Title XX, Transportation

I. Prior to any work being done by an individual contractor on any state transportation project carried out under this subdivision, such contractor, including all subcontractors and independent contractors, working on a highway, bridge, or other construction, reconstruction, alte…

I. The department of transportation is authorized to employ a permanent full time maintenance crew for the Piscataqua river bridge between the city of Portsmouth and the town of Kittery, Maine. The personnel of said crew shall be responsible for the maintenance of said bridge pur…

The commissioner shall annually report to the governor and council the work done and expenditures incurred by his department for the fiscal year ending June 30.

The commissioner may authorize the destruction of papers or records not having a permanent or historical value at the end of 7 years from the making thereof; provided, however, that the rules and regulations of the director of the division of archives and records management, as p…

Copies of records, papers and plans in the office of the commissioner, when certified by the commissioner or assistant commissioner under oath to be true copies, shall be evidence in like manner as the originals.

Upon the application of any county, city, town, or unincorporated place, the commissioner may furnish to it, free of charge, the services of an engineer for the purpose of consultation and advice on matters pertaining to highways.

Upon request of a city, town or unincorporated place, the commissioner shall provide any necessary road inspection services to assist cities, towns and unincorporated places to develop long-range plans relative to highway construction and maintenance. Such services may include, b…

Any highway welcome sign erected at the state border by the department of transportation shall prominently display the state motto: "Live Free or Die."

The department of transportation shall consider wildlife corridors and habitat strongholds as defined in RSA 207:1 in road mitigation projects and where feasible as determined by the department, including stream crossings, with expansion of capacity and redesign of culverts for p…

The commissioner may provide for the holding of meetings of town and city highway agents at convenient points within the state, at which advice and instruction shall be given relative to the care and maintenance of local highways; and any town or city highway agent attending such…

It shall be the duty of the commissioner to provide some competent representative who shall periodically confer and advise with the highway agent or agents of each town and city within the state as to the best methods of care and maintenance of local highways within the respectiv…

The commissioner may, on request of any city or town, perform work of maintenance and repair, including the furnishing of labor and materials, on any town or city road, bridge or any other property used in connection with highways, or on the request of any state department or ins…

The performance of contracts for all state transportation projects shall be inspected to assure compliance with the plans and specifications. The department shall require inspection service by one of the following methods: (a) by the registered architect or professional engineer …

Whenever the commissioner is of the opinion that the cost of repairs to a highway, structure or facility should be reimbursed, in whole or in part, by a person, company or corporation, he may, in the first instance, charge the cost of the repairs to the special account establishe…

With the approval of the governor and council the commissioner of transportation is hereby authorized to classify as a class I highway any existing or proposed public highway which is needed to provide essential highway transportation services from a military reservation or defen…

The commissioner of transportation is authorized to accept federal funds for the construction, improvement or maintenance of highways classified in RSA 228:51.

When a military reservation or defense industry or activity is closed or it is determined that the highways classified in RSA 228:51 are no longer necessary the commissioner of transportation is authorized with the approval of governor and council to revert any such highway to it…

As used in this subdivision, the following terms shall have the following meanings: I. "Agent for the state" shall mean the commissioner of transportation as agent for the state as that term is used in the Regional Rail Reorganization Act of 1973, and any amendments thereto or ot…

I. Whenever the department shall be of the opinion, after a hearing had upon its own motion or upon complaint, that any part of a common carrier of passengers or freight within the state reasonably requires alteration or reconstruction, or that the rules, practices, equipment, ap…

Notwithstanding any provisions of the law to the contrary, the commissioner, as sole agent for the state, and with the approval of the governor and council, is authorized to acquire, by purchase or condemnation, or otherwise, such portion or portions of the rail property of any r…

The commissioner as sole agent for the state, with the approval of the governor and council, is authorized to sell, transfer or lease all or any part of the rail properties, and other property acquired under the provisions of this subdivision, to any responsible person, firm or c…

I. Notwithstanding RSA 228:57, portions of real estate owned by the state and managed by the bureau of rail and transit in the department of transportation that are on the shores of public waters, as defined by RSA 271:20, may be leased for private, noncommercial use by owners of…

After acquiring said railroad lines within the state of New Hampshire, the commissioner, with approval of governor and council, is authorized to assist any responsible person, firm or corporation to secure as promptly as possible after such events, from the interstate commerce co…

If the commissioner is unable to acquire the rail properties of any railroad, or any part thereof, by purchase or otherwise, he or she may proceed to condemn all or any such portion of such property. In all such condemnation proceedings, the legislative determination herein made …

The department is further authorized to: I. Cooperate with the department of administrative services in long range capital planning to meet the needs of the state, as may be requested by the governor and council and subject to their approval. II. Assist any using agency or instit…

The commissioner is hereby authorized to take whatever steps are necessary in order to determine the absolute fee simple title ownership of all such rail properties of any railroad within the state of New Hampshire. Such determination is to include the status of such rail propert…

I. No railroad right-of-way in this state shall be used for any purpose that would unreasonably limit the ability to restore rail service over the right-of-way at minimum cost if such service were to be required in the future. II. If the commissioner is unable to acquire a railro…

I. All rail properties within the state offered for sale by any railway corporation after July 1, 1990, shall be offered for sale in writing to the commissioner in the first instance. In no event shall a railroad corporation offer to sell or otherwise dispose of rail properties t…

I. The commissioner is authorized to enter into agreements, with owners of railroad rights-of-way on which railroad service has been abandoned, for preservation intact of railroad right-of-way corridors. Any such agreement shall provide: (a) That a specifically identified railroa…

The commissioner is authorized to cooperate with other states in connection with the purchase of any rail properties within the state of New Hampshire. The commissioner is also authorized to acquire trackage rights in other states and rail properties lying in other states in orde…

The commissioner shall have the power and authority to develop and promulgate plans for the development and continuation of railroad systems within the state of New Hampshire. The commissioner shall have the duty and responsibility for establishing a state plan as referred to in …

The transportation commissioner may recommend one or more of the employees of the division to the commissioner of safety for appointment as railroad police officers pursuant to RSA 106-N:2. All employees recommended for appointment shall meet the qualifications for commission set…

The commissioner is also authorized to apply for, with the approval of governor and council, loans, grants and such funds available under the provisions of the Regional Rail Reorganization Act of 1973 or other pertinent federal legislation. The commissioner may utilize federal fu…

Notwithstanding any other provision of law to the contrary, there are hereby appropriated to the department and the commissioner may utilize, any delinquent state taxes and the interest due thereon to the date of acquisition from any railroad entity only as an offset against the …

The commissioner is authorized to purchase such railroad rolling stock, equipment and machinery as may be necessary for the operation and maintenance of any rail properties purchased by him on behalf of the state, with any funds made available for such purposes. In furtherance of…

The commissioner is authorized to contract for the rebuilding of any rail properties, either publicly or privately owned. The commissioner is further authorized to spend any sums appropriated for such purpose as well as any other available funds for the modernization and rebuildi…

I. There is established in the office of the state treasurer a fund to be known as the class III railroad and cog railroad capital rail line rehabilitation and equipment revolving loan fund which shall be kept separate and distinct from all other funds. Moneys in the fund shall b…

Whenever the commissioner determines that certain acquired or abandoned rail properties owned by the state pursuant to RSA 228:60-a, II; 228:60-a, VI; 228:60-b; or any other means are no longer needed, the commissioner may transfer or sell such rail properties to any other state …

The state treasurer shall establish a non-lapsing special fund to be known as the special railroad fund. He shall deposit in said fund proceeds from the sale or lease of any rail properties and income derived by the commissioner as a result of action taken pursuant to the provisi…

I. All moneys including moneys received from the railroad tax imposed by RSA 82:31, operating agreements, rentals, and permit, application, and renewal fees shall be deposited in the special railroad fund established by RSA 228:68, and are hereby appropriated to be expended by th…

All receipts, expenditures and accounts for the department of transportation as successor to the highway department of funds accruing to the department or from any other source, to be expended for highway purposes, shall be accounted for on a fiscal year basis, and shall be subje…

The commissioner may, in support of his actions as herein authorized, engage the services of consultants for the purpose of preparing estimates for plant rehabilitation costs. Further, he may engage, as he considers necessary, the services of qualified independent consultants to …

The commissioner shall have the power to study the adequacy of public mass transportation facilities and services now available within the state, to ascertain what further facilities and services may be necessary for the economic well-being of the state, and where feasible, to ta…

Whenever any operator of a public mass transportation system shall file with the department a petition requesting authorization to discontinue service, it shall be the duty of the commissioner, after hearing, to determine if it is in the public interest to discontinue such servic…

Any regular route passenger transportation operation conducted directly by the department or by contract with the department shall not be subject to the requirements of RSA 226-A, provided, however, that such operations shall be subject to all safety and insurance standards as se…

All property of the department and all property held in the name of the state and under the jurisdiction of the department shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same. Notwithstanding any ot…