TITLE XX
TRANSPORTATION

CHAPTER 236
HIGHWAY REGULATION, PROTECTION AND CONTROL REGULATIONS

Section 236:1

    236:1 Regulation. –
I. The commissioner may regulate the use of class I, class II, and class III highways in towns or cities without compact sections and in other towns and cities outside the compact portion thereof as determined by him, including the use of rights-of-way.
II. The commissioner may establish stop intersections, erect stop signs, yield right-of-way signs, or other traffic devices or signals thereon or upon any way entering thereon.

Source. 1921, 32:1. PL 91:5. 1935, 117:1. RL 107:7. 1945, 188:1, part 19:1. RSA 249:5. 1955, 178:1; 333:4. 1957, 181:5. 1973, 418:5. 1975, 249:5. 1977, 75:1. 1981, 87:1; 443:5. 1985, 235:6; 305:1, 3. 1986, 136:5, eff. May 27, 1986.

Section 236:2

    236:2 Control Regulations Filed. – Regulations controlling traffic by such stop signs, devices, or signals shall be filed with the department of transportation and shall be open to public inspection.

Source. 1921, 32:1. PL 91:6. 1935, 117:1. 1937, 25:1. 1941, 42:1. RL 107:8. 1945, 188:1, part 19:2. RSA 249:6. 1977, 75:2. 1981, 87:1. 1985, 402:6, I(a)(7). 2008, 141:1, eff. Aug. 5, 2008.

Section 236:3

    236:3 Other Regulations. – Other regulations, seasonal or otherwise, shall be posted on every such highway affected thereby.

Source. 1937, 25:2. RL 107:9. 1945, 188:1, part 19:3. RSA 249:7. 1981, 87:1, eff. April 20, 1981.

Section 236:3-a

    236:3-a Exclusion From Seasonal Highway Weight Limit for Certain Vehicles. –
Notwithstanding any provision of law or rule to the contrary, the following vehicles shall be excluded from the seasonal highway weight limit regulations with the approval of the district engineer, department of transportation:
I. Heating fuel delivery vehicles.
II. Trucks delivering processed milk products.
III. [Repealed.]
IV. Trucks carrying sap for maple syrup production.
V. Septic pumper trucks and accompanying supply trucks.

Source. 1998, 306:6, eff. Aug. 25, 1998. 2010, 126:1, eff. Jan. 1, 2011; 126:2, eff. Jan. 1, 2013. 2015, 61:1, eff. Jan. 1, 2016. 2016, 124:1, eff. July 19, 2016.

Section 236:4

    236:4 Penalty and Liability. – Any person violating the provisions of such posted regulations shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Any person shall be liable for all damage occasioned thereby.

Source. 1921, 32:1; 61:1. PL 91:7. 1935, 117:1. RL 107:10. 1945, 188:1, part 19:4. RSA 249:8. 1973, 530:24. 1981, 87:1, eff. April 20, 1981.

Section 236:5

    236:5 Stop Signs and Signals; Presumption of Legality. – Every stop sign, traffic device, or traffic signal erected on any public highway shall be deemed lawfully erected and maintained and to conform to standards set by the commissioner of transportation and approved by him as to type, size, installation and method of operation, until the contrary is proven, in all cases, civil or criminal.

Source. 1945, 188:1, part 19:5. RSA 249:9. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:6

    236:6 When Not Erected by Officials; Penalty. – If any person, except a public officer or official or a person acting under his direction or order, erects on any public highway a stop sign, traffic device, or traffic signal, he shall be guilty of a misdemeanor.

Source. 1945, 188:1, part 19:6. RSA 249:10. 1973, 528:130. 1981, 87:1, eff. April 20, 1981.

Section 236:7

    236:7 Establishment of Speed Zones. – Whenever the commissioner of transportation shall determine upon the basis of an engineering and traffic investigation, or in the event of vehicle or weather emergencies, that any prima facie speed limit set forth in RSA 265:60 is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of a class I, class II or class III highway, outside the compact part of cities or towns, said commissioner may determine and declare a reasonable and safe prima facie speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of said highway. Such signs may carry either a fixed speed limit legend or a changeable message so designed as to permit display of different speed limits at various times of the day or night. Such a prima facie speed limit may be declared to be effective at all times or at such times as are indicated upon said signs. The commissioner shall keep and maintain a full and complete record of all speed zones established by him and all alterations, amendments or removal thereof.

Source. 1949, 286:3. 1950, 5:1, part 9:1, par. 2. RSA 249:11. 1981, 87:1. 1985, 402:6, I(b)(7). 1999, 73:3, eff. July 27, 1999.

Section 236:8

    236:8 Damaging Guard Rails or Highway Signs; Penalty. – Any person who willfully removes, injures, defaces or damages any guard rail, guide board, sign, post, marker, or the letters or figures thereon, or any traffic device or traffic signal, or any design, marking or wording used to designate a highway route or painted on the highway to control traffic, erected, painted or maintained by the state or a city or town, on any public highway, or any snow fence on any such highway or land adjacent thereto, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. 1917, 91:1, 2. PL 91:8, 9. RL 107:11, 12. 1945, 188:1, part 19:7. RSA 249:12. 1973, 530:25. 1981, 87:1, eff. April 20, 1981.

Excavations and Driveways

Section 236:9

    236:9 Excavation; Permit; Emergency. – It shall be unlawful to excavate or disturb the shoulders, ditches, embankments or the surface improved for travel of any class I or class III highway or state-maintained portion of any class II highway for any purpose whatever without written permission from the commissioner of transportation or his district engineer, or any other highway without written permission from the selectmen or highway agent of the town, or the mayor and aldermen or street commissioner of the city; provided that in cases of emergency where the public health or safety is endangered such immediate action as may be necessary may be taken without such permission, but in such cases the person directing or taking such action shall at once notify the official empowered to give written permission.

Source. 1917, 96:1. PL 91:1. RL 107:1. 1945, 188:1, part 19:8. 1950, 5:1, part 9:1, par. 2. RSA 249:13. 1981, 87:1. 1985, 402:6, I(b)(7). 1990, 39:1, eff. May 22, 1990.

Section 236:10

    236:10 Regulations; Bond. – The person or entity giving such written permission may make rules and regulations to govern the excavation and restoration of such highway and may require that a bond satisfactory to such person or entity be furnished to the state, city, or town providing for the satisfactory restoration of the highway. The bond requirements shall be equitably and reasonably applied to other bonded vehicles using the highway. The type of commodity being transported shall not be the determining factor for requiring a bond or the dollar amount of the bond. The person or entity providing the bond shall determine the type of bond furnished and it may be in the form of cash, letter of credit from a bank or lending institution licensed in New Hampshire and acceptable to the person giving written permission, or a bond furnished by an insurance company. The person or entity granting permission shall not arbitrarily withhold funds from any cash bond or letter of credit, but shall first make a good faith effort to resolve any differences with the contractor doing the excavation or restoration.

Source. 1917, 96:2. PL 91:2. RL 107:3. 1945, 188:1, part 19:9. RSA 249:14. 1981, 87:1. 2006, 177:1, eff. July 24, 2006. 2011, 85:1, eff. July 15, 2011.

Section 236:11

    236:11 Restoration. – Any person, entity, or corporation who excavates or disturbs the shoulders, ditches, embankments, or the surface improved for travel of any highway shall restore such highway to a condition at least equal to the condition that was present before the excavation or disturbance.

Source. 1945, 188:1, part 19:10. RSA 249:15. 1981, 87:1. 2006, 177:2, eff. July 24, 2006.

Section 236:12

    236:12 Exception. – The foregoing provisions shall not apply to railroads when making necessary repairs or improvements within their rights-of-way at points where the same are crossed by a highway; but no such repairs or improvements, if they involve excavating or disturbing the surface of any highway, shall be made without written permission from the department of transportation.

Source. 1917, 96:4. PL 91:4. RL 107:6. 1945, 188:1, part 19:11. RSA 249:16. 1981, 87:1. 1990, 39:2, eff. May 22, 1990.

Section 236:13

    236:13 Driveways and Other Accesses to the Public Way. –
I. It shall be unlawful to construct, or alter in any way that substantially affects the size or grade of, any driveway, entrance, exit, or approach within the limits of the right-of-way of any class I or class III highway or the state-maintained portion of a class II highway that does not conform to the terms and specifications of a written permit issued by the commissioner of transportation.
II. Pursuant to this section, a written construction permit application must be obtained from and filed with the department of transportation by any abutter affected by the provisions of paragraph I. Before any construction or alteration work is commenced, said permit application shall have been reviewed, and a construction permit issued by said department. Said permit shall:
(a) Describe the location of the driveway, entrance, exit, or approach. The location shall be selected to most adequately protect the safety of the traveling public.
(b) Describe any drainage structures, traffic control devices, and channelization islands to be installed by the abutter.
(c) Establish grades that adequately protect and promote highway drainage and permit a safe and controlled approach to the highway in all seasons of the year.
(d) Include any other terms and specifications necessary for the safety of the traveling public.
III. For access to a proposed commercial or industrial enterprise, or to a subdivision, all of which for the purposes of this section shall be considered a single parcel of land, even though acquired by more than one conveyance or held nominally by more than one owner:
(a) Said permit application shall be accompanied by engineering drawings showing information as set forth in paragraph II.
(b) Unless all season safe sight distance of 400 feet in both directions along the highway can be obtained, the commissioner shall not permit more than one access to a single parcel of land, and this access shall be at that location which the commissioner determines to be safest. The commissioner shall not give final approval for use of any additional access until it has been proven to him that the 400-foot all season safe sight distance has been provided.
(c) For the purposes of this section, all season safe sight distance is defined as a line which encounters no visual obstruction between 2 points, each at a height of 3 feet 9 inches above the pavement, and so located as to represent the critical line of sight between the operator of a vehicle using the access and the operator of a vehicle approaching from either direction.
IV. No construction permit shall allow:
(a) A driveway, entrance, exit, or approach to be constructed more than 50 feet in width, except that a driveway, entrance, exit, or approach may be flared beyond a width of 50 feet at its junction with the highway to accommodate the turning radius of vehicles expected to use the particular driveway, entrance, exit or approach.
(b) More than 2 driveways, entrances, exits or approaches from any one highway to any one parcel of land unless the frontage along that highway exceeds 500 feet.
V. The same powers concerning highways under their jurisdiction as are conferred upon the commissioner of transportation by paragraphs I, II, III, and IV shall be conferred upon the planning board or governing body in cities and towns in which the planning board or governing body has been granted the power to regulate the grading and improvement of streets within a subdivision as provided in RSA 674:35, and they shall adopt such regulations as are necessary to carry out the provisions of this section. Such regulations may delegate administrative duties, including actual issuance of permits, to a highway agent, board of selectmen, or other qualified official or body. Such regulations, or any permit issued under them, may contain provisions governing the breach, removal, and reconstruction of stone walls or fences within, or at the boundary of, the public right of way, and any landowner or landowner's agent altering a boundary in accordance with such provisions shall be deemed to be acting under a mutual agreement with the city or town pursuant to RSA 472:6, II(a).
VI. The commissioner of transportation or planning board shall retain continuing jurisdiction over the adequacy and safety of every existing driveway, entrance, exit, and approach to a highway, whether or not such access was constructed or installed pursuant to a permit under this section, and, unless the access is a public highway, the owners of property to which the access is appurtenant shall have continuing responsibility for the adequacy of the access and any grades, culverts, or other structures pertaining to such access, whether or not located within the public right of way. If any such access is or becomes a potential threat to the integrity of the highway or its surface, ditches, embankments, bridges, or other structures, or a hazard to the safety of the traveling public, by reason of siltation, flooding, erosion, frost action, vegetative growth, improper grade, or the failure of any culvert, traffic control device, drainage structure, or any other feature, the commissioner of transportation or planning board or their designee may issue an order to the landowner or other party responsible for such access to repair or remove such hazardous condition and to obtain any and all permits required therefor. The order shall describe the hazard, prescribe what corrective action or alteration in the location or configuration of such access shall be required, and set a reasonable time within which the action shall be completed. Such an order shall be sent by certified mail, and shall be enforceable to the same extent as a permit issued under this section. If the order is not complied with within the time prescribed, the commissioner or planning board or their designee may cause to be taken whatever action is necessary to protect the highway and the traveling public, and the owner or other responsible party shall be civilly liable to the state or municipality for its costs in taking such action.

Source. 1939, 109:1. RL 107:4. 1945, 188:1, part 19:12. 1950, 5:1, part 9:1, par. 2. RSA 249:17. 1969, 254:1. 1971, 302:1. 1981, 87:1. 1985, 103:4; 402:6, I(a)(7), (b)(7). 1997, 52:1, 2, eff. July 18, 1997. 2014, 125:1, eff. Aug. 15, 2014.

Section 236:14

    236:14 Penalty. – Any person who violates any provision of this subdivision or the rules and regulations made under authority thereof shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and, in addition, shall be liable for the cost of restoration of the highway to a condition satisfactory to the person empowered to give such written permission.

Source. 1917, 96:3. PL 91:3. 1939, 109:2. RL 107:5. 1945, 188:1, part 19:13. RSA 249:18. 1973, 530:26. 1981, 87:1, eff. April 20, 1981.

Obstructions and Encroachments

Section 236:15

    236:15 Purprestures; Barbed Wire. – If any building, structure or fence is erected or continued upon or over any highway, or if any fence, any part of which within 6 feet from the ground is barbed wire, is erected, maintained or continued adjoining or adjacent to any street or highway within the compact part of any town or within the limits of any village district or city, it shall be deemed a public nuisance. Cornices or other projections upon buildings, extending a reasonable distance into a highway, 12 feet or more above the surface of the highway, shall not be considered obstructions within the meaning of this section. Superstructures from one building to another, extending over a highway, not less than 16 feet above the surface of the highway, approved by the governing body of a municipality charged with the duty of inspection or supervision of buildings, shall not be considered obstructions within the meaning of this section.

Source. RS 60:1. CS 64:1. 1862, 2622:3. GS 70:10, 11. GL 76:10, 11. PS 77:8. 1899, 59:1. 1921, 157:1. PL 92:8. RL 108:8. 1945, 188:1, part 19:14. RSA 249:19. 1961, 110:1. 1981, 87:1, eff. April 20, 1981.

Section 236:16

    236:16 Penalty. – Any person so erecting or continuing any building, structure or fence, so as to interfere with, hinder or obstruct the public travel, shall be guilty of a violation, and the superior court may order such building, structure or fence to be removed, if it be found that the same does so obstruct or lessen the full breadth of the highway, or is dangerous to public travel thereon.

Source. RS 60:1. CS 64:1. 1862, 2622:3. GS 70:10, 11. GL 76:10, 11. PS 77:8. 1899, 59:1. 1921, 157:1. PL 92:9. RL 108:9. 1945, 188:1, part 19:15. RSA 249:20. 1973, 531:74. 1981, 87:1, eff. April 20, 1981.

Section 236:17

    236:17 Exceptions. – Watch-houses and structures for public use erected by authority of the town or by its selectmen, and signs and awnings put up in conformity with the police regulations in force in the town, are excepted from the provisions of RSA 236:16.

Source. RS 60:2. CS 64:2. GS 70:12. GL 76:12. PS 77:9. PL 92:10. RL 108:10. 1945, 188:1, part 19:16. RSA 249:21. 1981, 87:1, eff. April 20, 1981.

Section 236:18

    236:18 Right to Air Space Above and Below Certain Highways. – The state shall have exclusive rights, insofar as they do not conflict with any federal statute, to build into, lease or utilize for any public purpose the air space directly above or below the toll highways and the interstate system highways within this state. These rights to said air space shall extend upward or downward so far as is practical and reasonable for all purposes of the state and it shall be unlawful for any person or persons to violate said air space except as allowed by the state. The department of transportation shall be responsible for the administration and enforcement of this section. Nothing in this section shall be construed as prohibiting aircraft from flying through the air space above the herein mentioned highways. Notwithstanding the foregoing, public utilities shall have the right to erect lines through said air space in accordance with the provisions of this chapter relative thereto.

Source. RSA 249:21-a. 1969, 144:1. 1981, 87:1. 1985, 402:6, I(a)(7).

Section 236:19

    236:19 Obstructing Water; Penalty. – Any person who shall place, or suffer to be placed or to remain, any logs, earth or other substances within the limits of a highway, or upon land in the vicinity of a highway by which the water in a stream, pond or ditch is turned upon the highway and injures or renders it unsuitable for public travel, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. If such highway is maintained by the town, the fine shall be for the use of the town and if such highway is maintained by the state, the fine shall be for the use of the department of transportation. Nothing in this section shall be construed as prohibiting the placing of snow within the limits of a highway for the purpose of crossing or recrossing by sleds, logging or farming equipment.

Source. 1881, 50:1. PS 77:12. PL 92:13. 1941, 41:1. RL 108:13. 1945, 188:1, part 19:17. RSA 249:22. 1973, 530:27. 1981, 87:1. 1985, 402:6, I(a)(7).

Section 236:20

    236:20 Snow Obstruction. – Any person who shall put or place or cause to be put or placed any snow or ice upon the surface of the traveled portion of any class I, class III, or class III-a highway or state maintained portion of any class II highway for any purpose, except to provide a place necessary for crossing, recrossing and traveling upon said highways by sleds, logging or farm equipment, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. The provisions of this section shall not apply where snow or ice is pushed across the traveled surface of said highways for the purpose of snow removal from land adjoining said highways.

Source. 1941, 57:1. RL 107:2. 1945, 188:1, part 19:18. RSA 249:23. 1973, 530:28. 1981, 87:1. 1992, 265:15, eff. July 1, 1992.

Section 236:21

    236:21 Covering Fire Hydrant; Penalty. – Any person who shall purposely or knowingly put or place or cause to be put or placed any snow, ice or other debris which covers a fire hydrant so as to make it inaccessible for immediate use in the event of a fire, shall be guilty of a misdemeanor. For the purpose of this section "person" excludes agents of the state or any political subdivision engaged in the operation of snow removal from the traveled portion of any class of highway or the adjacent sidewalk.

Source. RSA 249:23-a. 1977, 209:1. 1981, 87:1, eff. April 20, 1981.

Section 236:22

    236:22 Removal of Fences Obstructing. – Fences shall not be removed for highway purposes until 10 days' notice in writing of the intention to remove the same has been given to the owner or occupant of the land enclosed by such fence, or to his agent.

Source. 1945, 188:1, part 19:19. RSA 249:24. 1981, 87:1, eff. April 20, 1981.

Section 236:23

    236:23 Service of Notice. – Such notice may be served by any agent of the department of transportation on such owner or occupant or his agent.

Source. 1945, 188:1, part 19:20. RSA 249:25. 1981, 87:1. 1985, 402:6, I(a)(7).

Section 236:24

    236:24 Time of Removal. – All such fences shall be removed within the time designated, and, if not removed by the date stated in such notice, they may be forthwith removed by said department at the expense of the owner.

Source. 1945, 188:1, part 19:21. RSA 249:26. 1981, 87:1, eff. April 20, 1981.

General Provisions

Section 236:25

    236:25 Officials. – State and local law enforcement officials are authorized to enforce the provisions of RSA 211:17-b, RSA 211:62-c, RSA 236:21 and RSA 236:26.

Source. 1959, 306:5. 1965, 157:2. RSA 249:27-a. 1977, 209:2. 1981, 87:1, eff. April 20, 1981.

Section 236:26

    236:26 Refuse on Private Land. – Any person other than the owner or his agent who shall put or place without permission, or cause to be put or placed without permission, in or upon any private property, any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, old automobiles or parts thereof or refuse of any nature whatsoever or any other noxious material, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. RSA 249:27-b. 1965, 148:1. 1973, 530:29. 1981, 87:1, eff. April 20, 1981.

Section 236:27

    236:27 Unauthorized Posting and Advertising. – If any person shall in any manner paint, put upon or affix to a bridge, fence, or other structure, or upon a rock or other natural object, the property of another, without his consent, any device, trademark, advertisement, or notice, he shall be guilty of a violation.

Source. 1864, 4032. GS 263:6. 1878, 10:1. GL 281:8. PS 266:27. PL 380:35. RL 442:34. RSA 572:43. 1973, 532:12. RSA 249:27-c. 1981, 87:1, eff. April 20, 1981.

Section 236:28

    236:28 Leaving Trigs, Etc.; Penalty. – If any person shall leave or suffer or allow to be left, on any public street or highway or in any gutter or drain adjacent to the same, anything which has been used in aiding to repair or trig any vehicle, he shall be guilty of a violation.

Source. 1897, 61:2. 1923, 79:1. PL 92:17, 18. RL 108:17, 18. 1945, 188:1, part 19:23. RSA 249:28. 1973, 531:75. 1981, 87:1, eff. April 20, 1981.

Section 236:29

    236:29 Removal of Obstructions. – The department of transportation may remove all obstructions in class I, class II, class III, or class III-a highways, and the highway agent of any city or town may remove all obstructions on any other highway and on town maintained portions of class II highways.

Source. 1917, 154:1. PL 91:10. RL 107:13. 1945, 188:1, part 19:24. RSA 249:29. 1981, 87:1. 1985, 402:6, I(a)(7). 1992, 265:16, eff. July 1, 1992.

Section 236:30

    236:30 No Adverse Right. – No person shall acquire, as against the public, any right to any part of a highway by enclosing or occupying it adversely for any length of time.

Source. 1862, 2622:1. GS 70:8. GL 76:8. PS 77:7. PL 92:7. RL 108:7. 1945, 188:1, part 19:25. RSA 249:30. 1981, 87:1, eff. April 20, 1981.

Section 236:31

    236:31 Evasion of Tolls and Charges. –
I. For purposes of this section:
(a) "Department" means the department of transportation.
(b) "Driver" means driver as defined in RSA 259:25.
(c) "Electronic toll collection" means the collection of tolls or charges by electronically transmitting information from a device to receiving equipment located in a toll lane, in order to charge the appropriate toll or charge for use of the highway or bridge.
(d) "Toll collection monitoring system" means a system that produces at least one photograph, microphotograph, videotape, recorded image, or written record of a portion of the vehicle when the vehicle is used or operated contrary to the toll collection system rules or when there is no cash option.
(e) "License" means license as defined in RSA 259:48.
(f) "Owner" means owner as defined in RSA 259:72.
(g) "Pay" means the transfer of funds in cash or by instructions to a financial service allowing withdrawal by debit or credit to an account maintained to satisfy the obligation to pay a toll or charge established by law for use of a highway or bridge in this state.
(h) "Violation" means to fail, neglect, or refuse to pay the toll or charge for the use of a bridge, highway, or part thereof, by a motor vehicle.
(i) "Toll collection system" means a system for collecting tolls or charges, including but not limited to cash or electronic or image-based tolls or charges in a toll lane, for the use of the highway or bridge.
(j) "Toll lane" means an electronic and/or cash lane, or an electronic lane with no cash option.
II. No person shall fail, neglect, or refuse to pay the toll or charge for the use of any bridge, highway, or part thereof; or use, or attempt to use, any device or method which results in a toll collection monitoring system being unable to accurately assess or collect the toll or charge due or to detect the non-payment of the toll or charge. Any person violating this section shall be subject to the provisions of this section and to an order of suspension pursuant to RSA 263:56-f.
III. The owner of a vehicle using a bridge or highway subject to a toll or charge shall be responsible for payment of the toll and charges due, plus any administrative fees the department assesses in accordance with its rules, and to an order of suspension under RSA 263:56-f, unless:
(a) The vehicle was taken without owner's consent, pursuant to RSA 262:12, or was a stolen vehicle at the time of the violation and the owner provides to the department, or its designee, upon receipt of notice of a violation of this section, a copy of a report of the unauthorized taking or theft made to a law enforcement agency; or
(b) The vehicle was leased or rented to another person, and the owner submits to the department, or its designee, a copy of the rental agreement, lease, or other contract document covering the vehicle on the date of the violation with the name and address of the renter or lessee clearly legible; at which time the renter or lessee of the vehicle on the date of the violation shall be deemed to be the owner of the vehicle for the purposes of this section, and shall be subject to the notice and order of suspension under RSA 263:56-f.
IV. Notwithstanding RSA 237:16-d, the department shall adopt rules under RSA 541-A for the implementation of a system to detect, record, verify, and administratively enforce violations of this section, or collect payment when there is no cash payment option in the toll lanes. The rules shall include:
(a) The criteria used to establish that a toll or charge has not been paid.
(b) A procedure to promptly resolve inadvertent violations in the accounts of electronic toll customers otherwise in good standing.
(c) A procedure for processing all other violations of this section, which shall require the department, or its designee, to send by regular mail, or other agreed upon method, an advisory and payment request to the owner of the vehicle, within 60 days of the date of the violation. The advisory and payment request shall notify the owner of the date, time, and location of the alleged violation, give the owner the opportunity to resolve the alleged violation by payment of the toll or charge due and a reasonable administrative fee, and advise the owner that failure to pay the required toll or charge and administrative fee shall cause the department to file a report with the department of safety, division of motor vehicles, seeking an order of suspension pursuant to RSA 263:56-f.
(d) A schedule of administrative fees to be imposed upon those who violate this section. Such administrative fees shall be set from time to time in an amount sufficient to permit the department to fully recover its costs, and the costs incurred by the department of safety, to administer, maintain, and upgrade the violation enforcement system. All funds received under this section shall be deposited in the turnpike fund. The department of transportation may, with the approval of the fiscal committee of the general court and the governor and council, draw from the turnpike fund to administer the toll collection system.
V. Any toll collection monitoring equipment acquired, operated by, or used by the department, or its designee, shall be designed to make a record of the front, or rear, or both, portions of the vehicle, including any registration plates affixed to the vehicle. Such equipment shall not be designed to produce a photograph, microphotograph, videotape, or other recorded image of the face of the operator or any passenger in the motor vehicle, unless the production of such image is unavoidable because the operator or passenger is not in a passenger compartment, as on a motorcycle.
VI. (a) The department, and any designee of the department, shall maintain the confidentiality of all information acquired in connection with the administration and enforcement of toll evasion, including but not limited to credit and account data, photographs or other images, and all personally identifying information obtained relative to owners of vehicles. Such information shall not be a public record subject to disclosure under RSA 91-A and shall be used solely for enforcement of this section.
(b) The department, or any agent that has contracted with the department to gather, collect, maintain, store, or collate any information acquired in connection with the administration and enforcement of toll collection, shall not use, share, reveal, duplicate, sell, provide access to, or by any other means use, or allow other entities to use, such information.
(c) The department may use an agent or third party contractor, including but not limited to collection agencies, to pursue and collect tolls and fees from users of the turnpike system whose vehicles are registered outside the United States.
VII. The transponders and the monitoring system used in a toll collection system shall not be used to track or determine the location of a vehicle or be used to collect information, including but not limited to the name, street address, post office box number, license, or billing information, about the individual and vehicle associated with the transponder, except at each point where a toll is collected or incurred.
VIII. Nothing in this section shall prevent access to the data collected in the administration and enforcement of toll collection by a certified law enforcement officer conducting an investigation undertaken pursuant to a court order, or in exigent circumstances.
IX. The information and data referred to in this section shall not include any motor vehicle records obtained from the department of safety pursuant to RSA 260:14, III-a or RSA 260:14, III-c, whose use and release shall be in strict accordance with RSA 260:14.

Source. RSA 249:30-a. 1957, 40:1. 1973, 531:76. 1981, 87:1. 2004, 241:1. 2007, 286:1, eff. Sept. 1, 2007. 2013, 186:1-8, eff. Aug. 31, 2013. 2015, 242:1, eff. Sept. 11, 2015. 2019, 312:1, 2, eff. Oct. 1, 2019. 2020, 33:19, 20, eff. Sept. 22, 2020.

Section 236:31-a

    236:31-a Failure to Pay a Highway Toll. – Any person using any toll lane that is not equipped with a toll collection monitoring system who fails, neglects, or refuses to pay the toll or charge for the use of any bridge, highway, or part thereof shall have an image taken of the vehicle registration plate and be subject to the provisions of RSA 236:31.

Source. 2006, 116:1, eff. May 10, 2006. 2013, 186:9, eff. Aug. 31, 2013. 2019, 312:3, eff. Oct. 1, 2019.

Section 236:31-b

    236:31-b Failure to Pay a Highway Toll. – Any person who fails, neglects, or refuses to pay the toll or charge for the use of any bridge, highway, or part thereof, or utilizes a toll lane that is equipped with a toll collection monitoring system without having an E-Z Pass transponder mounted on the vehicle, shall have an image taken of the vehicle registration plate and be subject to the provisions of RSA 236:31. When a full cash payment is made at the tollbooth, and the vehicle exits the toll booth, the image (i) shall not be retained for more than 3 seconds, after which it shall be irretrievably destroyed, and no record of the image or its destruction shall be kept; (ii) shall not be made available or disclosed to any individual, person, entity, or government or any component thereof; and (iii) shall not be subject to a subpoena or any administrative or court order.

Source. 2006, 211:3, eff. June 1, 2006. 2013, 186:9, eff. Aug. 31, 2013. 2014, 317:6, eff. Aug. 1, 2014. 2019, 312:4, eff. Oct. 1, 2019.

Encumbrances on Highways

Section 236:32

    236:32 Removal. – If any timber, lumber, stone or other thing is upon a state-maintained highway, encumbering it, the department of transportation may immediately remove the encumbrance, and, if upon any other highway, the highway agent of the city or town may immediately remove the encumbrance, and the official shall hold the same in his possession until the costs of removal are paid.

Source. RS 59:1. CS 63:1. 1864, 2897:1. GS 70:1. GL 76:1. PS 77:1. PL 92:1. RL 108:1. 1945, 188:1, part 19:26. RSA 249:31. 1981, 87:1. 1985, 402:6, I(a)(7).

Section 236:33

    236:33 Disposal. – He shall deliver to the owner the encumbrance removed, on being paid the cost of removing and keeping it, within 30 days after its removal; if the cost is not so paid he may sell the same, on giving 4 days' notice thereof, by posting notices in 2 public places in the town.

Source. 1864, 2897:2. GS 70:2. GL 76:2. PS 77:2. PL 92:2. RL 108:2. 1945, 188:1, part 19:27. RSA 249:32. 1981, 87:1, eff. April 20, 1981.

Section 236:34

    236:34 Proceeds of Sale. – The official shall pay to the owner of such encumbrance the balance of the money received on the sale thereof after deducting his costs of removal, keeping and sale.

Source. 1864, 2897:3. GS 70:3. GL 76:3. PS 77:3. PL 92:3. RL 108:3. 1945, 188:1, part 19:28. RSA 249:33. 1981, 87:1, eff. April 20, 1981.

Section 236:35

    236:35 Notice; Complaint. – The official may, if he chooses, give reasonable notice to the owner or person leaving any such encumbrance to remove the same; and upon his neglect or refusal, or if he is unknown, may make complaint thereof to a justice of the peace.

Source. RS 59:2. CS 63:2. GS 70:4. GL 76:4, PS 77:4. PL 92:4. RL 108:4. 1945, 188:1, part 19:29. RSA 249:34. 1981, 87:1, eff. April 20, 1981.

Section 236:36

    236:36 Hearing; Order. – The justice shall cause notice to be given to the owner or person leaving the same, if known, of the time appointed by him to view the encumbrance, and, after hearing such party if he attend, may upon his own view issue his warrant to the official to remove the same so far as he shall judge necessary for the public convenience, and to sell so much thereof as may be necessary to pay the legal costs, taxed by him, and 3 times the price of the labor of removing the same, to be estimated by the justice.

Source. RS 59:3. CS 63:3. GS 70:5. GL 76:5. PS 77:5. PL 92:5. RL 108:5. 1945, 188:1, part 19:30. RSA 249:35. 1981, 87:1, eff. April 20, 1981.

Section 236:37

    236:37 Authority to Sell; Deficit. – The official shall have the same powers in making such sale as a collector of taxes has in the sale of property distrained by him, and shall be governed by the same rules; and, if the proceeds of the sale are insufficient to pay the sums specified in the warrant, he may recover the balance unpaid by action on the case against the person leaving the same.

Source. RS 59:4. CS 63:4. GS 70:6. GL 76:6. PS 77:6. PL 92:6. RL 108:6. 1945, 188:1, part 19:31. RSA 249:36. 1981, 87:1, eff. April 20, 1981.

Liability for Obstruction or Injury to Highway

Section 236:38

    236:38 Damaging Highway; Penalty. – If any person, without authority, willfully injures any highway or bridge thereon by destroying or taking away any plank, timber, stone or other material thereof, or by digging any pit therein, he shall be guilty of a misdemeanor.

Source. RS 58:1. CS 62:1. GS 66:26. GL 72:26. PS 77:13. PL 92:14. RL 108:14. 1945, 188:1, part 19:32. RSA 249:37. 1973, 528:131. 1981, 87:1, eff. April 20, 1981.

Section 236:39

    236:39 Civil Liability. – If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway which renders it unsuitable for public travel, he or she shall be liable to the state for all damages to the highway, including replacement costs of protective barriers, when maintained by the state, or to the municipality for all damages to a highway, including replacement costs of protective barriers, when maintained by the municipality, and for all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency, or want of repair as established through an appropriate contribution claim or under the rules of joint and several liability.

Source. RS 59:5. CS 63:5. GS 70:7. GL 72:27; 76:7. PS 77:14. PL 92:15. RL 108:15. 1945, 188:1, part 19:33. RSA 249:38. 1981, 87:1. 2007, 332:1. 2008, 184:1, eff. Jan. 1, 2009.

Marking the Location of Public and Historic Incidents

Section 236:40

    236:40 Historic Markers. – The commissioner of transportation may erect historic markers or signs within the right-of-way of any class I, II, or III highway. He shall put up a marker upon the petition of 20 or more state citizens. Up to 10 historic markers may be erected in one year. No marker shall be put up which would interfere with reasonable use of the highway.

Source. RSA 249:38-a. 1955, 199:1. 1961, 31:1. 1969, 455:1. 1981, 87:1; 90:4, 9. 1985, 402:6, I(b)(7).

Section 236:41

    236:41 Historic Preservation Office. – The state historic preservation office established under RSA 227-C shall consult with the commissioner of transportation on the marker program. Before placing any marker, the commissioner shall secure the state historic preservation office's approval of the marker, its location and its wording. The state historic preservation office shall make any investigation needed to obtain information on the event to be commemorated and on the appropriate location for the marker, including consulting historians and holding public hearings.

Source. RSA 249:38-b. 1955, 199:1. 1961, 31:1. 1981, 87:1; 90:4, 9. 1983, 422:7. 1985, 402:6, I(b)(7).

Section 236:42

    236:42 Expenses. – The expense of putting up historic markers under this subdivision shall be a charge on the highway fund. The commissioner of transportation may accept grants from interested persons to be applied to the expense of this program.

Source. RSA 249:38-c. 1955, 199:1. 1981, 87:1; 90:4, 9. 1985, 402:6, I(b)(7).

Section 236:43

    236:43 Permits. – Selectmen of towns may permit the erection of monuments, tablets and markers by individuals or societies in public highways or other public grounds, in such places and of such character as may be approved by the selectmen, for the purpose of indicating the occurrence of historic events and matters of public interest; provided, that the reasonable use of such highway or other public place shall not be interfered with thereby.

Source. 1909, 12:1. PL 92:19. RL 108:19. 1945, 188:1, part 19:34. RSA 249:39. 1981, 87:1, eff. April 20, 1981.

Section 236:44

    236:44 Cooperative Markers. – The state historic preservation office may enter into cooperative agreements with any town, city, or historical society to place an historic marker within the right-of-way of any class IV or V highway. The agreement shall provide for reasonable sharing of the initial expense and for the town, city or society to maintain and care for the marker.

Source. RSA 249:39-a. 1969, 455:2. 1981, 87:1; 90:5, 9. 1983, 442:8, eff. June 24, 1983.

Section 236:45

    236:45 Damages. – If any person shall be damaged in his estate by the erection of such monument, tablet or marker he may apply to the selectmen within 6 months after such erection, but not afterwards, to assess his damages, and thereupon proceedings shall be had, as in the case of assessment of damages in laying out highways by selectmen.

Source. 1909, 12:2. PL 92:20. RL 108:20. 1945, 188:1, part 19:35. RSA 249:40. 1981, 87:1, eff. April 20, 1981.

Section 236:46

    236:46 Change of Location. – Any person whose rights or interests shall be affected by such location may, within 60 days after the approval of the selectmen, as provided in RSA 236:43, but not afterwards, petition the selectmen for such changes in the terms of the location as he may desire; and, after notice to parties and hearing, the selectmen may alter or revoke said location as justice may require.

Source. 1909, 12:3. PL 92:21. RL 108:21. 1945, 188:1, part 19:36. RSA 249:41. 1981, 87:1, eff. April 20, 1981.

Section 236:47

    236:47 Petition to Court. – If the selectmen shall neglect or refuse after 30 days to decide and make return of their proceedings upon any petition addressed to them under the provisions of the preceding section, or if any party whose interests are affected by such decision is dissatisfied therewith, the petitioner or party so dissatisfied may apply to the superior court for relief within 60 days thereafter; and like proceedings shall thereupon be had as in the case of appeals from the laying out of highways by selectmen.

Source. 1909, 12:5. PL 92:22. RL 108:22. 1945, 188:1, part 19:37. RSA 249:42. 1981, 87:1, eff. April 20, 1981.

Section 236:48

    236:48 Return; Record; Fees. – The selectmen shall, within 30 days, make a return of their proceedings and decision upon every petition presented to them and of every location by them approved under the provisions of this subdivision, and shall cause the same to be recorded by the town clerk. The fees of the selectmen and town clerk shall be paid by the petitioner.

Source. 1909, 12:4. PL 92:23. RL 108:23. 1945, 188:1, part 19:38. RSA 249:43. 1981, 87:1, eff. April 20, 1981.

DWI Victim Fatality Sign Program

Section 236:48-a

    236:48-a DWI Victim Fatality Sign Program. –
I. A next of kin may apply to the department of transportation to sponsor a sign memorializing an individual who was fatally injured in a traffic accident, occurring after July 1, 2006, in which there is substantial evidence gathered by law enforcement that another driver caused the accident while driving in violation of RSA 265-A:2 or RSA 265-A:3. The applicant shall complete a DWI victim fatality sign application furnished by the department. The applicant shall include with the application:
(a) The date of the accident.
(b) The location of the accident.
(c) The name of the driver driving while intoxicated or under the influence of drugs.
(d) An affidavit by the applicant that the individual to be memorialized was fatally injured in the traffic accident and that there is substantial evidence gathered by law enforcement that the other driver was at fault and that drugs or alcohol were involved.
(e) The name of the individual who was fatally injured as it should appear on the name plaque.
II. Within 60 days, or as soon as practical, after the department of transportation receives a correctly completed application submitted under paragraph I and the department has inspected the proposed site for the sign, the department shall send a written decision to the applicant as to whether the proposed sign installation is in compliance with this section.
III. (a) A sign that the department approves under this section shall be placed in the state-maintained highway right-of-way, at cost to an applicant, near the location of the accident and facing the oncoming traffic, without obstructing the visibility of an existing traffic sign.
(b) Signs shall not be placed within an interstate right-of-way, or on-ramps and off-ramps of such highways.
(c) The department shall furnish, install, and retain ownership of the DWI fatality sign.
IV. If a sign is applied for under paragraph I and approved by the department, the department shall install a DWI fatality sign that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads "IN MEMORY OF (the victim's name)."
V. No more than 4 name plaques of victims may appear below the DWI fatality sign on a single sign installation. If there were more than 4 victims fatally injured in the traffic accident, the department of transportation may install additional signs in the vicinity of the accident.
VI. Unless it determines that public safety requires removal, the department shall keep a sign installation in its designated location for 2 years after the date of its installation. After the 2-year period ends, the department shall remove the sign. No petition for time extension or re-erection of such sign shall be accepted.

Source. 2010, 80:1, eff. May 19, 2010.

Drive-In Theatres

Section 236:49

    236:49 Permit Required. – It shall be unlawful to construct a drive-in theatre with direct access to or from any class I, II or III highway, without first obtaining a written permit from the commissioner of transportation covering access provisions and such additional provisions as may be required to promote safety on the adjoining highways.

Source. RSA 249:44. 1955, 135:1, par. I. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:50

    236:50 Hearing. – Said commissioner is authorized to conduct a public hearing, if deemed that the public good requires, or the individual requesting permit files written demand for same, to be held before the commissioner or the assistant commissioner of transportation, and the director of the division of motor vehicles of the department of safety and the director of the division of state police of the department of safety, or their authorized representatives, acting in an advisory capacity to the commissioner or assistant commissioner of transportation. Written notice of such hearing shall be given to the applicant or applicants and the town authorities, and notice to the public posted in a public place in the town where construction is proposed, at least 2 weeks prior to date of hearing.

Source. RSA 249:45. 1955, 135:1, par. II. 1961, 166:3. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:51

    236:51 Provisions of Permit. – Said commissioner, with the advice of the director of the division of motor vehicles of the department of safety and director of the division of state police of the department of safety, may issue a permit in each case containing such requirements and provisions as will protect the safety of the traveling public. He may provide that the screen of a drive-in theatre be so placed as will prevent the view of the picture face of same from said highways or provide that suitable screening be placed as will obstruct said view if topography does not allow such placement. He may provide that in any location where the free flow of traffic from the highway to a drive-in theatre is prevented by the operation of ticket sellers, parking attendants or in any other manner, there shall be provided an adequate storage area for vehicles between the highway pavement and the location of ticket booths, parking area, or other cause of traffic stoppage and delay, to prevent backing up of vehicles on the highway pavement. He may provide that traffic control devices or warning signals be installed, meeting his approval, located within the establishment as well as similar devices controlling the state highway. Application for permit by the owner or owners shall be made at least 60 days before proposed construction. A plot plan of proposed establishment shall be included with the application for said permit.

Source. RSA 249:46. 1955, 135:1, par. III. 1961, 166:3. 1981, 87:1, eff. April 20, 1981.

Section 236:52

    236:52 Appeal. – Any party aggrieved by the decision of the commissioner may appeal said decision under procedure as provided by RSA 541.

Source. RSA 249:47. 1955, 135:1, par. IV. 1981, 87:1, eff. April 20, 1981.

Section 236:53

    236:53 Penalty. – Any person who violates any provision of this subdivision or RSA 236:54 hereof or the requirements or provisions of permits thereunder, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, and shall cease operation of any offending establishment pending fulfillment of requirements and special provisions.

Source. RSA 249:48. 1955, 135:1, par. VI. 1973, 530:30. 1981, 87:1, eff. April 20, 1981.

Roadside Advertising

Section 236:54

    236:54 Location. – It shall be unlawful to erect any roadside advertising within a distance of 400 feet of any highway intersection of class I and II highways or railroad grade crossings thereon when said advertising obstructs the view of said intersections and crossings, rendering the approach to same by vehicular traffic hazardous.

Source. RSA 249:49. 1955, 135:1, par. V. 1981, 87:1, eff. April 20, 1981.

Lights Along Highways

Section 236:55

    236:55 Prohibition. – It shall be unlawful to place any light along a highway so positioned as to blind or dazzle the vision of travelers on the adjacent highway. The commissioner of transportation shall enforce provisions of this section for lights along class I, II or III highways and the selectmen shall enforce the provisions hereof on class IV, V and VI highways. Whenever a person shall violate the provisions of this section he shall be given written notice to correct the location of the light. If he does not so correct the location of the light within a period of 30 days from the date of written notice to do so, he shall be prosecuted for violation of the provisions hereof. Whoever violates any provision of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and in either case shall cease all operation of such offending light.

Source. RSA 249:50. 1957, 159:1. 1973, 530:31. 1981, 87:1. 1985, 402:6, I(b)(7).

Operation of Certain Vehicles

Section 236:56

    236:56 Prohibition of Certain Vehicles Within Highway Rights-of-Way. –
I. No person shall operate a motorbike, motorcycle, trail bike, snowmobile, all terrain vehicle including 4-wheel drive vehicles or other motorized 2 or 3 wheel trail type vehicle and track type vehicles within or upon the rights-of-way adjacent to the traveled way of the interstate highway system, toll roads, or limited access highways of this state, except as authorized pursuant to RSA 215-A:9 and RSA 215-C:9.
II. It shall be unlawful for any person to operate a motorbike, motorcycle, trail bike, snowmobile, all terrain vehicle, including 4-wheel drive vehicles or other motorized 2 or 3 wheeled trail type vehicles and track type vehicles within or upon highway easements or rights-of-way adjacent to the traveled way of any class I, class III, or class III-a highway or state maintained portion of any class II highway with the following exceptions:
(a) Emergency. In the event of an emergency, a person may operate one of the above motor vehicles in the right-of-way portion of such public highways; provided, however, that a vehicle not registered for highway use shall not be operated on the main traveled portion and paved shoulders of said highway.
(b) Adjacent to Public Highways. Solely by approvals granted pursuant to RSA 215-A:3, VI and RSA 215-C:2, VII may OHRVs and snowmobiles be operated within the right-of-way adjacent and parallel to class I, II, and III public highways. This provision shall also apply to the operation of such vehicles to the point where the same are unloaded, from motorized conveyance to the area where the vehicle is to be operated, or from the area where operated to a motorized conveyance when such loading and unloading can not be effected in the immediate vicinity of the area of operation without causing a hazard to vehicular traffic approaching from either direction on said highway. Such loading or unloading must be accomplished with due regard to safety at the nearest possible point to the area of operation.
(c) Crossing Highways. In crossing public highways, properly registered motorbikes, motorcycles, trail bikes, snowmobiles, all terrain vehicles, including 4-wheel drive vehicles or other motorized 2 or 3 wheeled trail type vehicles and track type vehicles may cross the rights-of-way adjacent to the public highway as directly as possible, preferably at right angles provided that such crossing can be made in safety and does not interfere with the free movement of vehicular traffic approaching from either direction on such public highways. It shall be the responsibility of the operator of such vehicles to yield the right-of-way to all vehicular traffic upon any such way before crossing same.
(d) Trail Connectors.
(1) All OHRVs and snowmobiles may be operated within specified trail connectors and pursuant to the provisions of RSA 215-A:9 or RSA 215-C:9. The commissioner of the department of transportation may limit the operation of specified types of OHRVs and snowmobiles when the commissioner feels this is necessary in matters of safety and maintenance of trail corridors or at the suggestion of the chief supervisor of the bureau of trails. Trail connectors, as defined in RSA 215-A:1, in Coos county and in Grafton county shall be exempt from the provisions of RSA 215-A:42 and RSA 215-A:43.
(2) Notwithstanding the provisions of subparagraph (1), the requirement in RSA 215-A:43, I(a) shall apply to trail connectors for the use of state highway rights-of-way, outside of the travel lane.
(e) Sidewalks. The operation of OHRVs and snowmobiles may be allowed on sidewalks adjacent to class I, II, III, and III-a highways upon the request of a town or city after consultation with the bureau of trails and with the approval of the department of transportation.

Source. RSA 249:52. 1971, 157:1. 1981, 87:1. 1983, 449:23. 1989, 179:6, 7. 1992, 265:17. 1993, 53:12. 1996, 78:3. 2005, 210:37, eff. July 1, 2006. 2010, 253:1, eff. Sept. 4, 2010. 2012, 84:2, eff. May 23, 2012. 2016, 318:2, eff. June 24, 2016. 2017, 98:2, eff. Aug. 7, 2017.

Section 236:57

    236:57 Penalty. – Any person who violates the provisions of RSA 236:56 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and, in addition, shall be liable for the cost of restoration of damages to the easement or right-of-way.

Source. RSA 249:53. 1971, 157:1. 1973, 530:33. 1981, 87:1, eff. April 20, 1981.

Camping Along Highways and on Public Property

Section 236:58

    236:58 Camping Restricted. – No person shall pitch a tent or place or erect any other camping device or sleep on the ground within the public right-of-way or on public property unless permission is received from the governing board of the governmental authority having jurisdiction over such public right-of-way or property.

Source. RSA 249:54. 1975, 335:1. 1981, 87:1, eff. April 20, 1981.

Section 236:59

    236:59 Penalty. – Any person who violates RSA 236:58 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and, in addition, shall be liable for the cost of restoration for any damage caused to a highway easement or right-of-way.

Source. RSA 249:55. 1975, 335:1. 1981, 87:1, eff. April 20, 1981.

Use of Highways By Travelers

Section 236:60

    236:60 Repealed by 1982, 41:17, I, eff. May 28, 1982. –

Section 236:61

    236:61 Repealed by 1982, 41:17, II, eff. May 28, 1982. –

Section 236:62

    236:62 Repealed by 1982, 41:17, III, eff. May 28, 1982. –

Section 236:63

    236:63 Repealed by 1982, 41:17, IV, eff. May 28, 1982. –

Snow Fences

Section 236:64

    236:64 Erection by Department of Transportation. – The department of transportation may, after October 15, erect a fence upon property adjacent to any class I, II or III highway in order to prevent snow from drifting thereon. The view from the landowner's buildings shall not be obstructed by such fence unless he consents, and the fence shall be removed on or before May 1.

Source. 1927, 119:1, 2. RL 109:38. 1945, 188:1, part 10:13. 1951, 31:1. RSA 248:1. 1981, 87:1. 1985, 402:6, I(a)(7).

Section 236:65

    236:65 Damages. – The landowner shall be entitled to damages sustained by the erection, maintenance, and removal of such fence. If the commissioner of transportation and the landowner are unable to agree on such damages the commissioner of transportation shall assess the damages sustained.

Source. 1927, 119:1. RL 109:39. 1945, 188:1, part 10:14. 1950, 5:1, part 9:1, par. 2. RSA 248:2. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:66

    236:66 Appeal. – The landowner may petition for the assessment of damages to the superior court in the county in which such land is situate within 60 days, and not thereafter, from his receipt of notice of the assessment of damages, and the court shall assess such damages, if any, by jury.

Source. 1945, 188:1, part 10:15. RSA 248:3. 1981, 87:1, eff. April 20, 1981.

Section 236:67

    236:67 Erection by City or Town. – Any city or town may, after October 15, erect a fence upon property adjacent to a public highway in order to prevent snow from drifting thereon. The view from the landowner's buildings shall not be obstructed by such fence unless he consents, and the fence shall be removed on or before May 1.

Source. 1927, 119:1, 2. RL 109:38. 1945, 188:1, part 16:26. 1951, 31:2. RSA 248:4. 1981, 87:1, eff. April 20, 1981.

Section 236:68

    236:68 Damages. – The landowner shall be entitled to damages occasioned by the erection, maintenance and removal of such fence. Either party may apply to the selectmen or the city council for the assessment of damages, and such proceedings shall be had as in the assessment of damages for the laying out of highways by selectmen.

Source. 1927, 119:1. RL 109:39. 1945, 188:1, part 16:27. RSA 248:5. 1981, 87:1, eff. April 20, 1981.

Outdoor Advertising

Section 236:69

    236:69 Policy. – It is hereby declared to be the policy of this state and in the public interest to provide for maximum visibility along the interstate system, federal aid primary system, and turnpike system, and connecting roads or highways; to prevent unreasonable distraction of operators or motor vehicles; to prevent confusion with regard to traffic lights, signs or signals or other interference with the effectiveness of traffic regulations; to promote maximum safety, comfort and well-being of users of the interstate system, federal aid primary system, and turnpike system; to preserve and enhance the natural scenic beauty or the aesthetic features of the interstate system, federal aid primary system, turnpike system and adjacent areas; to promote the reasonable, orderly and effective display of advertising devices along such systems; and to regulate advertising devices along such systems in a manner consistent with customary use in this state. To implement this declared policy and cooperate with the United States government in the construction and maintenance of public highways in accordance with Title 23, United States Code as amended and supplemented, this subdivision provides for the regulation of advertising devices on the interstate and federal aid primary highway systems.

Source. RSA 249-A:1. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1981, 87:1, eff. April 20, 1981.

Section 236:70

    236:70 Definitions. –
As used in this subdivision:
I. The words "advertising device" shall include any billboard, outdoor sign, notice, poster, display figure, painting, message, placard or any other device which is designated or intended to attract or which does attract the attention of operators of motor vehicles on the interstate system, federal aid primary system, and turnpike system and shall include a structure erected or used in connection with the display of any such device and all lighting or other attachments used in conjunction therewith.
II. The words "on-premise signs" shall mean advertising devices which are to be erected and maintained on property for the following purposes:
(a) To set forth the name and address of the owner, lessee, or occupant of such property;
(b) To list information required by law to be posted or displayed thereon;
(c) To set forth the name of the business or profession conducted on such property, or to identify the goods or services produced or sold on such property;
(d) To indicate the sale or leasing of the real property upon which they are placed.
III. The words "directional and informational signs" shall mean directional and informational signs in the specific interest of the traveling public, or other official signs and signals erected or maintained by state or other public agencies having jurisdiction, provided the erection of such signs is not inconsistent with the standards to be promulgated by the United States Secretary of Transportation under section 131(f) of the Federal Highway Beautification Act of 1965, or provided they are business directional signs established as official signs to provide directional information for eligible motorist-oriented privately owned businesses. For the purposes hereof, informational signs are deemed to be in the specific interest of the traveling public only if they contain information about public places operated by federal, state or local governments, natural phenomena, historic sites, areas of natural scenic beauty or naturally suited for outdoor recreation, and places for camping. The commissioner of transportation is vested with authority to determine whether informational signs are in the specific interest of the traveling public.
IV. The words "interstate system" shall mean all highways which are a part of the national system of interstate and defense highways described in subsection (e) of section 103 of Title 23, United States Code, and such highways as may be so reclassified from time to time as provided in subsection (f) of section 103 of Title 23, United States Code.
V. The words "federal aid primary system" shall mean all highways which are a part of the federal aid system described in subsection (b) of section 103 of Title 23, United States Code, and such highways as may be so reclassified from time to time as provided by subsection (f) of section 103 of Title 23, United States Code that were in existence on June 1, 1991, and any highway which was not on the system but was included in the National Highway System as defined in section 1046(c) of the Intermodal Surface Transportation Efficiency Act of 1991.
VI. "Commercial or industrial activities" shall mean those activities generally recognized as business, industrial or commercial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial:
(a) Outdoor advertising structures;
(b) Agricultural, forestry, grazing, farming and related activities, including but not limited to wayside fresh produce stands;
(c) Transient or temporary activities;
(d) Activities conducted in a building used principally as residence;
(e) Railroad tracks and minor sidings; and
(f) Activities which are not visible from the main traveled way.
VII. The words "zoned commercial or industrial areas" shall mean those areas zoned for business, industrial or commercial use pursuant to a municipal zoning ordinance, regulation or bylaw.
VIII. The words "unzoned commercial or industrial area" shall mean any area not zoned by any municipality in which, if an advertising device is or might be located therein, such device is or would be so located that there are at any time 2 or more separate businesses, industrial or commercial activities of a permanent nature conducted no greater than 1,000 feet apart; such 1,000 feet being measured between points on the outer edge of the regularly used buildings, parking lots, or storage or parking areas, provided, however, that no such advertising device may be located more than 500 feet from the nearest such business, industrial or commercial activity measuring from the point on the outer edge of the regularly used buildings, parking lots, storage or processing areas of such activity nearest to such device.
IX. The word "erect" shall mean to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; but it shall not include any of the foregoing activities when performed as an incident to a change of advertising message or customary maintenance or replacement of the sign structure.
X. The word "maintain" shall mean to allow to exist.
XI. The words "federal highway adjacent area" shall mean an area which is adjacent to and within 660 feet of the nearest edge of the right-of-way of any interstate or federal aid primary highway, which 660 foot distance shall be measured horizontally along a line normal or perpendicular to the center line of the highway, or which is visible from the main traveled way.
XII. The words "political sign" shall mean an advertising device intended to promote the candidacy or election of any public official which device is basically impermanent in nature.
XIII. The words "turnpike system" shall mean any portion of the Spaulding turnpike or the F. E. Everett turnpike, as established by RSA 237, which are not defined as an interstate system or a federal aid primary system in paragraphs IV and V of this section, or any other turnpike which may be constructed or established in this state.
XIV. The words "turnpike adjacent area" shall mean an area which is adjacent to and within 660 feet of the nearest edge of the right-of-way of any turnpike system, as defined in paragraph XIII of this section, which 660 foot distance shall be measured horizontally along a line normal or perpendicular to the center line of the highway, or which is visible from the main traveled way.
XV. The words "primary or secondary highways and roads of and within the state" shall mean all highways and roads within the state whether they be highways which are considered as being within the interstate system, the federal aid primary system or roads or highways within the federal highway adjacent area turnpike system or turnpike adjacent area.
XVI. "Federal aid secondary system" means all highways which are a part of the federal aid system described in subsection (c) of section 103 of Title 23, United States Code, and such highways as may be so reclassified from time to time as provided in subsection (f) of section 103 of Title 23, United States Code.
XVII. "Urban area" means an area with a population of 5,000 or more persons as delineated on the urban area boundary maps on file with the department of transportation and as established by the commissioner of the department of transportation and responsible local officials of the state of New Hampshire, and which have been approved by the secretary of the United States department of transportation or his designee.
XVIII. The words "nonconforming sign" shall mean any advertising device which was lawful when erected and which complies with all sections of this subdivision except RSA 236:73 or 74.
XIX. The words "farm sign" shall mean an advertising device displaying information relating to the promotion, production or selling of New Hampshire grown or locally processed agricultural products, which is further differentiated from other advertising devices displaying similar information by additional restriction in size, and lesser restrictions in location and spacing.
XX. The words "recreational and cultural interest area sign" shall mean a sign that meets the physical standards set by the federal government in the "Manual on Uniform Traffic Control Devices" (MUTCD), which shall be used as destination, directional, informational, or supplemental guide signs. Recreational and cultural interest area signs shall be available to alpine and nordic ski areas that are recognized by the state in state-sponsored publications and shall be used on the primary or secondary highways and roads of and within the state. Recreational and cultural interest area signs shall be designed to direct the traveling public to the recreational facility. The ski area listed on the sign shall pay for all costs associated with signs approved under this section.

Source. RSA 249-A:2. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1973, 360:2. 1975, 21:1. 1977, 87:1. 1979, 242:2. 1981, 87:1; 476:2. 1985, 402:6, I(a)(7), (b)(7). 1987, 209:3-5. 1999, 288:3. 2003, 67:2, eff. July 26, 2003.

Section 236:71

    236:71 Licenses. – No person shall erect or maintain more than 10 advertising devices in federal highway or turnpike adjacent areas other than such devices described in RSA 236:73, III, IV and V without first obtaining a license from the commissioner of transportation. The fee for such license shall be paid annually in advance. The fee for persons erecting or maintaining 50 or more advertising devices shall be $150 and for persons erecting or maintaining less than 50 but more than 10 such devices, the fee shall be $100. An application for a license or renewal of a license shall contain the name and residence or principal address of the applicant and such other reasonable information as the commissioner may from time to time require and shall be accompanied by the annual fee. Licenses granted under this section shall expire on April 1 following the date of issue, and fees therefor shall not be prorated. All applications for renewal of licenses shall be filed with the commissioner on or prior to March 15 preceding their expiration. Applications for a license or renewal of a license shall be granted except as otherwise provided in RSA 236:78. All fees collected hereunder shall be deposited in the highway fund.

Source. RSA 249-A:3. 1961, 269:1. 1963, 3:1. 1969, 429:1. 1971, 245:1. 1977, 563:45. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:72

    236:72 Permits. –
No advertising device other than such a device described in RSA 236:73, III, IV and V shall be erected or maintained in a federal highway or turnpike adjacent area without a permit issued by the commissioner of transportation. Application for a permit or renewal of a permit shall contain the name and residence or principal business address of the applicant, the location of the device to be permitted and its size, excluding border and trim, base or apron, supports and other structural members, the number of faces carrying advertising, a signed statement of the owner of the property upon which the device to be permitted is or will be located that he has consented to such device, the amount of rental compensation being paid to the said owner, and such other reasonable information or requirements as the commissioner may require. However, on an application for renewal of a permit the commissioner may waive the requirement for furnishing a signed consent statement from the owner of the property on which the device is located. Permits shall expire on April 1 following the date of issue and fees shall not be prorated. Applications for renewal of a permit shall be filed prior to March 15 preceding expiration of the permit. Only one permit shall be required for double face or v-type devices, but fees shall be charged with respect to each face used for advertising. Advertising copy may be changed at any time without requiring a new permit. Applications for a permit or renewal of a permit shall be granted except as provided in RSA 236:78, and each application shall be accompanied by fees in accordance with the following schedule:
I. For sign faces of 50 square feet or less, $50.
II. For sign faces of more than 50 square feet but less than 350 square feet, $75.
III. For sign faces of 350 square feet or more, $100.
All fees collected hereunder shall be deposited in the highway fund.

Source. RSA 249-A:4. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1977, 563:46. 1981, 87:1. 1985, 402:6, I(b)(7). 1990, 3:102, eff. Feb. 20, 1990.

Section 236:72-a

    236:72-a Business Directional Sign Permit Fee. – For any new official business directional signs authorized after July 14, 1987, and beginning April 1, 1988, for all official business directional signs authorized by the commissioner to serve privately owned businesses, an annual permit fee of $10 shall be collected by the commissioner. Permits shall expire on April 1 following the date of issue or renewal and fees shall not be pro-rated. All fees collected under this section shall be deposited in the highway fund.

Source. 1987, 209:8, eff. July 14, 1987.

Section 236:73

    236:73 Restriction of Advertising. –
After January 1, 1970, no advertising devices shall be erected or maintained within a federal highway adjacent area and after January 1, 1972, no advertising devices shall be erected or maintained within a turnpike adjacent area except the following:
I. Advertising devices located in a zoned area erected and maintained without violation of RSA 236:71, 72 and 74 follows:
(a) Adjacent to segments of the interstate system legally zoned on September 21, 1959, as commercial or industrial, except that after July 1, 1977, no such advertising devices shall be maintained outside urban areas in locations beyond 660 feet from the highway right-of-way and visible from the main traveled way.
(b) Along the federal aid primary and turnpike systems in a zoned commercial or industrial area, except that after July 1, 1977, no such advertising devices shall be maintained outside urban areas in locations beyond 660 feet from the highway right-of-way and visible from the main traveled way.
II. Advertising devices located along the federal aid primary or turnpike systems in an unzoned commercial or industrial area and erected and maintained without violation of RSA 236:71, 72 and 74 other than such devices located in such an area determined by the commissioner of transportation to be predominantly residential, except that after July 1, 1977, no such advertising devices shall be maintained outside urban areas in locations beyond 660 feet from the highway right-of-way and visible from the main traveled way.
III. On premise signs which are to be erected and maintained on the property for the purpose of setting forth:
(a) The name and address of the owner, lessee, or occupant of the property;
(b) Information required by law to be posted or displayed on the property;
(c) The name of the business or profession conducted on the property, or an identification of the goods or services produced or sold on such property, provided, not more than one such sign, visible to traffic proceeding in any one direction on any one interstate, federal aid primary or turnpike highway and advertising activities being conducted on the real property where the sign is located shall be permitted more than 50 feet from the advertised activity; and
(d) Advertising devices indicating the sale or leasing of the real property upon which they are placed, provided, not more than one such sign advertising the sale or lease of the same property shall be permitted in such a manner as to be visible to traffic proceeding in any one direction on any one interstate, federal aid primary or turnpike highway.
IV. Directional, informational or official signs:
(a) Within the right-of-way as determined by the commissioner of transportation to be in the specific interest of the traveling public and which conform to national standards as promulgated by the Secretary of Transportation; and
(b) Off the right-of-way as may be permitted under rules adopted by the commissioner of transportation. Such signs may include signs directing the traveling public to privately owned resorts, hotels, restaurants or other commercial establishments catering to the traveling public where the commissioner of transportation determines that such a sign is necessary to the continued operation of such commercial establishment and that traffic safety is best served by providing such a sign to the traveling public thereby avoiding confusion on the part of the motorist. Any such directional sign shall be erected and maintained by the commercial establishment involved under rules adopted by the commissioner, and which conform to national standards as promulgated by the Secretary of Transportation; or
(c) Within the right-of-way or off the right-of-way of primary or secondary highways and roads of and within the state, but not highways on the interstate system or turnpike system, business directional signs subject to specific approval and issuance of permit by the commissioner of transportation, provided that any such business directional sign shall be erected and maintained by the applicant under rules adopted by the commissioner pursuant to RSA 541-A.
V. Political signs which are placed within a federal highway or turnpike adjacent area by supporters of the candidate shall be subject to removal at any time by the department of transportation if such signs create a traffic hazard; provided, the areas allowed shall be restricted to federal aid primary and turnpike highways and not interstate highways. The candidate shall cause such political signs to be removed within the period specified for their removal in RSA 664:17.
V-a. Farm signs located in federal highway adjacent areas except interstate highway adjacent areas, provided that such signs shall be maintained without violation of RSA 236:71, 72, and 74, and further provided that such signs may be erected and maintained only by farms actively engaged in the production, processing, or selling of New Hampshire grown agricultural products.
VI. No sign which is to be permitted under paragraphs II, IV and V of this section may be permitted to be erected or maintained, in any manner inconsistent with standards, criteria, and rules and regulations to be promulgated by the commissioner of transportation that are necessary in order to meet the requirements of section 131 of Title 23, United States Code. No advertising device, notwithstanding any other provision of this subdivision, will be permitted which does not conform to the national standards found in chapter 1, part 20 of Title 23, Code of Federal Regulations.

Source. RSA 249-A:5. 1961, 269:1. 1963, 3:2. 1969, 429:1. 1971, 245:1. 1975, 448:2. 1977, 87:2. 1981, 87:1; 476:3. 1985, 402:6, I(a)(7), (b)(7). 1987, 209:9, eff. July 14, 1987.

Section 236:73-a

    236:73-a "RV Friendly" Markers. –
I. Subject to the prior approval of the Federal Highway Administration, the department of transportation shall incorporate the use of "RV friendly" markers on specific business directional signs for business establishments that cater to the needs of persons driving recreational vehicles. A business establishment that qualifies for a business directional sign and that also qualifies as "RV friendly" may request that an "RV friendly" marker be displayed immediately adjacent to such establishment's business logo sign on the appropriate background sign panel. The business applicant shall pay all costs of the "RV friendly" marker. For purposes of this section, the "RV friendly" marker to be displayed shall be such marker as may be approved by the Federal Highway Administration in the Manual on Uniform Traffic Control Devices.
II. In accordance with the provisions of RSA 21-L:12, and subject to the approval of the Federal Highway Administration, the department shall adopt rules, pursuant to RSA 541-A, necessary to implement the provisions of this section, including rules setting forth the minimum requirements for business establishments to qualify as "RV friendly." Such requirements shall include, but shall not be limited to:
(a) Roadways shall be hard surface, such as gravel, compacted stone dust, pavement, or other firm surface, and at least 12 feet wide with a minimum swing radius of 50 feet for entering and exiting the facility.
(b) Roadway access and parking facilities shall be free of any obstructions up to 14 feet above the surface.
(c) Facilities requiring short-term parking shall have 2 or more spaces that are 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces.
(d) Fueling facilities with canopies shall have a 14-foot clearance and facilities selling diesel fuel shall have pumps with non-commercial nozzles.
(e) Fueling facilities shall allow for pull-through with a swing radius of 50 feet.
(f) Campgrounds shall have 2 or more spaces that are 18 feet wide and 45 feet long.

Source. 2007, 87:1, eff. Aug. 10, 2007.

Section 236:73-b

    236:73-b Liquor Stores. – The department of transportation shall design, locate, and erect along state highways suitable signs to advertise nearby state liquor stores.

Source. 2009, 144:152, eff. July 1, 2009.

Section 236:74

    236:74 Regulation of Erection and Maintenance of Certain Advertising Devices. –
Subject to the provisions of RSA 236:71, 72 and 73 and except as otherwise provided in RSA 236:77, after January 1, 1970, erection and maintenance of advertising devices located in federal highway adjacent areas and after January 1, 1972, erection and maintenance of advertising devices located in turnpike adjacent areas, other than such devices permitted under RSA 236:73, III, IV and V shall be governed by the following provisions:
I. General. With respect to advertising devices located in federal highway or turnpike adjacent areas:
(a) No device may be erected or maintained that is inconsistent with the following:
(1) No sign may be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles any official traffic sign, signal or device.
(2) No sign may be permitted which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.
(3) No lighting may be permitted to be used in any way in connection with any sign unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled way of the interstate, federal aid primary or turnpike highways, or is of such low intensity or brilliance as not to cause glare or not to impair the vision of the driver of any motor vehicle, or does not otherwise interfere with any driver's operation of a motor vehicle.
(4) No sign may be permitted to be erected or maintained upon trees, or painted or drawn upon rocks or other natural features, or upon utility poles.
(5) No sign may be permitted which is obsolete, not clean and in good repair, or that is not securely affixed to a substantial structure.
(6) No advertising device which is not in conformance with state law shall be permitted to be re-erected if destroyed or abandoned. An exception may be granted by the commissioner for advertising devices destroyed due to acts of vandalism or other criminal or tortious acts.
(b) An advertising device shall not be maintained without the attachment thereto of a weatherproof label, which label shall be provided by the commissioner of transportation, and shall contain the number of the permit.
(c) An advertising device shall not be maintained unless the name of the permittee appears legibly thereon. Whether a name appears legibly shall be determined by the commissioner of transportation in accordance with such standards as he may from time to time prescribe.
II. Size. With respect to advertising devices located in federal highway or turnpike adjacent areas or in view of any interstate, federal aid primary or turnpike highway:
(a) Advertising devices may be erected with, but only with, an area not exceeding 750 square feet and with a maximum height of 20 feet and a maximum length of 50 feet, excluding border and trim, base or apron, supports and other structural members; provided that the commissioner shall permit the maintenance of devices of larger size if lawfully erected prior to January 1, 1970 and otherwise permitted by the provisions of this subdivision.
(b) The maximum size limitations shall apply to each facing. Two advertising devices not exceeding 350 square feet each may be erected in a facing.
(c) Farm signs maintained under RSA 236:73, V-a may be erected with an area not exceeding 48 square feet and with a maximum height of 8 feet and maximum length of 12 feet, excluding border and trim, base or apron, supports, and other structural members; provided that the maximum size limitation shall apply to each facing. Two farm signs not exceeding 24 square feet each may be erected in a facing.
III. Lighting. Advertising devices located in federal highway or turnpike adjacent areas may be lighted, subject only to such restriction with respect to devices to be erected as may from time to time be prescribed by the commissioner.
IV. Location. With respect to advertising devices located in federal highway or turnpike adjacent areas:
(a) Advertising devices shall not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic, as determined by the commissioner.
(b) Required spacing for advertising devices to be erected or maintained on one side of an interstate, turnpike or limited access federal aid primary highway shall be not less than 500 feet provided, however, that such spacing shall not apply to devices which are separated by a building or other obstruction in such manner that only one such device is visible from such highway at any one time.
(c) No advertising device may be erected with respect to an interstate, limited access federal aid primary, or turnpike highway within 500 feet of an interchange or safety rest area located on the same side of the highway on which such sign might otherwise be erected. For purposes of RSA 236:74, IV(c) such distance of 500 feet shall be measured along the edge of the main traveled way of any such highway from the point of beginning or ending of pavement widening with respect to an exit from, or an entrance to, such main traveled way, to or from an interchange or a safety rest area, provided, however, that with respect to an interchange which consists of an entrance or an exit only, such distance shall be measured from the center line of the highway intersected by any such highway in the direction from such interchange in which there is no entrance or exit, as the case may be.
(d) Required spacing for advertising devices to be erected or maintained on one side of a nonlimited access federal aid primary highway in municipalities of 4,000 population or more shall be:
(1) One hundred feet where the distance between center lines of 2 highways intersecting any such highway is less than 1,000 feet provided that not more than 3 devices shall be erected or maintained between such intersecting highways; and
(2) Three hundred feet where the distance between center lines of intersecting highways is 1,000 feet or more.
(e) Required spacing for advertising devices to be erected or maintained on both sides of a nonlimited access federal aid primary highway in municipalities of less than 4,000 population shall be 300 feet.
(f) In this paragraph, the following shall apply: Back-to-back advertising devices, devices erected on a v-type structure, and 2 devices erected in a single facing shall be considered one advertising device. The word "highways" or the words "intersecting highways" shall not include alleys, undeveloped rights-of-way, private ways or driveways. Distances from advertising devices which are erected or maintained or are able to be erected, or distances to such devices, shall be measured along the edge (nearest to any such devices or any locations in which such devices are able to be erected) of the main traveled way of an interstate, federal aid primary or turnpike highway from or to points on such edge directly opposite such devices or locations. Advertising devices permitted under RSA 236:73, III, IV, and V shall not be considered advertising devices for purposes of any measurement or determination made under this paragraph, or for purposes of any other requirements of this paragraph. Advertising devices permitted under RSA 236:73, V-a shall not be considered advertising devices for purposes of any measurement or determination made under subparagraph (b), (d), or (e), but for such advertising devices to be erected or maintained on both sides of a federal aid primary highway, the required spacing shall be 1,000 feet.
(g) Farm signs to be erected or maintained under RSA 236:73, V-a shall be located not farther than 10 miles from the property where the advertised activities are located.
V. Height. With respect to advertising devices located adjacent to any interstate, federal aid primary, or turnpike highway, no advertising device shall exceed a height of 50 feet from the base of the structure.

Source. RSA 249-A:6. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1981, 87:1; 476:4, 5. 1985, 402:6, I(b)(7). 2000, 109:1, 2, eff. July 7, 2000.

Section 236:75

    236:75 No Advertisements of Any Kind Upon Certain Objects. – Notwithstanding any provisions of the law to the contrary, it shall be unlawful to affix, attach or display any advertisement upon any object of nature, utility pole, telephone booth, or highway sign, directly in such a manner that the object of nature, utility pole, telephone booth, or highway sign, is utilized as an integral part of the sign's support as distinguished from being only incidentally a support to the sign, such as the earth or ground upon which a sign is affixed. This prohibition shall extend to all primary and secondary highways and roads of and within the state without exception for any type of advertising. The owner of an object upon which an advertisement is placed in violation of this section shall be entitled to remove and destroy the advertisement and the advertisement owner shall not be entitled to damages or compensation therefor. The object owner shall be entitled to collect the costs associated with the removal and destruction from the advertisement owner or the person who is responsible for placing the advertisement on the object in violation of this section.

Source. RSA 249-A:6-a. 1973, 360:3. 1981, 87:1. 2003, 136:1, eff. Jan. 1, 2004.

Section 236:76

    236:76 Highways in Juxtaposition. – Nothing herein shall prevent an owner of land from using, or permitting the use of, his land for outdoor advertising purposes where said owner's land abuts a highway parallel to, or nearly parallel to and less than 660 feet from the edge of right-of-way of an interstate, federal aid primary or turnpike highway provided that the advertising or informative contents of advertising devices erected and maintained on said land shall not be visible from the main traveled way of an interstate, federal aid primary or turnpike highway.

Source. RSA 249-A:7. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1981, 87:1, eff. April 20, 1981.

Section 236:77

    236:77 Nonconforming Signs Lawfully Erected. – At any time following the end of the fifth year after a sign becomes nonconforming the commissioner of transportation may, by registered or certified mail, revoke the permit and order the removal of such nonconforming sign, which order shall be final on the date of mailing. Until the end of said 5-year period no nonconforming sign may be ordered to be removed unless it violates RSA 236:74, I(a), (b) or (c). In no event, however, may a nonconforming sign be ordered removed from a federal highway adjacent area if its removal would require just compensation to be paid pursuant to RSA 236:80 and the federal share of just compensation to be paid under section 131 of Title 23, United States Code, is not available to make such payment.

Source. RSA 249-A:8. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1979, 242:3. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:78

    236:78 Denial or Revocation of License or Permit; Nuisances; Orders for Removal. –
I. A license under this subdivision may be denied or revoked, or a renewal denied, only: (a) for false or misleading information given in the application for such license or renewal or (b) for the erection or maintenance of advertising devices in violation of the provisions of this subdivision or rules and regulations of the commissioner of transportation adopted pursuant to this subdivision. A permit under this subdivision may be denied or revoked, or a renewal denied only: (a) pursuant to RSA 236:77 or (b) for failure to obtain or have a license, or (c) for false or misleading information given in the application for such permit or renewal, or (d) for the erection or maintenance of the advertising device permitted or to be permitted in violation of the provisions of this subdivision or rules and regulations adopted by the commissioner of transportation. The department shall notify an applicant, licensee, or permittee of a denial, nonrenewal, or revocation 30 days prior to taking final action. The applicant, licensee, or permittee may, within that 30 days, correct such information or violation, in which case the application, license, or permit shall be renewed or shall not be denied or revoked. The applicant, licensee, or permittee may also appeal the decision or action to the commissioner or designee within the 30-day period after such notice. Denial, revocation, and nonrenewal shall become final 30 days after such notice unless an appeal is filed. Hearings on denials, revocations, or nonrenewals shall be held in accordance with RSA 541-A. If a revocation of a license or permit or a determination that there should be a denial of a license or permit, or renewal thereof, is made after such a hearing the licensee or permittee, or applicant for such license or permit, or renewal thereof, shall have a right to a rehearing and a right of appeal as provided in RSA 541.
II. Any advertising device, other than a nonconforming sign or any other advertising device maintained under permit, which is erected or maintained in violation of this subdivision or the rules and regulations of the commissioner of transportation adopted pursuant hereto shall be deemed a nuisance. A determination that an advertising device is a nuisance and an order for its removal shall be made by the commissioner only after a hearing upon 30 days' notice in writing to the owner of such device, provided, however, that such a determination and order for removal may be made without a hearing and without notice where a permit for such a device has been revoked or denied or renewal of such permit has been denied. If the commissioner cannot reasonably ascertain the name and address of the owner of the device, notice may be given by 3 publications of notice in a newspaper in the county where the device is located once in each week for 3 successive weeks, the last publication to be at least 30 days prior to such hearing. The owner of the device may within such 30 days correct any violation of the provisions of this subdivision or the rules and regulations of the commissioner adopted pursuant hereto, and in such case the device shall not be required to be removed and no hearing will be held. Application for a license or permit within such 30 days shall be deemed a correction of any failure to obtain such a license or permit. If a determination that an advertising device is a nuisance is made after such a hearing, the owner of such device shall have a right to a rehearing and a right of appeal as provided in RSA 541. Notwithstanding any provisions of RSA 541, no advertising device shall be required to be removed prior to a final determination that the license or permit should be denied or revoked or renewal thereof denied or that such device is a nuisance.

Source. RSA 249-A:9. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1979, 242:4. 1981, 87:1. 1985, 402:6, I(b)(7). 1997, 34:1, eff. Jan. 1, 1998.

Section 236:79

    236:79 Removal. – After an order for removal has become final, the owner of the advertising device may remove it at his own expense. If such device has not been removed within 30 days after such an order has become final, the commissioner of transportation, or his duly authorized agents, may enter upon the property where it is located and remove it without incurring any liability by reason of such entry and at the expense of such owner.

Source. RSA 249-A:10. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:80

    236:80 Just Compensation. –
I. Just compensation shall be paid to the owner of the advertising device and to the owner of the land upon which it is located upon the removal, on or after January 1, 1970, of any such device required to be removed by reason of nonconformity with the provisions of this subdivision which is lawfully existing on January 1, 1970 or lawfully erected thereafter, provided no compensation shall be paid to the owner of any advertising device or to the owner of the land on which it is located if the reason for removal was failure to obtain a license or permit pursuant to RSA 236:71 and 72.
II. Each such removal, whether by the owner of the advertising device, by the commissioner of transportation, or otherwise, shall be deemed to constitute a taking by the state of the following:
(a) From the owner of such device, all right, title and interest in and to such device, and his leasehold related thereto.
(b) From the owner of the real property on which such device is located, the right to erect and maintain such device.
III. The foregoing right to compensation of the owner of land shall be in lieu of any right to receive or retain rental from the owner of such device for the sign location for the period after removal of such device, and such right to receive or retain rental shall terminate upon such removal.
IV. Such compensation shall be paid to the person or persons entitled thereto upon presentation to the commissioner of such information as he may reasonably require, provided that the claim for compensation is filed within 90 days after removal is completed.
V. If the commissioner and a claimant do not reach agreement on the amount of compensation payable to such claimant in respect to any removal within 120 days after the filing of such claim, the claimant may institute an action to have such compensation determined as an assessment of damages suffered by the claimant as of the date of the removal. Such an action shall be instituted by filing a petition for assessment of damages in the superior court, in the county wherein the advertising device and land are located, or wherein the claimant resides or has its principal place of business in this state. The petition shall be filed no later than one year after the filing with the commissioner of such compensation claim. The court shall assess the damages by jury, or by the court without the jury, and award interest from the date as of which damages are assessed, and costs, to the claimant.
VI. If funds become available, the commissioner of transportation is authorized to negotiate the removal of advertising devices prior to the end of the 5-year period and is authorized to pay just compensation.
VII. The provisions of RSA 498-A relative to eminent domain procedures shall not apply to this subdivision.

Source. RSA 249-A:11. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1973, 231:1, 2. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:81

    236:81 Penalty. – Whoever erects or maintains an advertising device in violation of the provisions hereof and required to be removed shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. RSA 249-A:12. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1973, 529:43. 1981, 87:1, eff. April 20, 1981.

Section 236:81-a

    236:81-a Injunctive Relief. – In addition to any other remedy provided by this subdivision or by law, the commissioner of the department of transportation may obtain a mandatory injunction to enjoin the violation of any provision of this subdivision relative to outdoor advertising control.

Source. 1988, 245:10, eff. June 29, 1988.

Section 236:82

    236:82 Acceptance of Federal Funds. – The commissioner of transportation may accept any allotment of funds by the United States, or any department or agency thereof, for the foregoing purposes.

Source. RSA 249-A:13. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:83

    236:83 Agreement With United States Secretary of Transportation Relating to the Erection of Advertising Devices. – The commissioner of transportation may enter into agreements with the Secretary of Transportation or appropriate federal official of the United States as provided by section 131 of Title 23, United States Code, provided that any such agreement shall be consistent with, and not more restrictive than, the provisions of this subdivision, except that the reclassification of the federal aid systems from time to time shall not be considered more restrictive than the provisions of this subdivision, and except that the agreement executed by the former commissioner of public works and highways and the federal highway administrator on June 14, 1963, under the provisions of this subdivision is hereby reaffirmed so that the commissioner of transportation may maintain the control required to receive and to continue to receive bonus payments from the federal government with respect to the control of outdoor advertising on the interstate system. Any expenditures of money by the commissioner in connection with agreements authorized by the section shall be payable from any funds available to the commissioner.

Source. RSA 249-A:14. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1987, 209:6, eff. July 14, 1987.

Section 236:84

    236:84 Rulemaking. –
I. The commissioner of transportation may adopt rules under RSA 541-A which are reasonable and consistent with, but not more restrictive than, the provisions of this subdivision relative to:
(a) Informational and directional signs; provided that the commissioner shall adopt rules relative to signs for churches.
(b) Applications for sign licenses.
(c) Applications for sign permits.
(d) Procedures relative to signs placed in accordance with RSA 236:88-a.
(e) Any other matters required in administering this subdivision.
II. The reclassification of a highway to or from the interstate, federal aid primary, or federal aid secondary system, or the designation of a highway to or from the turnpike system, shall not constitute the adoption of a rule under this section.

Source. RSA 249-A:15. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1987, 209:7. 2000, 65:1. 2001, 200:1, eff. Sept. 3, 2001.

Section 236:85

    236:85 Separability. – If any provisions of this subdivision or the application of such provisions to any person or circumstances shall be held invalid, the validity of the remainder of this subdivision and applicability of such provision to other persons or circumstances shall not be affected thereby.

Source. RSA 249-A:16. 1969, 429:1. 1971, 245:1. 1981, 87:1, eff. April 20, 1981.

Section 236:86

    236:86 Information Sites. –
I. The commissioner of transportation shall, in consultation with the Secretary of Transportation or appropriate federal official of the United States as provided by subsection (f) of section 131 of Title 23, United States Code, provide within the rights-of-way for areas at appropriate distances from interchanges on the interstate system, on which signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards.
II. The development of a cooperative information service at any rest area is authorized, subject to approval of the Secretary of Transportation or appropriate federal official, where applicable, in accordance with subsection (i) of section 131, of Title 23, United States Code. Such service shall be coordinated and controlled through the division of travel and tourism development, department of business and economic affairs, with the cooperation of the department of transportation, and these agencies shall have the responsibility of training any personnel which may be hired. Expanded information services may include, but not necessarily be limited to, sign plazas, racks of advertising brochures, computers, and equipment deemed by the division of travel and tourism development as necessary for the distribution of tourist-related information to the traveling public.
III. The fees collected pursuant to RSA 230:52, II shall be deposited in a special account for the division of travel and tourism development to be expended to create and maintain the cooperative information services, and for this purpose are hereby continually appropriated.
IV. Notwithstanding the provisions of paragraphs II and III, the division of travel and tourism development may utilize funds from the sale of posters, advertising, and promotional materials to purchase additional materials for resale. Any profit accruing from these sales shall be deposited to unrestricted general fund revenue.
V. Individual businesses and organizations may assist in development of an information service plan, with final approval given by and design designated by the division of travel and tourism development, and subject to approval of the Secretary of Transportation or appropriate federal official, where applicable, in accordance with subsection (i) of section 131, of Title 23, United States Code.

Source. RSA 249-A:17. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1987, 209:2. 1999, 250:2, eff. July 9, 1999; 317:12, eff. July 1, 1999. 2017, 156:14, II, eff. July 1, 2017.

Section 236:87

    236:87 School Bus Shelters. – School bus shelters for school children where used for or constructed to carry advertising matter, when approved by the superintending school committee of the town in which they are located, and upon payment of applicable license and permit fees may be placed or maintained outside the right-of-way and carry not more than 2 panels each thereon for the identification of sponsors. No such panel shall exceed 32 square feet or extend beyond the sides of such shelter and at least 60 percent of its area must be devoted to public service, safety or other noncommercial use. Each such shelter shall, to the satisfaction of the superintending school committee, be constructed of durable material, with concrete floor raised above ground level, kept clean, well painted or otherwise suitably maintained at all times and kept free from snow, or the commissioner may order its removal.

Source. RSA 249-A:18. 1971, 245:1. 1981, 87:1, eff. April 20, 1981.

Section 236:88

    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.

Source. RSA 249-A:19. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(a)(7). 2001, 200:2, eff. Sept. 3, 2001.

Section 236:88-a

    236:88-a Location/Direction Signs for Businesses Within Highway Rights-of-Way. –
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.
III. Any such sign shall:
(a) Not impose a danger to the traveling public.
(b) Not unreasonably interfere with the maintenance of the state right-of-way.
(c) Be permanently affixed to the ground.
(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.

Source. 2001, 200:3, eff. Sept. 3, 2001.

Section 236:89

    236:89 Repealed by 1981, 476:1, eff. Jan. 30, 1984. –

Control of Junk Yards and Automotive Recycling Yards

Section 236:90

    236:90 Policy. – It is hereby declared to be the policy of this state and in the public interest to provide for effective control of the establishment, use, and maintenance of junk yards adjacent to the interstate and turnpike systems in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.

Source. RSA 249-B:1. 1967, 252:1. 1971, 81:1. 1981, 87:1. 2008, 164:1, eff. Aug. 5, 2008.

Section 236:91

    236:91 Definitions. –
For the purpose of this subdivision, the following words and phrases shall be construed as follows:
I. "Effective control" means that by January 1, 1968, all junk yards located within 1,000 feet from the nearest edge of the right-of-way or visible from the main traveled way of the interstate and turnpike systems shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight.
II. "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
III. "Automobile graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
IV. "Junk yard" or "automotive recycling yard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automotive recycling yard, and includes garbage dumps and sanitary fills. The word does not include any motor vehicle dealers registered with the director of motor vehicles under RSA 261:104 and controlled under RSA 236:126.
V. The words "interstate system" shall mean any highways which are a part of the national system of interstate and defense highways described in subsection (d) of section 103 of Title 23, United States Code.
VI. [Repealed.]
VII. The words "turnpike system" shall mean all highways within this state which are a part of the Spaulding and the Central New Hampshire Turnpike established by RSA 237, and which are not defined as interstate system in paragraph V of this section.
VIII. The words "zoned industrial area" shall mean those areas zoned for industrial use pursuant to a municipal zoning ordinance, regulation or bylaw.
IX. The words "industrial activity" shall mean those activities generally recognized as heavy industrial by zoning authorities in the state. Except that none of the following shall be considered industrial activities:
(a) Outdoor advertising structures;
(b) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to wayside fresh produce stands;
(c) Activities normally and regularly in operation less than 3 months of the year;
(d) Transient or temporary activities;
(e) Activities not visible from the traffic lanes of the main traveled way;
(f) Activities more than 300 feet from the nearest edge of the main traveled way;
(g) Activities conducted in a building principally used as a residence;
(h) Railroad tracks, minor sidings and passenger depots;
(i) Junk yards, as defined in section 136, Title 23, United States Code.
X. The words "unzoned industrial area" shall mean the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 500 feet thereof which is:
(a) Located on the same side of the highway as the principal part of said activity, and
(b) Not used for residential or commercial purposes, and
(c) Not zoned by state or local law, regulation or ordinance.

Source. 1939, 50:1, 2. RL 165:22, 23. RSA 249-B:2; 267:1(a), 2. 1955, 275:1, pars. 22, 23. 1967, 252:1. 1971, 81:2, 3. 1981, 87:1; 146:5, XII; 146:7, III. 1992, 88:2. 2008, 164:2, 3, 8, eff. Aug. 5, 2008.

Section 236:92

    236:92 Rules and Regulations. – The commissioner of transportation is authorized to issue reasonable rules and regulations to provide for effective control of junk yards and automotive recycling yards in conformance with rules and regulations issued by an appropriate department or agency of the United States and pursuant to the declared policy of the state as set forth in RSA 236:90. Such rules and regulations shall include a regulation that where 2 or more unregistered, or old motor vehicles, no longer intended or in condition for legal use on the highways, or used parts or materials from motor vehicles which, taken together, include in bulk 2 or more vehicles are held on the property of a person or persons not operating an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automotive recycling yard in violation of RSA 236:111-129 the commissioner shall enforce the provisions of RSA 236:111-129.

Source. RSA 249-B:3. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:3, eff. Jan. 1, 1993.

Section 236:93

    236:93 Requirements for Operation or Maintenance. – A person shall not operate, establish or maintain a junk yard or automotive recycling yard under the provisions of this subdivision until he (1) has obtained a license to operate a junk yard or automotive recycling yard business and (2) has obtained a certificate of approval for the location of the junk yard or automotive recycling yard. Application for the license and the certificate of approved location shall be made in writing to the commissioner of transportation or his agent. The application must contain a description of the land to be included within the junk yard or automotive recycling yard, by reference to so-called permanent boundary markers.

Source. RSA 249-B:4. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:4, eff. Jan. 1, 1993.

Section 236:94

    236:94 Hearing. – A hearing on the application shall be held within the municipality. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and the notice shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than 7 days before the date of the hearing.

Source. RSA 249-B:5. 1967, 252:1. 1981, 87:1. 2008, 164:4, eff. Aug. 5, 2008.

Section 236:95

    236:95 License Requirements. – At the time and place set for hearing, the commissioner of transportation or his agent shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard or automotive recycling yard. In passing upon the application, he shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junk yard or automotive recycling yard, and to any other matter within the purposes of the subdivision.

Source. RSA 249-B:6. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:5, eff. Jan. 1, 1993.

Section 236:96

    236:96 Location Requirements. – At the time and place set for hearing, the commissioner of transportation or his or her agent shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof of legal ownership or right to the use of the property by the applicant for the license period, he or she shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering; and whether or not the use of the proposed location can be reasonably prevented from affecting the public health, safety, or morals by reason of offensive or unhealthy odors or smoke, or of other causes. In no case may a license be granted for a new junk yard or automotive recycling yard located less than 1,000 feet from the nearest edge of the right-of-way lines and visible from the main traveled way of the interstate system.

Source. RSA 249-B:7. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:6. 2008, 164:5, eff. Aug. 5, 2008.

Section 236:97

    236:97 Grant or Denial of Application; Appeal. – After the hearing the commissioner of transportation shall, within 2 weeks, make a finding as to whether or not the application should be granted, giving notice of his finding to the applicant by mail, postage prepaid, to the address given on the application. If approved by the commissioner of transportation, the license including the certificate of approved location shall be forthwith issued to remain in effect until the following April 1. License approval is personal to the applicant for a specific location and it is not assignable or transferable. Licenses shall be renewed annually thereafter on April 1, upon payment of the annual license fee without a hearing if all provisions of this subdivision are complied with during the license period, and if the applicant is not convicted of any type of larceny or of receiving stolen goods. A writ of certiorari lies from the denial of the application to the superior court of the county in which the proposed location is situated.

Source. RSA 249-B:8. 1967, 252:1. 1971, 81:4. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:98

    236:98 License Fees. – The annual license fee is $35 to be paid at the time the application is made and annually thereafter on April 1 in the event of renewal. If the application is not granted, the fee shall be returned to the applicant. All fees shall be deposited in the highway fund.

Source. RSA 249-B:9. 1967, 252:1. 1977, 563:47. 1981, 87:1, eff. April 20, 1981.

Section 236:99

    236:99 Established Junk Yards or Automotive Recycling Yards. – For the purposes of this subdivision the location of junk yards or automotive recycling yards already lawfully established are considered approved by the commissioner of transportation where located and the owner of the yard considered suitable for the issuance of a temporary license. Within 60 days from the passage of this subdivision, however, the owner shall furnish the commissioner of transportation the information as to location which is required in an application, together with the license fee, and the commissioner shall issue him a license valid until April 1, 1968, at which time the owner may apply for a renewal.

Source. RSA 249-B:10. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:7, eff. Jan. 1, 1993.

Section 236:100

    236:100 Nonconforming Established Junk Yards or Automotive Recycling Yards. – Notwithstanding any provision of this subdivision, any junk yard or automotive recycling yard in existence on October 22, 1965, which does not conform to the requirements of this subdivision and which as a practical matter cannot be screened, shall not be required to be removed until July 1, 1970.

Source. RSA 249-B:11. 1967, 252:1. 1981, 87:1. 1992, 88:8, eff. Jan. 1, 1993.

Section 236:101

    236:101 Application of Other Statutes. – If the provisions of this subdivision or the application of such provisions to any person or circumstances appear to conflict with the provisions of RSA 236:111-129 then the provisions of this subdivision shall take precedence.

Source. RSA 249-B:12. 1967, 252:1. 1981, 87:1, eff. April 20, 1981. 1999, 288:1, eff. Sept. 14, 1999.

Section 236:102

    236:102 Public Land. – All public land or reservations of the United States, state, city, town or other political subdivision which are adjacent to any portion of the interstate and turnpike systems shall be effectively controlled in accordance with the provisions of this subdivision.

Source. RSA 249-B:13. 1967, 252:1. 1971, 81:5. 1981, 87:1. 2008, 164:6, eff. Aug. 5, 2008.

Section 236:103

    236:103 Industrial Areas. – Notwithstanding any provision of this subdivision, junk yards, auto graveyards and scrap metal processing facilities may be operated within areas adjacent to the interstate system and the turnpike system which are within 1,000 feet of the nearest edge of the right-of-way and which are within a zoned industrial area, or which are within an unzoned industrial area but are used for industrial activities.

Source. RSA 249-B:14. 1967, 252:1. 1971, 81:6. 1981, 87:1, eff. April 20, 1981. 2009, 310:1, eff. Oct. 6, 2009.

Section 236:104

    236:104 Compensation. – Just compensation shall be paid the owner for the relocation, removal, or disposal of any junk yard lawfully established under state law, which is required to be removed, relocated, or disposed of pursuant to 23 U.S.C. ยง 136. No rights to compensation accrue until a taking or removal has occurred. Notwithstanding the foregoing provisions, no junk yard which does not conform with the provisions of this subdivision or any rule or regulation adopted under this subdivision, shall be required to be relocated, removed or disposed of at any time if the federal share of just compensation is not available to make such payment.

Source. RSA 249-B:15. 1967, 252:1. 1979, 146:1. 1981, 87:1, eff. April 20, 1981.

Section 236:105

    236:105 Acceptance of Federal Funds. – The commissioner of transportation may accept any allotment of funds by the United States, or any department or agency thereof, for the foregoing purposes. The commissioner is authorized to landscape, screen or acquire land or interest in land as may be required to effectively control junk yards in accordance with the provisions of this subdivision. The commissioner is further authorized to expend funds made available for these purposes.

Source. RSA 249-B:16. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:106

    236:106 Penalty. – A person shall be guilty of a violation for each day or fraction thereof in which he is in violation of the provisions of this subdivision. All fines collected hereunder shall be deposited in the highway fund.

Source. 1939, 50:4. RL 165:25. RSA 249-B:17; 267:4. 1967, 252:1. 1973, 528:151; 531:77. 1981, 87:1, eff. April 20, 1981.

Section 236:107

    236:107 Injunction. – In addition to the penalty in RSA 236:106 the commissioner of transportation may obtain a mandatory injunction to end the violation.

Source. RSA 249-B:18. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:108

    236:108 Limitation on Subdivision. – The provisions of this subdivision shall be declared to be null and void by the governor at any time when such action is recommended by the commissioner of transportation because the operation of said subdivision is no longer necessary (1) to comply with federal laws and regulations and such laws and regulations are supported with federal funds on a matching basis and (2) to protect the integrity of federal aid highway apportionments or (3) to insure collection of any bonus funds which may be made available to the state by the federal government in connection with this subdivision. After the date so declared by the governor, this subdivision shall not be effective.

Source. RSA 249-B:19. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).

Section 236:109

    236:109 Right to Enter. – The commissioner of transportation or his representative at his discretion may enter a junk yard or automotive recycling yard for inspection without incurring any liability to the property owner or junk yard or automotive recycling yard owner.

Source. RSA 249-B:20. 1971, 81:7. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:9, eff. Jan. 1, 1993.

Section 236:110

    236:110 Collection and Disposal of Recycling Vehicles. – Notwithstanding any provision of this subdivision, the commissioner of transportation or his representative is authorized to collect and dispose of individual recycling motor vehicles from private lands adjacent to and in view of any federal aid highway, provided that owners agree to such collection and disposal and further agree that in the future no other recycling vehicles will be placed in the view of the traveled way, and providing that federal funds are or become available for this purpose.

Source. RSA 249-B:21. 1973, 38:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:10, eff. Jan. 1, 1993.

Motor Vehicle Recycling Yards and Junk Yards

Section 236:111

    236:111 Purposes. – This subdivision is adopted under the police power of the state to conserve and safeguard the public safety, health, morals, and welfare, and to further the economic growth and stability of the people of the state through encouragement to the development of the tourist industry within the state. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion. In addition, such an environment is considered essential to the maintenance and continued development of the tourist and recreational industry which is hereby declared to be of significant and proven importance to the economy of the state and the general welfare of its citizens. At the same time, it is recognized that the maintenance of junk yards as defined in this subdivision, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this subdivision.

Source. RSA 267-A:1. 1965, 372:1. 1981, 87:1. 1999, 288:2. 2002, 27:1, eff. July 1, 2002.

Section 236:111-a

    236:111-a Scope. –
I. Except as provided by 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.
II. The provisions of this subdivision shall not apply to any junk yard that is also a type of solid waste management facility listed below and approved under RSA 149-M, including any such solid waste management facility approved prior to May 1, 1989:
(a) Landfills;
(b) Incinerators and other processing or treatment facilities, not including automotive recycling yards; and
(c) Transfer stations that collect, store, and transfer municipal solid waste, whether or not they also collect:
(1) Source separated waste derived from motor vehicles, such as tires, lead acid batteries, or used oil; and/or
(2) Common household or commercial machinery, such as appliances, office equipment, or lawn mowers.
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.

Source. 1989, 95:1. 2002, 27:2, eff. July 1, 2002; 228:1, 2, eff. July 1, 2002 at 12:01 a.m.

Section 236:112

    236:112 Definitions. –
For the purposes of this subdivision:
I. "Junk yard" means a place used for storing and keeping, or storing and selling, trading, or otherwise transferring old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, steel, or other old or scrap ferrous or nonferrous material. As used in this subdivision, the term includes, but is not limited to, the following types of junk yards:
(a) Automotive recycling yards, meaning a motor vehicle junk yard, as identified in subparagraph (c), the primary purpose of which is to salvage multiple motor vehicle parts and materials for recycling or reuse;
(b) Machinery junk yards, as defined in paragraph III; and
(c) Motor vehicle junk yards, meaning any place, not including the principal place of business of any motor vehicle dealer registered with the director of motor vehicles under RSA 261:104 and controlled under RSA 236:126, where the following are stored or deposited in a quantity equal in bulk to 2 or more motor vehicles:
(1) Motor vehicles which are no longer intended or in condition for legal use according to their original purpose including motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap; and/or
(2) Used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded or secondhand material which has been a part, or intended to be a part, of any motor vehicle.
II. "Local governing body" means the mayor and board of aldermen or the council of a city, the selectmen of a town, or the commissioners of a village district.
III. "Machinery junk yard" means any yard or field used as a place of storage in which there is displayed to the public view, junk machinery or scrap metal that occupies an area of 500 square feet.
IV. "Motor vehicle" means "motor vehicle" as defined by RSA 259:60, I, namely, any self-propelled vehicle not operated exclusively upon stationary tracks, including ski area vehicles.
V. "Motor vehicle dealer."
(a) "New motor vehicle dealer" means every person principally engaged in the business of buying, selling or exchanging new and secondhand motor vehicles, or tractors on commission or otherwise who maintains in operating condition, and in operation, and at which the dealer does a major portion of his business a place of business capable of housing indoors in one building in an area of 1200 square feet, 5 average-sized automobiles, devoted to the motor vehicle, or tractor business and gives mechanical service on the same and who holds a written contract with a manufacturer giving such person selling rights for new motor vehicles, or tractors, or with a distributor of such vehicles who, as such distributor, holds a manufacturer's franchise or contract giving selling rights on new motor vehicles, or tractors.
(b) "Used motor vehicle dealer" means every person or firm principally engaged in the business of buying, selling and exchanging secondhand motor vehicles or tractors, who maintains in operating condition and in operation and at which the dealer does the major portion of his business a place of business capable of housing indoors in one building, in an area of at least 1200 square feet, 5 average-sized motor vehicles devoted to the used motor vehicles, or tractor business, and gives mechanical service on the same and at which the repair of used motor vehicles, or tractors is subordinate or incidental to the business of buying, selling and exchanging the same.
(c) "Junk motor vehicle dealer" means any person or firm who has an established place of business at which he is engaged in the business of buying secondhand motor vehicles for the purpose of taking the same apart, or buying, and selling parts of secondhand motor vehicles, or tires, for the assembling of secondhand motor vehicle parts.

Source. 1939, 50:1. RL 165:22. RSA 267:1(b); 267-A:2. 1955, 275:1, par. 22. 1965, 372:1. 1967, 372:2. 1981, 87:1. 1985, 103:7. 2002, 27:3, 4, eff. July 1, 2002.

Section 236:113

    236:113 Minimum Area Waiver Authorized. – The director of motor vehicles may in his discretion and after a public hearing waive the minimum 1200 square foot requirement specified in RSA 236:112, V(a) and (b).

Source. RSA 267-A:2-a. 1975, 121:2. 1981, 87:1, eff. April 20, 1981.

Section 236:114

    236:114 Requirement for Operation or Maintenance. – A person shall not operate, establish, or maintain a junk yard or machinery junk yard until he (1) has obtained a license to operate a junk yard business and (2) has obtained a certificate of approval for the location of the junk yard.

Source. RSA 267-A:3. 1965, 372:1. 1981, 87:1, eff. April 20, 1981.

Section 236:115

    236:115 Application for License and Certificate of Approval. –
Application for the license and the certificate of approved location shall be made in writing to the local governing body of the municipality where it is proposed to locate the junk yard or automotive recycling yard. In municipalities having a zoning ordinance and a zoning board of adjustment, the application must be accompanied by a certificate from the board of adjustment that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of the zoning ordinance. The application shall include:
I. A description of the land to be included within the junk yard or automotive recycling yard, by reference to so-called permanent boundary markers.
II. Certification of compliance with best management practices established by the department of environmental services, for applications to establish automotive recycling yards and motor vehicle junk yards.

Source. RSA 267-A:4. 1965, 372:1. 1981, 87:1. 1985, 103:8. 1992, 88:12. 2006, 100:1, eff. Jan. 1, 2007.

Section 236:116

    236:116 Time of Hearing. – A hearing on the application shall be held within the municipality not less than 2 nor more than 4 weeks from the date of the receipt of the application by the local governing body. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and the notice shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than 7 days before the date of the hearing.

Source. RSA 267-A:5. 1965, 372:1. 1981, 87:1. 1985, 103:9, eff. Jan. 1, 1986.

Section 236:117

    236:117 License Requirements. – At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard or automotive recycling yard. In passing upon the application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junk yard or automotive recycling yard, to any record of convictions for any type of larceny or receiving of stolen goods, and to any other matter within the purposes of this subdivision.

Source. RSA 267-A:6. 1965, 372:1. 1981, 87:1. 1985, 103:10. 1992, 88:13, eff. Jan. 1, 1993.

Section 236:118

    236:118 Location Requirements. –
I. At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof of legal ownership or right to the use of the property by the applicant for the license period, it shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gatherings; and whether or not the use of that proposed location can be reasonably prevented from affecting the public health, safety, or morals by reason of offensive or unhealthy odors or smoke, or of other causes.
II. In no case may a license be granted for a new junk yard or automotive recycling yard located less than 1,000 feet from the right-of-way lines of an interstate highway.
III. Unless a lesser setback is allowed by local zoning ordinance, or an ordinance adopted pursuant to paragraph IV, in no case may a license be granted for a new junk yard or automotive recycling yard located:
(a) Less than 660 feet from the right-of-way lines of a non-interstate class I, class II, class III, or class III-a highway; or
(b) Less than 300 feet from the right-of-way lines of class IV, class V, and class VI highways.
IV. In a municipality that has not enacted a zoning ordinance, the local governing body may adopt an ordinance establishing lesser setback requirements than those established in paragraph III.

Source. RSA 267-A:7. 1965, 372:1. 1981, 87:1. 1985, 103:11. 1992, 265:182; 265:21. 2008, 164:7, eff. Aug. 5, 2008. 2012, 108:1, eff. July 28, 2012.

Section 236:119

    236:119 Nuisance. – Any junk yard or machinery junk yard located or maintained in violation of the provisions of this subdivision is hereby declared a nuisance, and the same may be abated on complaint of any prosecuting officer as provided in RSA 236:128.

Source. 1939, 50:3. RL 165:24. RSA 267:3. 1955, 275:1, par. 24. 1981, 87:1. 2003, 118:1, eff. Jan. 1, 2004.

Section 236:120

    236:120 Aesthetic Considerations. – At the hearing regarding location of the junk yard or automotive recycling yard, the local governing body may also take into account the clean, wholesome, and attractive environment which has been declared to be of vital importance to the continued stability and development of the tourist and recreational industry of the state and the general welfare of its citizens by considering whether or not the use of the proposed location can be reasonably prevented from having an unfavorable effect thereon. In this connection the local governing body may consider collectively the type of road servicing the junk yard or automotive recycling yard or from which the junk yard or automotive recycling yard may be seen, the natural or artificial barriers protecting the junk yard or automotive recycling yard from view, the proximity of the proposed junk yard or automotive recycling yard to established tourist and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for the junk yard or automotive recycling yard.

Source. RSA 267-A:8. 1965, 372:1. 1981, 87:1. 1985, 103:12. 1992, 88:15, eff. Jan. 1, 1993.

Section 236:121

    236:121 Grant or Denial of Application; Renewal; Appeal. –
I. After the hearing the local governing body shall, within 2 weeks, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application. If approved, the license, including the certificate of approved location, shall be forthwith issued to remain in effect until the following July 1. Approval is personal to the applicant and is not assignable.
II. Licenses shall be renewed thereafter upon payment of the annual license fee without a hearing, if all provisions of this subdivision are complied with during the license period, if the junk yard does not become a public nuisance under the common law or is not a nuisance under RSA 236:119, and if the applicant is not convicted of any type of larceny or of receiving stolen goods. In addition, applications to renew a license to operate an automotive recycling yard or motor vehicle junk yard shall include certification of compliance with best management practices established by the department of environmental services for the automobile salvage industry.
III. A writ of certiorari lies from the denial of the application to the superior court of the county in which the proposed location is situated.

Source. RSA 267-A:9. 1965, 372:1. 1981, 87:1. 1985, 103:13. 2006, 100:2, eff. Jan. 1, 2007. 2009, 120:1, eff. July 1, 2009.

Section 236:122

    236:122 License Fees. – The annual license fee is not more than $250 to be paid at the time the application is made and annually thereafter in the event of renewal. If the application is not granted, the fee shall be returned to the applicant.

Source. RSA 267-A:10. 1965, 372:1. 1981, 87:1. 2006, 71:1, eff. April 25, 2006.

Section 236:123

    236:123 Fencing. – Before use, a new junk yard or automotive recycling yard shall be completely surrounded with a solidly constructed fence at least 6 feet in height which substantially screens the area and with a suitable gate which shall be closed and locked except during the working hours of the junk yard or automotive recycling yard or when the applicant or his agent is within. All motor vehicles and parts stored or deposited by the applicant shall be kept within the enclosure of the junk yard or automotive recycling yard except as removal is necessary for its transportation in the reasonable course of the business. All wrecking or other work on such motor vehicles and parts and all burning of vehicles shall be accomplished within the enclosure. Where the topography, natural growth of timber, a natural barrier, or other considerations accomplish the purposes of this subdivision in whole or in part, the fencing requirements hereunder may be reduced by the local governing body, upon granting the license. Any citizen of the municipality may apply for writ of certiorari to the superior court for the county in which the new junk yard or automotive recycling yard is located to review the action of the local governing body.

Source. RSA 267-A:11. 1965, 372:1. 1981, 87:1. 1985, 103:14. 1992, 88:16, eff. Jan. 1, 1993.

Section 236:124

    236:124 Effect of Local Ordinances. – This subdivision is not in derogation of zoning ordinances or ordinances for the control of junk yards now or hereafter established within the proper exercise of the police power granted to municipalities, but rather is in aid thereof. Specific local ordinances shall control when in conflict with this subdivision.

Source. RSA 267-A:12. 1965, 372:1. 1981, 87:1, eff. April 20, 1981.

Section 236:125

    236:125 Established Junk Yards or Automotive Recycling Yards. – For the purposes of this subdivision the location of junk yards or automotive recycling yards already established are considered approved by the local governing body of the municipality where located and the owner of the yard considered suitable for the issuance of a license. Within 60 days from the passage of this subdivision, however, the owner shall furnish the local governing body the information as to location which is required in an application, together with the license fee, and the local governing body shall issue him a license valid until April 1, 1966, at which time the owner may apply for a renewal. The owner shall comply with all other provisions of this subdivision including the fencing requirements set forth in RSA 236:123.

Source. RSA 267-A:13. 1965, 372:1. 1981, 87:1. 1985, 103:15. 1992, 88:17, eff. Jan. 1, 1993.

Section 236:126

    236:126 Motor Vehicle Dealers. – Both new and used car dealers are hereby required to remove from their premises registered with the director of motor vehicles as their principal place of business any motor vehicle which is of the type referred to in RSA 236:112, I, under the definition of junk yard, within at least 160 days from the date of its original entrance thereon. Any other location within the same community used by such dealer shall be subject to the terms of this subdivision if in its operation it falls within the confines of the definition of the term junk yard as defined in this subdivision.

Source. RSA 267-A:14. 1965, 372:1. 1969, 189:1. 1981, 87:1, eff. April 20, 1981.

Section 236:127

    236:127 Penalty. – Any person who is in violation of any provisions of this subdivision shall be guilty of a violation and each day or fraction thereof shall constitute a separate offense.

Source. RSA 267-A:15. 1965, 372:1. 1973, 531:89. 1981, 87:1, eff. April 20, 1981.

Section 236:128

    236:128 Local Enforcement; Injunction; Civil Penalties. –
The governing body, elected or appointed officers or other appointed agents of a town, city, or unincorporated place, or a private person pursuant to RSA 236:129 may initiate proceedings for the enforcement of the provisions of this subdivision. In addition to the criminal penalty in RSA 236:127, enforcement may be by the following:
I. The local governing body may obtain a mandatory injunction to end the violation.
II. If the local governing body does not obtain such an injunction the attorney general may obtain an injunction in the name of the state.
III. The local governing body or other enforcement official of the town, city, or unincorporated place, after providing notice, may impose a civil penalty of up to $50 for each day upon any person whose land is deemed a nuisance pursuant to RSA 236:119 until such time as the nuisance is removed or abated to the satisfaction of the governing body, or until the owner of the land acquires a license and is in compliance with the provisions of this subdivision. The building inspector or other local official with the authority to enforce the provisions of this section may commence an action to collect the civil penalty in the district court. Imposition of a civil penalty under this paragraph shall not relieve the owner of any requirement to comply with the provisions of this subdivision, nor shall it preclude the imposition of further actions or remedies under this chapter. The proceeds from the assessment of civil penalties under this section shall be for the use of the town, city, or unincorporated place. This paragraph shall not apply to automotive recycling yards and junkyards properly licensed or pending license renewal under this subdivision.

Source. RSA 267-A:16. 1965, 372:1. 1981, 87:1. 1985, 103:16. 2003, 118:2, eff. Jan. 1, 2004.

Section 236:129

    236:129 Private Persons. – Any person owning real property whose property is directly affected by the site of a junk yard or automotive recycling yard maintained in violation of the provisions of this subdivision may in writing addressed to the local governing body request the local governing body to take appropriate action under this subdivision. A copy of the written communication to the local governing body shall be mailed to the person complained of. If the local governing body shall not, within 30 days thereafter, make a determination that a junk yard or automotive recycling yard does exist and issue the appropriate order, such person may, in his own name and in his own right, seek appropriate injunctive relief for the enforcement of this subdivision in the superior court.

Source. RSA 267-A:17. 1967, 372:1. 1969, 415:1. 1981, 87:1. 1985, 103:17. 1992, 88:18, eff. Jan. 1, 1993.

Highway Video Surveillance

Section 236:130

    236:130 Highway Surveillance Prohibited. –
I. In this subdivision, "surveillance" means the act of determining the ownership of a motor vehicle or the identity of a motor vehicle's occupants on the public ways of the state or its political subdivisions through the use of a camera or other imaging device or any other device, including but not limited to a transponder, cellular telephone, global positioning satellite, or radio frequency identification device, that by itself or in conjunction with other devices or information can be used to determine the ownership of a motor vehicle or the identity of a motor vehicle' s occupants.
II. Neither the state of New Hampshire nor its political subdivisions shall engage in surveillance on any public ways of the state or its political subdivisions.
III. The prohibition set forth in paragraph II shall not apply where surveillance:
(a) Is specifically authorized by statute;
(b) Is undertaken on a case-by-case basis in the investigation of a particular violation, misdemeanor, or felony;
(c) Is undertaken to produce images or data that:
(1) Are viewed only at the transportation management center of the department of transportation in connection with a particular incident occurring on a public way; and
(2) Are not recorded;
(d) Is incidental to the monitoring of a building or other structure under the control of the state or a political subdivision of the state;
(e) Is undertaken for purposes of operation of the toll collection system; or
(f) Is undertaken for the security of the following bridges and approach structures: I-95 Piscataqua River Bridge, Sarah Mildred Long Bridge, and the Memorial Bridge, all in Portsmouth.
(g) Is undertaken for security and to facilitate law enforcement in the investigation of criminal activity at the state-owned park and ride facilities that provide regularly scheduled public transit service listed below. A video recording may only be retrieved from the department of transportation's transportation management center, subject to its availability. The storage of any video recording shall be limited by the storage capacity of the individual server at each facility. No video recording shall be stored longer than 24 days. Any video recordings requested and retrieved prior to expiration may only be used by the requesting party for a lawful purpose, including as evidence in a judicial or administrative proceeding, and shall be copied and retained by the department of transportation's transportation management center for no longer than 18 months from the date of the recording. The state-owned park and ride facilities which conduct video surveillance shall display signage indicating the presence of 24 hour video cameras.
(1) I-93 Exit 2 in Salem.
(2) I-93 Exit 4 in Londonderry.
(3) I-93 Exit 5 in Londonderry.
(4) I-93 Exit 14 in Concord.
(5) I-95 Exit 3 in Portsmouth.
(6) Spaulding Turnpike Exit 9 in Dover.
(7) Everett Turnpike Exit 8 in Nashua.
(8) I-89 Exit 12 in New London.
(9) NH Route 101 Exit 7 in Epping.
(10) Any future state-owned park and ride facilities that provide regularly scheduled public transit service.
IV. Nothing in this section shall prevent the creation, transmission, or recording of any images or data which cannot, by enhancement, manipulation, or otherwise, be used for surveillance.
V. Any person violating the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. 2006, 107:1. 2007, 335:2, eff. July 16, 2007. 2013, 186:10, eff. Aug. 31, 2013. 2014, 272:1, eff. Sept. 26, 2014.

Section 236:131

    236:131 Information From Other Sources. – Neither the state of New Hampshire nor its political subdivisions shall obtain from others, including private businesses and federal and state governments, any information that it is prohibited from obtaining under the provisions of RSA 236:130.

Source. 2006, 107:1, eff. July 1, 2006.

Electric Vehicle Charging Stations

Section 236:132

    236:132 Definitions. –
In this subdivision:
I. "Battery electric vehicle" means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack and uses a flywheel or capacitor that stores energy produced by an electric motor or through regenerative braking to assist in vehicle operation.
II. "Electric vehicle" means any battery electric vehicle, fuel cell electric vehicle, or plug-in hybrid electric vehicle.
III. "Fuel cell electric vehicle" means any vehicle that operates solely by use of a hydrogen fuel cell.
IV. "Hybrid electric vehicle" means a motor vehicle that allows power to be delivered to the driver wheels solely by a battery-powered electric motor that also incorporates the use of a combustion engine to provide power to the battery, or any vehicle that allows power to be delivered to the driver wheels by either a combustion engine or by a battery-powered electric motor, or both.
V. "Plug-in hybrid electric vehicle" means a hybrid electric vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion.
VI. "Electronic vehicle charging station" means an electric component or cluster of component assemblies designed specifically to charge an electric vehicle battery by transferring electric energy to a battery or a storage device in the vehicle.
VII. "Public electric vehicle charging station" means a charging station, electric recharging point, charging point, or electric vehicle supply equipment, which is an element in an infrastructure that supplies electricity for the recharging of plug-in electric vehicles, including all-electric cars, neighborhood electric vehicles, and plug-in hybrids, and which allows any electric vehicle owner or operator to access and use the charging station, located at a publicly available parking space.
VIII. "Publicly available parking space" means a parking space that has been designated by a property owner or lessee to be available to, and accessibly by, the public and may include on-street parking spaces and parking spaces in surface lots or parking garages, but shall not include: (a) a parking space that is part of, or associated with, a private residence; (b) a parking space that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, such as employees, tenants, visitors, or residents of a common interest development, or residents of an adjacent building; or (c) a parking space reserved for persons who are blind and persons with walking disabilities as defined in RSA 259:124.

Source. 2018, 262:1, eff. Aug. 11, 2018.

Section 236:133

    236:133 Operation of Electric Vehicle Charging Stations; Signage. –
I. The department of transportation shall coordinate with the Federal Highway Administration (FHWA) to ensure sufficient and up-to-date coverage of uniform signage on federal highways using the "Alternative Electric Vehicle Charging Symbol Sign."
II. The department of transportation shall develop and install uniform signage consistent with FHWA's Manual on Uniform Traffic Control Devices for use on state roadways to direct drivers to charging and hydrogen fueling stations.
III. All publicly funded chargers installed after the effective date of this paragraph that are accessible to the public shall be equipped to enable universal access.
IV. An owner of an electric vehicle charging station shall not be deemed to be a "utility," "public utility," or "public service company" solely by virtue of the fact that such an owner is an owner of an electric vehicle charging station. All electricity distribution companies shall make available in tariffs terms and rates for electronic vehicle charging stations and offer such information to the public.
V. The public utilities commission shall:
(a) Within 2 years, consider and determine whether it is appropriate to implement any of the following rate design standards for electric companies and public service companies:
(1) Cost of service;
(2) Prohibition of declining block rates;
(3) Time of day rates;
(4) Seasonal rates;
(5) Interruptible rates;
(6) Load management techniques; and
(7) Demand charges.
(b) Consider and determine whether it is appropriate to implement electric vehicle time of day rates for residential and commercial customers. The standards for determination of such implementation shall include consideration whether such implementation would encourage energy conservation, optimal and efficient use of facilities and resources by an electric company, and equitable rates for electric consumers.
VI. The owner or operator of a public electric vehicle charging station that requires payment of a fee shall provide multiple payment options that allow access by the public.
VII. The owner or operator of a public electric vehicle charging station shall disclose the location and characteristics of each such public electric vehicle charging station, including, but not limited to, the address, voltage, and timing restrictions, to the federal database operated by the United States Department of Energy Alternative Fuels Data Center.

Source. 2018, 262:1, eff. Aug. 11, 2018.

Section 236:134

    236:134 Prohibitions and Restrictions. –
I. No person shall park in a space equipped with a public electric vehicle charging station, unless such person is operating a plug-in hybrid electric vehicle or battery electric vehicle.
II. The owner or operator of a public electric vehicle charging station may impose restrictions on the amount of time that an electric vehicle may be charged at the charging station.
III. Owners or operators of public electric vehicle charging stations that require payment of a fee shall not require persons desiring to use such public electric vehicle charging station to pay a subscription fee or otherwise obtain a membership in any club, association, or organization as a condition of using such public electric vehicle charging station, but may have different price schedules that are conditioned on a subscription or membership in a club, association, or organization.

Source. 2018, 262:1, eff. Aug. 11, 2018.