Title XX, Transportation

Upon petition, when it becomes necessary for the convenient removal of lumber, wood or other material, to pass through the lands of a person other than the owner of the land from which such lumber, wood or other material is to be removed, the selectmen of the town within which sa…

The selectmen may fix the length of time and conditions under which such right-of-way may be used and may order the same closed or discontinued when in their judgment it is necessary.

The selectmen shall appoint forthwith a time for examining the premises and hearing parties in interest, and give 12 days' notice thereof to one or more of the petitioners. They shall also give like notice to persons owning or having an interest in lands through which the right-o…

I. Any class IV, V or VI highway, or any portion thereof, in a town may be discontinued by vote of a town; provided, however, that: (a) Any highway to public waters, or portion of such highway, laid out by a commission appointed by the governor and council, shall not be discontin…

When any class IV, V or VI highway, which joins a highway in another town, has been discontinued by vote of the town, the selectmen of the town wherein the highway has been so discontinued shall notify the selectmen of said adjoining town, by registered mail, of the fact of said …

Any class IV, V or VI highway, or any portion thereof, may be discontinued as an open highway and made subject to gates and bars, by vote of the town. Such a discontinued highway shall not have the status of a publicly approved street.

I. No class IV or V highway shall be discontinued or discontinued subject to gates and bars without the vote of the local legislative body as required by RSA 231:43 or RSA 231:45. II. No vote or other action of the governing body shall be effective to reclassify a class IV or V h…

When any class IV, V or VI highway, or any portion thereof, has been discontinued, any existing sewer, drain, water pipe or other utility easements or any permits or licenses previously established pursuant to RSA 231:159-182 shall be presumed to be reserved and shall remain in e…

Towns may not discontinue or discontinue as an open highway and make subject to gates and bars any highway concerning which proceedings are pending in court against the town for neglect or refusal to lay out, make or repair such highway, without the consent of the court.

Any person or other town aggrieved by the vote of a town to discontinue any highway, or discontinue any highway as an open highway and made subject to gates and bars, may appeal therefrom to the superior court for the county in which such highway is situate by petition within 6 m…

Any person who sustains damages by the discontinuance of a highway, or by the discontinuance as an open highway and made subject to gates and bars, by vote of the town, and from which no appeal has been taken, may petition for the assessment of damages to the superior court in th…

I. Municipalities shall not use the power of eminent domain to establish trails. II. A class A or B trail may be established by the local legislative body or its designee over any land previously acquired by the municipality, including land acquired by the conservation commission…

Class IV highway projects financed in whole or in part with federal aid highway funds shall be laid out under the procedures set forth in RSA 230 for class I and class II highways, except for the payment of expenses by the state under RSA 230:31. The commissioner of transportatio…

Towns shall be relieved of all obligation to maintain, and all liability for damages incurred in the use of, discontinued highways or highways discontinued as open highways and made subject to gates and bars.

Any street, lane or alley within this state which has been dedicated to public use by being drawn or shown upon a plan of lands platted by the owner, and the sale of lots in accordance with such plan, may be released and discharged from all public servitude by vote of the governi…

The mayor and aldermen of a city or the selectmen of a town may release and discharge any way dedicated as aforesaid from all public servitude at any time after such dedication, upon petition by any interested party and notice and hearing thereon, whenever in their opinion such w…

Notwithstanding any other provisions of law, selectmen of towns and mayors and aldermen of cities are hereby authorized to lay out limited access highways.

A limited access highway as authorized by RSA 231:53 is defined as a highway especially designed for through traffic and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or easement of access, light, ai…

In laying out the limited access highways hereby authorized, the selectmen of towns and mayors and aldermen of cities shall have all the powers granted by RSA 230:45 to a commission authorized to lay out a limited access facility. Provided, however, that said limited access highw…

The provisions of RSA 230:47, 48, 52, 53 and 54 relative to exclusion of commercial enterprises, regulations and penalties, shall, insofar as may be consistent herewith, apply to the limited access highways hereby authorized.

Each town shall, at each annual meeting, raise and appropriate for the repair of highways and bridges within such town a sum not less than 1/4 of one percent of the valuation of the ratable estate on which other taxes are assessed by the town; and in addition thereto may raise as…

All appropriations for the repair of highways in towns shall be committed to the collector of taxes and be collected as other taxes.

The money so raised and collected shall be expended in repairing class IV and class V highways by the agents elected or appointed for the purpose, under the direction of the selectmen.

I. Notwithstanding RSA 231:59 or any other provision of law, a town may raise and appropriate, and the selectmen may expend, money for the repair of any class VI highway or private way which has been declared an emergency lane under paragraph II. Such repair may include removal o…

Any class A or B trail may be discontinued by vote of the town, and such discontinuance shall have the same legal effect as the discontinuance of a public highway, provided however that the discontinuance of a class B trail shall not entitle any owner of land abutting or served b…

Highways to public waters, when not a part of the primary or secondary highway system, may be laid out as class V highways by the mayor and aldermen of the city or the selectmen of the town in which such highways are located, or may be laid out as hereinafter provided by a commis…

If the highway taxes in any town are insufficient for the suitable repair of highways and bridges therein the selectmen may cause them to be put in repair at the expense of the town.

Towns may, by vote or bylaw, authorize their selectmen to contract for keeping their highways and bridges, or any part thereof, in repair for a term not exceeding 5 years.

Unless the town votes to establish a board of public works commissioners under RSA 38-C to perform the duties of highway agents, at the annual meeting, or less often if a town has so provided pursuant to RSA 231:62-a or 231:62-b, each town shall elect by ballot, or by major vote …

I. At any annual town meeting under an article in the warrant placed there by petition or by the selectmen, the voters may vote, by ballot, to determine if they are in favor of having a 2 or 3-year term for each town highway agent. If a majority of those voting on the question vo…

I. At any annual town meeting under an article in the warrant placed there by petition or by the selectmen, the voters may vote to determine if they are in favor of having a 2 or 3-year term for each highway agent. If the town has adopted an official ballot, the clerk shall cause…

Any town may vote to require a highway agent, in addition to his usual duties as highway agent, to have charge, under the direction of the selectmen, of the care and maintenance of any one or more of the following: collection of waste, refuse and garbage; care of public dumps; ca…

The town may vote at the annual meeting to instruct its selectmen to appoint an expert highway agent, who, under the direction of the selectmen, shall have the same power and perform the same duties as a highway agent elected by the town.

Highway agents and expert highway agents shall be sworn to the faithful discharge of their duty, give bonds to the satisfaction of the selectmen for the faithful performance of the duties of the office, and be responsible to them for the expenditure of money and the discharge of …

The compensation of such agents shall be fixed by the town or selectmen, and they shall render to the selectmen weekly statements of their expenditures, and shall receive money from the treasurer only on the order of the selectmen.

In the event of a temporary absence or disability in the office of highway agent, the selectmen may appoint some competent person for the period of such disability or absence.

Highway agents shall keep accurate accounts, showing in detail all moneys received by them, from whom and when received and all moneys paid out by them, to whom and for what purpose. They shall settle their accounts before January 1 annually, and the same shall be printed in the …

When there shall be occasion for soil, gravel or hardpan to repair the highways maintained by any town, and the same cannot be obtained by agreement with the owner thereof, a lot not exceeding 1/2 an acre may be taken by the selectmen, upon petition for that purpose, for the use …

The provisions of RSA 230:9, 10, 11 and 12 are applicable to the mayor and aldermen of the city, the selectmen of the town and commissioners of a village district, in laying out class IV, V or VI highways.

Unless otherwise specified by vote of the local legislative body, or by the terms of a deeded interest affecting the property, the local governing body or its designee shall have supervision over management or maintenance of all trails, including signs. Such management may be del…

In repairing highways no uncovered trench or ditch shall be made by the side of the traveled part thereof, next and opposite to a dwelling house, yard or private way leading into any field, land, or inclosure on the highway unless a way is provided over and across such trench or …

All village districts, and chartered highway districts, shall remain unimpaired, to the extent that they may raise additional sums to be expended solely on the highways within the district in the manner prescribed by the act creating them.

The superior court, on petition and notice to the county commissioners, may order any part of the expense of repairing a highway to be paid by the county, when the whole would be burdensome to the town, or when the county convention has recommended such order.

The court may order such part of the expense to be paid to the town, or cause the highway to be put in repair in such manner as it thinks proper, and draw its order for such part upon the county treasurer.

When the expense of rebuilding or repairing a highway would be excessively burdensome to the town in which it is situate, and another town is greatly benefited by the highway, the superior court, upon petition and proceedings thereon as in the case of laying out a highway, may or…

If in repairing a highway by the authority of the town the grade is raised or lowered, or a ditch made at the side thereof, or a new culvert, ditch, or other drainage structure is installed, or alterations are made to any existing culvert, ditch, or drainage structure, whereby da…