of people and goods throughout the state by means of a system of highways, railroads, air service, mass transit, and other practicable modes of transportation, in order to support state growth and economic development and promote the general welfare of the citizens of the state.
(b) Performing any regulation of transportation activities required by law which is not within the jurisdiction of another state agency.
Source. 1985, 402:1, eff. July 1, 1985. 2005, 291:10, eff. July 25, 2005.
Section 21-L:3
21-L:3 Commissioner; Directors; Compensation. –
I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve a term of 4 years. The commissioner shall be qualified to hold that position by reason of education and experience.
II. The commissioner shall nominate each division director for appointment by the governor, with the consent of the council. Division directors shall serve a term of 4 years. Directors shall be qualified to hold their respective positions by reason of education and experience.
III. The salary of the commissioner and each division director shall be as specified in RSA 94:1-a.
Source. 1985, 402:1, eff. July 1, 1985.
Section 21-L:4
21-L:4 Duties of Commissioner. –
In addition to the powers, duties, and functions otherwise vested by law in the commissioner of the department of transportation, he shall:
I. Represent the public interest in the administration of the functions of the department and be responsible to the governor, the general court, and the public for such administration.
II. Consult regularly with regional planning commissions established pursuant to RSA 36:45-53 with regard to department planning activities.
III. Provide for a support unit within his office which shall include the function of monitoring projects and conducting audits of department activities to insure compliance with state and federal contracts, laws, and program objectives.
IV. Require the director of the division of finance, in consultation with the commissioner of administrative services and the state treasurer, to provide for a system of accounts and reports which will insure the integrity and lawful use of all revenues collected by the department, the use of which is restricted by state or federal law.
V. Adopt rules, under RSA 541-A, necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
VI. Approve rates for and regulate every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court, except municipal corporations operating within their corporate limits, owning or operating any toll bridge or toll road.
Source. 1985, 402:1. 1986, 136:2, eff. May 27, 1986. 2007, 263:82, eff. July 1, 2007.
Section 21-L:4-a
21-L:4-a Reports, Manuals, and Other Publications; Reimbursement Fees. –
The commissioner of transportation is authorized to prepare, publish, and distribute reports, manuals, plans, specifications, charts, surveys, or other documents consistent with the responsibilities of the department. The commissioner may charge fees to reimburse the department for costs incurred in copying such documents, and for applicable mailing costs. The commissioner shall publish a schedule of reimbursement fees to be approved by the fiscal committee of the general court. The schedule of reimbursement fees may be updated on a bi-annual basis.
Source. 2008, 77:1, eff. July 20, 2008.
Section 21-L:5
21-L:5 Assistant Commissioner. –
I. The commissioner of transportation shall nominate an assistant commissioner for appointment by the governor, with the consent of the council. The assistant commissioner shall serve a term of 4 years. The assistant commissioner shall be a registered professional engineer and shall be otherwise qualified to hold that position by reason of education and experience. The assistant commissioner shall also be known as the chief engineer of the department.
II. The assistant commissioner shall perform such duties as are assigned by the commissioner. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties.
III. The salary of the assistant commissioner shall be as specified in RSA 94:1-a.
Source. 1985, 402:1, eff. July 1, 1985.
Section 21-L:5-a
21-L:5-a Deputy Commissioner. –
I. The commissioner of transportation shall nominate a deputy commissioner for appointment by the governor, with the consent of the council. The deputy commissioner shall serve a term of 4 years. The deputy commissioner shall be qualified to hold that position by reason of education and experience.
II. The deputy commissioner shall perform such duties as are assigned by the commissioner or assistant commissioner and, in accordance with applicable laws, shall be responsible for the following functions:
(a) Long and short range department level planning in areas of strategic, financial, and human capital programs.
(b) Policies, practices, and procedures to ensure compliance with laws and high standards of continuous quality improvement.
(c) Evaluations and audits of financial, human capital, environmental, and safety practices and internal audits.
(d) Policy development.
(e) Adjudicative hearings procedures.
(f) Public information.
(g) Liaison with the department of information technology.
III. The position shall be unclassified, and the salary of the deputy commissioner shall be as specified in RSA 94:1-a.
Source. 2007, 263:80, eff. July 1, 2007. 2008, 335:5, eff. Sept. 5, 2008.
Section 21-L:5-b
21-L:5-b Director of Policy and Administration. –
I. There is established within the department a position of an unclassified director of policy and administration. The commissioner of transportation shall nominate a director of policy and administration for appointment by the governor, with consent of the council. The director shall serve a term of 4 years. The director shall be qualified to hold that position by reason of education and experience.
II. The director shall perform such duties as are assigned by the commissioner or deputy commissioner and, in accordance with applicable laws, shall administer the following:
(a) Bureau of human resources.
(b) Office of stewardship and compliance.
(c) Office of federal compliance.
(d) Office of hearings and legislation.
(e) Office of public information.
(f) Executive office administrative support.
III. The position of the director of policy and administration shall be unclassified. The salary of the director shall be determined after assessment and review of the appropriate temporary letter grade allocation for the position for inclusion in RSA 94:1-a, I(b), which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.
Source. 2009, 144:73, eff. July 1, 2009.
Internal Organization
Section 21-L:6
21-L:6 Division of Finance. –
There is established within the department the division of finance, under the supervision of an unclassified director of finance, who shall, in accordance with applicable laws, be responsible for the following functions:
I. Financial management systems.
II. Bonding activities, including Garvee and turnpike bonds.
III. Budget control.
IV. Accounts payable and receivable systems.
V. Federal billing.
VI. Purchasing.
VII. Contracts and grants management.
VIII. Control of department inventory.
IX. Department printing.
Source. 1985, 402:1, eff. July 1, 1985. 2005, 291:11, eff. July 25, 2005. 2007, 263:81, eff. July 1, 2007.
Section 21-L:7
21-L:7 Division of Aeronautics, Rail, and Transit. –
There is established within the department the division of aeronautics, rail, and transit, under the supervision of an unclassified director of aeronautics, rail, and transit, who shall be responsible for the following functions:
I. Locating, constructing, and maintaining all air navigation facilities within the state which are built or maintained either in whole or in part with state funds.
II. Coordinating agencies and persons participating in aircraft search and rescue missions within the state.
III. Assisting state and federal officials in the investigation of civil aircraft accidents and civil aircraft incidents within the state.
IV. Otherwise administering the provisions of RSA title XXXIX, relative to aeronautics.
V. Assisting municipalities and others in planning, acquiring, developing, constructing, maintaining, operating, and improving safety at facilities included in the state airways system.
VI. [Repealed.]
VII. Planning, designing, and facilitating construction, and servicing rail and transit facilities including but not limited to pedestrian, bicycle, transit, rideshare, and railroad modes.
Source. 1985, 402:1. 1987, 64:1, eff. Apr. 29, 1987. 1997, 107:2, eff. Aug. 8, 1997. 2002, 6:3, eff. July 1, 2002. 2004, 257:28, 29, eff. July 1, 2004.
Section 21-L:8
21-L:8 Aviation Users Advisory Board. –
I. There shall be an aviation users advisory board consisting of 7 members. All members, except the members set forth in subparagraphs (c), (d), and (g), shall hold a valid pilot's certificate at the time of appointment. The members shall be appointed by the governor, with the consent of the council, and shall include the following:
(a) One member representing an airline.
(b) One member representing corporate aviation.
(c) One member who shall be an airport manager.
(d) One member who shall be a member of an airport authority or of the governing body of a municipality maintaining a municipal airport.
(e) One member representing general aviation who shall be chosen from a list of at least 4 and not more than 6 names submitted to the governor by the Aviation Association of New Hampshire.
(f) One member representing general aviation.
(g) The commissioner, or designee, who shall serve as an ex officio voting member of the board.
II. Except for the commissioner, or designee, board members shall serve for a term of 4 years. Board members shall not serve more than 2 consecutive terms. The board shall annually elect from among its members a chairman.
III. Board members shall serve without compensation, except that they shall receive reimbursement for their reasonable and necessary expenses in the performance of their duties. This reimbursement shall be a charge against the appropriation for the division of aeronautics, rail, and transit.
IV. The board shall meet at least 4 times per year at a time and place to be fixed by the chairman, either upon his own motion or at the request of 3 or more board members.
V. The aviation users advisory board shall regularly advise the director of the division of aeronautics, rails, and transit on all matters relative to the operation of the division. The director shall consult the board on all matters relative to the operation of airports and licensing of pilots and other aviation personnel.
VI. The aviation users advisory board shall act as the board of appeal for aeronautical matters. Appeals from the decisions of the director of aeronautics, rail, and transit may be taken to the commissioner. Decisions of the commissioner may be appealed to the board, and such appeal shall be a condition precedent to any appeal to any court, contrary provisions of RSA 541-A notwithstanding. The board shall adopt rules of procedure for its appeals process.
Source. 1985, 402:1, eff. July 1, 1985. 1997, 144:1, 2, eff. Aug. 8, 1997. 2003, 146:4, eff. June 17, 2003. 2004, 257:30, 31, eff. July 1, 2004.
Section 21-L:9
21-L:9 Division of Project Development. –
There is established within the department the division of project development, under the supervision of an unclassified director of project development, who shall be a registered professional engineer and shall be responsible for the following functions, in accordance with applicable laws:
I. Transportation engineering, including planning and design for state highway, rail, and other forms of transportation, as required to coordinate the state's transportation system.
II. Materials research and testing.
III. Acquisition of all real property rights necessary to carry out department responsibilities.
IV. Field supervision of all transportation construction for which the department is responsible, except air navigation facilities.
Source. 1985, 402:1, eff. July 1, 1985. 2005, 291:12, eff. July 25, 2005.
Section 21-L:10
21-L:10 Division of Operations. –
There is established within the department the division of operations, under the supervision of an unclassified director of operations, who shall be a registered professional engineer and shall be responsible for the following functions, in accordance with applicable law:
I. Maintenance and supervision of the state transportation network.
II. Maintenance of department equipment.
III. Issuing of all permits, registrations, and licenses for which the department is responsible with the exception of those issued by the division of aeronautics, rail, and transit.
Source. 1985, 402:1, eff. July 1, 1985. 2005, 291:13, eff. July 25, 2005.
Section 21-L:11
21-L:11 Division of Public Works. –
[Repealed 2005, 291:27, I, eff. July 25, 2005.]
Section 21-L:12
21-L:12 Required Rulemaking. –
The commissioner of transportation shall adopt rules, under RSA 541-A, relative to:
I. Bidding for transportation projects that do not relate to public works projects handled by the department of administrative services, as authorized by RSA 228:4, I and 228:4-a.
II. Issuing securities for certain carriers, as authorized by RSA 228:76-92, in the event that federal responsibility in this area is repealed.
III-V. [Repealed.]
VI. Application procedures and approval criteria for state bridge aid, as authorized by RSA 234:5.
VII. Application procedures for state aid for class II highway construction, as authorized by RSA 235:14.
VIII-X. [Repealed.]
XI. Application procedures for advertising licenses, as authorized by RSA 236:71.
XII. Application procedures for advertising permits, as authorized by RSA 236:72.
XIII. Removing nonconforming signs, as authorized by RSA 236:77.
XIV. Denial or revocation of an advertising license, as authorized by RSA 236:78.
XV. Effective control of junk yards as authorized by RSA 236:92-110.
XVI. Application procedures and approval criteria for access route permits, as authorized by RSA 265:108.
XVII. Application procedures and approval criteria for special permits to move over-dimensional or overweight loads, as authorized by RSA 266:24.
XVIII-XXIV. [Repealed.]
XXV. Procedures for notification and investigation of railroad accidents, as authorized by RSA 367:56, in the event that federal responsibility in this area is repealed.
XXVI-XXVIII. [Repealed.]
XXIX-XXXIV. [Repealed.]
XXXV. [Repealed.]
XXXVI. [Repealed.]
XXXVII. [Repealed].
XXXVIII. [Repealed.]
XXXIX. Application and approval criteria for tall structure permits, as authorized by RSA 422-B.
XL. Notice and hearing procedures for air navigation hazards, as authorized by RSA 422-B:9-10.
XLI. [Repealed.]
XLII. Preparation of airport-approach plans, as authorized by RSA 424:3-4.
XLIII. Airport zoning, as authorized by RSA 424:5.
XLIV. Any interpretations of federal highway regulations necessary to implement federal requirements in the state.
XLV. [Repealed.]
XLVI. Application procedures and approved criteria for real estate professionals for sales of surplus commercial and industrial property under RSA 228:31-b.
XLVII. ""RV friendly'' markers as authorized by RSA 236:73-a.
Source. 1985, 402:1. 1986, 136:3. 1988, 288:28, I, II. 1989, 9:2; 147:2, I-III. 1990, 229:15, eff. Jan. 1, 1991. 1996, 227:4, I-X, XII, eff. June 10, 1996. 1997, 290:2-4, eff. Aug. 19, 1997. 2000, 105:8, eff. July 7, 2000. 2002, 6:4, I-VII, eff. July 1, 2002. 2003, 88:1, II, III, eff. July 29, 2003. 2005, 212:3, eff. Aug. 30, 2005; 291:14, eff. July 25, 2005. 2007, 87:2, eff. Aug. 10, 2007.
Section 21-L:12-a
21-L:12-a Optional Rulemaking. –
The commissioner of transportation may adopt rules, under RSA 541-A, relative to:
I. Establishing standards for private water supplies affected by highway construction or reconstruction, as authorized by RSA 228:34.
II. Using bicycle routes, as authorized by RSA 230:75, IV.
III. Supervision of trees and vegetation adjoining certain highways, as authorized by RSA 231:155.
IV. Restoration of highways and bond requirements, as authorized by RSA 236:10.
V. Permits for moving special objects, as authorized by RSA 266:24.
VI. Filing railroad maps or profiles, as authorized by RSA 367:44, IV.
VII. The maximum occupancy time of a grade crossing, as authorized by RSA 373:16.
VIII. [Repealed.]
IX. [Repealed.]
X. Establishing rates, fares, charges and classifications of joint service, as authorized by RSA 379:1, II.
XI. Terms and conditions of joint use by railroads as authorized by RSA 379:13.
XII. [Repealed.]
XIII. Procedures for the creation of highway planning corridors, and procedures and criteria for administering corridor permits and the acquisition of corridor protection restrictions, as authorized by RSA 230-A.
XIV. The operation of the turnpike system as authorized by RSA 237:5.
XV. Non-police escort vehicles for the transport of manufactured housing or modular buildings as authorized by RSA 266:10, II.
XVI. Establishing specific pre-approved routes for the transport of manufactured housing or modular building as authorized by RSA 266.
XVII. Establishing criteria to determine the need for police escort vehicles for the transport of manufactured housing or modular buildings as authorized by RSA 266. In determining such criteria, the commissioner shall consider the anticipated road, traffic, and weather conditions that indicate that the safety of the public will be increased or the likelihood of damage to roadside objects will be reduced by providing a police escort.
Source. 1986, 136:4. 1988, 288:28, III. 1991, 309:3, eff. Jan. 1, 1992. 1996, 95:2, eff. July 14, 1996. 2002, 6:4, VIII, eff. July 1, 2002. 2004, 182:4, eff. July 31, 2004.
Section 21-L:12-b
21-L:12-b Bridge and Highway Construction Requirements for State Bridge Aid and State Highway Aid Projects. –
I. Except as provided in paragraph III, the most current versions of the following design standards and manuals promulgated by the American Association of State Highway and Transportation Officials (AASHTO), inclusive of any amendments, revisions, interim revisions, or new editions promulgated by AASHTO are hereby adopted by reference, and the commissioner shall apply them to any project funded by state bridge aid or state highway aid as minimum standards in the state:
(a) AASHTO load and resistance factor design for bridge design specifications;
(b) AASHTO manual for condition evaluation of bridges;
(c) AASHTO guide specifications for seismic isolation design;
(d) AASHTO manual for condition evaluation and load resistance factor rating (LRFR) of highway bridges;
(e) AASHTO standard specifications for structural supports for highway signs, luminaries, and traffic signals;
(f) AASHTO policy on geometric design of highways and streets; and
(g) AASHTO roadside design guide.
II. At least 90 days prior to the adoption of any design standards or manuals under paragraph I the commissioner:
(a) Shall publish notice of such standards or manuals in a statewide newspaper and at least one newspaper of general circulation in each county of the state.
(b) Shall provide written notice of such standards or manuals to the associated general contractors of New Hampshire and other contractors with whom the department is doing business.
(c) May, in appropriate situations, hold a public hearing.
III. For modifications to an existing bridge, the commissioner may require load resistance factor design (LRFD) specifications from the most current version of the applicable AASHTO manual listed in paragraph I or the specifications that were used for the original design of the bridge.
Source. 2007, 60:1, eff. July 31, 2007.
Appeals
Section 21-L:13
21-L:13 Definition. –
For purposes of this subdivision, ""department decision'' means the final action on an application, petition, or request taken by the commissioner or any department official to whom the commissioner has properly delegated the authority to take such final action. ""Department decision'' does not mean rulemaking or an agency declaratory ruling as provided for in RSA 541-A.
Source. 1985, 402:1, eff. July 1, 1985.
Section 21-L:14
21-L:14 Appeals Board; Composition; Compensation; Removal. –
I. There is established an appeals board consisting of 3 members. One member shall be a registered professional engineer, one member shall be a person admitted to the practice of law in this state, and one member shall be a person skilled in the field of public works and construction who shall represent the general public. There shall be 2 alternate board members, who shall meet at least one of the qualification categories set forth for board members. Each board member and alternate board member shall be appointed by the governor with the consent of the council to a term of 3 years, provided that of the initial members appointed under this section one member shall be appointed to a term of one year, one member to a term of 2 years, and one member to a term of 3 years. Vacancies shall be filled in a like manner for the unexpired term. The governor shall designate one member to serve as board chairman, and the board shall elect one member to serve as vice-chairman. In the event of illness or disqualification of a member as set forth in RSA 673:14, the chairman shall designate an alternate member to act in his place.
II. Members of the board shall each receive a per diem, set by the governor and council out of any available funds of the department, for each day devoted to the work of the board and shall be reimbursed for necessary travel expenses.
III. Members of the board shall be removed only as set forth in RSA 4:1.
Source. 1985, 402:1, eff. July 1, 1985.
Section 21-L:15
21-L:15 Powers and Duties. –
I. The board shall hear and decide appeals from decisions of the commissioner relative to contract interpretation or other decisions affecting persons not employed by the department, municipalities, or private property, except condemnations of property for public uses, and the assessment of damages therefor. Decisions of division directors shall be appealed to the commissioner. Decisions of the commissioner may be appealed to the appeals board, except decisions relative to aeronautical matters, which may be appealed to the aviation users advisory board established under RSA 21-L:8, and decisions relative to common carriers by rail, which may be appealed to the railroad appeals board established under RSA 21-L:16. The board shall also hear appeals from the department of administrative services relating to such matters involving public works design and construction as have been delegated to the department of administrative services or as were administered prior to July 1, 2005 by the division of public works, department of transportation.
II. Decisions by the appeals board under paragraph I shall be made within a reasonable time. An appeal to the board shall be a condition precedent to any appeal to any court.
III. The board shall hear and decide applications made under the provisions of RSA 155-E:2, IV(c).
IV. The board shall adopt rules of procedure for its appeals process under RSA 541-A.
Source. 1985, 402:1. 1989, 363:17. 1995, 226:7, eff. Aug. 13, 1995. 2005, 291:15, eff. July 25, 2005. 2006, 324:16, eff. Jan. 1, 2007.
Section 21-L:16
21-L:16 Railroad Appeals Board; Composition; Compensation; Removal; Powers and Duties. –
I. There is established a railroad appeals board of 3 members which shall hear all appeals of decisions of the commissioner relative to common carriers by rail. One member shall be a recognized expert on railroad matters, one member shall be admitted to the practice of law in this state, and one member shall be a person knowledgeable about railroad matters who shall represent the general public. There shall also be 2 alternate board members who shall be similarly qualified. Each board member and alternate board member shall be appointed by the governor with the consent of the council to a term of 3 years, except that of the initial appointments under this section one member shall be appointed to a term of one year, one member to a term of 2 years, and one member to a term of 3 years. Vacancies shall be filled in a like manner for the unexpired term. The governor shall designate one member to serve as board chairman, and the board shall elect a member to serve as vice-chairman. In the event of illness or disqualification of a member as set forth in RSA 673:14, the chairman shall designate one of the alternate board members to act in the absent member's place.
II. Members shall be paid a per diem set by the governor and council out of any available department funds for each day devoted to the work of the board and shall be reimbursed for necessary travel and expenses.
III. Members of the board shall be removed only as provided in RSA 4:1.
IV. The board shall hear and decide appeals from any decision of the commissioner relating to any matters concerning common carriers by rail.
V. The board shall adopt rules of procedure for its appeals process under RSA 541-A.
Source. 1985, 402:1. 1995, 226:8, eff. Aug. 13, 1995.
Section 21-L:17
21-L:17 Administrative Support. –
The commissioner shall provide all necessary and reasonable clerical support requested by the appeals board. At a minimum the commissioner shall:
I. Provide all necessary clerical and support personnel and services in order to:
(a) Prepare notices and other documents required under RSA 541-A as directed by the appeals board and distribute such notices and documents upon the approval of the appeals board;
(b) Schedule the conduct of all appeals board proceedings, with the approval of the appeals board, so as to insure timely and efficient conduct of such proceedings;
(c) Prepare and maintain the record, required by RSA 541-A, of all adjudicative proceedings conducted by the appeals board.
II. Provide comfortable and adequate space for the use of the appeals board in performing its official duties.
III. Prepare, maintain as a public record, and continuously update a document which shall summarize the findings and decisions of the appeals board.
Source. 1985, 402:1, eff. July 1, 1985.
Section 21-L:18
21-L:18 Status as Rehearing. –
An appeal under this subdivision shall be considered a rehearing for purposes of RSA 541 and any other provision of law requiring a rehearing in the department prior to taking an appeal to any court.
Source. 1985, 402:1, eff. July 1, 1985.