Title XX, Transportation

If any one of the commissioners is unable to attend at the time and place appointed the commissioners present may, by writing under their hands, appoint a person who has served in such office to act in his stead.

The person so appointed shall be sworn to act faithfully and impartially in the proceedings upon the petition, and shall have the powers and perform the duties of a county commissioner in relation thereto.

The certificate of his appointment and oath shall be returned to the superior court with the report of the commissioners, and filed therewith.

The commissioners shall make examination of the routes and hear parties interested, and shall have like powers as selectmen in such case.

In this chapter: I. "Board" means public water access advisory board established under this chapter. II. "Department" means the fish and game department. III. "Public access" means legal passage to any of the public waters of the state by way of designated contiguous land owned o…

Any class V public road which leads to a private recreational area shall be maintained either by the operator of such area or by the town or towns in which said road is located unless otherwise specifically provided.

The fish and game department shall, before starting any project in the statewide public boat access program, comply with all state and federal requirements. Public boat access needs that do not meet the criteria for the use of federal funds may be constructed, refurbished or expa…

No public boat access area or privately owned or maintained boat access area shall be constructed to any public waters which serve as a public water supply for a public or private water utility company, without the approval of the department of environmental services, prior consu…

The fish and game department or any other political subdivision of the state shall not be liable for damages for bodily injury, personal injury, or water property damage occurring on any public boat access area.

There is hereby established a nonlapsing statewide public boat access fund. The $5 boat decal fee collected pursuant to RSA 270-E:5-a, II(c), and any other public access funds donated to the state shall be placed in this fund. Funds received under this section are continually app…

The executive director shall adopt rules, pursuant to RSA 541-A, relative to implementation of the statewide public boat access program.

The executive director shall adopt rules pursuant to RSA 541-A to permit operators of non-motorized boats and others that use public boat access areas to make donations to support the development and maintenance of such areas. The program may include various methods of advertisin…

I. A public water access advisory board is hereby established. This board shall be composed of the following: (a) The executive director of the fish and game department, or designee. (b) The commissioner of the department of natural and cultural resources, or designee. (c) The co…

A program for the development of public water access areas for boating on public bodies of water is established. The goal of the program is the acquisition, construction, refurbishment, maintenance, and operation of new and existing public boat access areas.

The fish and game department shall carry out the statewide public boat access program. The department shall in cooperation with the board: I. Establish priorities for the siting and development of public boat access areas, based on the demands and needs for different types of pub…

The facilities to be provided at public boat access areas on water bodies may include, but are not restricted to, boat launching ramps, launching sites where small boats or canoes may be placed in the water, trails leading to the water's edge, rest room facilities, parking, and s…

The fish and game department shall prepare plans and designs for public boat access areas and related facilities. The plans and designs shall provide for adequate buffer areas.

The fish and game department, in order to establish and improve public boat access areas, shall acquire and retain lands, easements, and interests or rights in land needed for the statewide public boat access program by donation, gift, purchase, lease, or condemnation upon terms …

The fish and game department shall supervise the construction, refurbishment, or expansion of public boat access areas. This construction may be done by the fish and game department, by other state agencies, political subdivisions or by private construction firms under contract t…

I. The department of transportation shall assume full control of reconstruction and maintenance of roads designated by the department of natural and cultural resources and highway commissioner within the following state reservations and rights-of-way thereto, and such roads shall…

The fish and game department shall provide for the continuing maintenance and operation of public boat access areas, roads, and related facilities, including trash removal and cleanup. Maintenance and operation activities may be done by the fish and game department, by other stat…

Any class III public road which leads primarily to a private recreational area shall be maintained by the owner or operator of such area to the satisfaction of the commissioner of transportation, unless otherwise specifically provided.

All bridges constructed or reconstructed with bridge aid funds and which are located on class II highways shall be maintained by the state. All other bridges on class II highways shall be maintained by the city or town in which they are located, and may be constructed or reconstr…

When public convenience and necessity require the construction or reconstruction of any bridge on a class II, IV, or V highway or a county-owned road the cost shall be borne 1/5 by the municipality and 4/5 by the state. When public convenience and necessity require the reconstruc…

No aid shall be granted under this chapter to any municipality for reconstruction or repair of a destroyed or damaged bridge for which the municipality has been 100 percent indemnified by insurance; except that municipalities which are reconstructing, repairing, or rebuilding bri…

The commissioner of transportation may limit the amount of bridge aid for the construction or reconstruction of bridges costing more than $1,000,000.

When a bridge crosses the boundary line between 2 municipalities within the state, the 1/5 cost to be borne by a municipality pursuant to RSA 234:10 shall be borne by the 2 municipalities in proportion to their last equalized valuations, unless by mutual concurrence the 2 municip…

Any city or town may contract with any adjoining state or with a political subdivision thereof for the construction, reconstruction and maintenance of any bridge crossing the boundary line between New Hampshire and such adjoining state on a class IV or class V highway and for the…

Whenever a bridge is to be constructed or reconstructed with bridge aid in an unincorporated place the county commissioners shall set apart and remit the cost to be borne by such place from the money raised and appropriated for the repair or construction of highways within the co…

Upon approval of the plans and specifications and the municipality or municipalities interested have raised or set aside their proportional share of the estimated cost, the commissioner of transportation shall proceed with the construction of the bridge.

Fifty percent of the contribution of the municipality or municipalities shall be remitted to the commissioner of transportation before any such bridge project is begun, and the balance shall be remitted on completion of the project, and such contribution together with the amount …

On completion of any bridge he shall render an itemized statement of the complete cost of construction to the municipality or municipalities interested.

Whenever, upon the completion of the bridge, the joint fund has not been expended in full, the unexpended balance shall revert to the state and municipality or municipalities in the same proportion as each contributed; and, whenever the cost of construction has exceeded the estim…

All bridges constructed or reconstructed with bridge aid funds and which are located on class II highways shall be maintained by the state.

In this chapter, "bridge" means a structure, having a clear span of 10 feet or more measured along the center line of the roadway at the elevation of the bridge seats, spanning a watercourse or other opening or obstruction, on a public highway to carry the traffic across, includi…

All bridges constructed or reconstructed with bridge aid funds and which are located on class V highways shall be maintained and repaired to the satisfaction of the commissioner of transportation by the towns in which such bridges are located. In case any city, town or unincorpor…

It is hereby declared to be the policy of this state that bridges on regularly maintained highways be inspected as herein provided.

The commissioner of transportation shall make a biennial inspection of bridges on class I, II and III highways. Records of said inspections shall be kept by the department of transportation. The commissioner of transportation may employ such assistants, engineers or consulting se…

The town or city official in charge of highways, or the selectmen of a town, shall make a biennial inspection of bridges on class IV or V highways and town or city maintained bridges on class II highways. Records of said inspection shall be kept by the town or city. Such town or …

As a further prerequisite to application for state bridge aid funds an inspection and report shall be made by, or under the supervision of, a registered professional engineer experienced in bridge design and acceptable to the commissioner of transportation.

The commissioner of transportation shall, upon request of any town or city, inspect a bridge or bridges in said town or city and supply a copy of the record of said inspection at no expense to the town or city, provided that sufficient qualified personnel are available to make su…

I. The commissioner of transportation shall establish and maintain a list of highway bridges that are found, after inspection by the department, to be structurally deficient, which shall be known as red list bridges. This list shall also include structurally deficient state-owned…

I. The department of transportation shall inspect every red list state-owned bridge on the red list biannually and every red list municipal bridge annually as a minimum. II. The department of transportation shall annually provide a complete list of state-owned and municipally-own…

The department of transportation is hereby authorized to assist in the rehabilitation of existing wooden covered bridges upon the state secondary and town road systems in the proportions set forth under RSA 234:10 and 11, for the following purposes: (a) Replacing of floor beams a…

No funds shall be expended unless such bridge may be rehabilitated to a carrying capacity of at least 6 tons.

I. The total amount that may be expended on any bridge under this subdivision for the above purpose shall in no instance exceed the estimated sum that might be necessary for the construction or reconstruction of a bridge under RSA 234:4, 10 and 11. II. The commissioner of transpo…