Title XXXIX, Aeronautics

I. The provisions of this chapter providing for civil or administrative sanction shall be enforced by the director and department employees, in accordance with procedures adopted pursuant to RSA 541-A. II. The provisions of this chapter providing for criminal sanction shall be en…

It is not necessary that ownership of, option for, or other possessory right to a specific location site be held by the applicant before application for a permit is filed with the department, but any permit granted by the department shall, among other things, state the specific l…

Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. Such identification characteristics required shall conform to federal laws and regulati…

The commissioner, after consultation with the director of aeronautics, rail, and transit, is hereby authorized to lease, purchase, or own and to maintain and operate such aircraft as may be approved by the governor and council, and to provide for the use of such aircraft by other…

If such aircraft or aircraft component shall have been so stored for a period of 90 days, the custodian or airport manager may sell the same at his place of business, at public auction, for cash. No sale under the provisions hereof shall be valid unless the notice required by RSA…

Notice of such sale shall be given by posting notices thereof in 2 or more public places in the town where the property is stored, 14 days at least before the sale, and, if the value of the aircraft or aircraft component exceeds $100, by publishing the notice in a newspaper of lo…

Upon receiving an application for a permit, the department shall make such investigation as may be necessary to process the application properly hereunder. If, upon such investigation, the department determines that a permit should not issue or that the height or location should …

I. The director shall have the power to hold investigations, inquiries and hearings concerning aircraft accidents, aircraft incidents and violations or in connection with any matter relating to aeronautics and is authorized to do so jointly with any agency of the United States. I…

All persons shall give adequate public notice of the construction or alteration, or the proposed construction or alteration, of any structure where such notice will promote safety in air navigation.

Any structure which obstructs the air space more than 170 feet above the ground or water level when determined by the department to be a hazard or a potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to…

The balance of the proceeds of sale, if any, after payment of the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner of such aircraft or aircraft component or his legal representative, if claimed at any time within one year from the date …

The state airways system is hereby declared to consist of all air navigation facilities available for public use now existing or hereafter established, whether publicly or privately owned and whether natural or man made, except those under the jurisdiction of the federal governme…

When the department determines that a structure is a hazard or a potential hazard to air navigation within the meaning of this chapter, it shall notify the owner of the land on which the structure is located or the owner or operator of the structure. The notice shall be in writin…

The purpose of this chapter is to increase the possibility of orderly airport development and to provide an incentive for coordinated multicommunity development of airport property within the airport boundary by permitting 2 or more public entities to share their tax bases.

Towns are authorized and empowered to construct, own, manage, or provide by contract or otherwise for the management of aircraft landing areas, either within or beyond the boundaries of the town, and for that purpose any town may take land in fee by gift or purchase, or by right …

Whenever the state shall acquire any airport, aircraft landing area, or other aeronautical facility which has been owned by one municipality in another municipality upon which the former has made payments pursuant to RSA 423:9, then the state shall continue to make payment in the…

I. There is hereby established in the office of the state treasurer a fund to be known as the rural airport capital revolving loan fund which shall be kept separate and distinct from all other funds. Moneys in the fund shall be nonlapsing and shall be continually appropriated to …

The officials of towns authorized by law to take land in the town for highway purposes are authorized and empowered to take land by eminent domain for the purposes of aircraft landing areas, following the same procedure as respects notice, assessment and payment of damages, and a…

I. Any 2 or more municipalities, subject to approval by the legislative body of each municipality, or, with the approval of the governor and council, the state and any municipality may enter into a cooperative agreement to share all or a specific part of the commercial, industria…

Whenever a town finds it necessary to acquire land for the purposes hereof beyond its boundaries and is unable to acquire it for a reasonable price by purchase or lease, the town may institute eminent domain proceedings by petition to the county commissioners, and the procedure f…

Any agreement entered into pursuant to this chapter shall be filed with the clerk of each municipality, the division of aeronautics, rail, and transit, and the secretary of state.

The shared valuation shall be assessed in the municipality in which the property is located. It shall be taxed at the rate applicable in that municipality. The tax so assessed shall be collected by the municipality in which the property is located. The share of such tax, as speci…

The provisions of RSA 423:2 and 423:3 shall apply to the acquisition of partial rights in lands adjoining the landing areas in order to prevent any use of such lands as would hinder the proper use and development of the landing field.

Any town acquiring aviation facilities under the provisions hereof is authorized to provide for the use thereof by contract or lease to individuals or corporations, and may establish reasonable tolls, charges, rents, or fees for such use.

Any disputes relative to the agreement shall not be the basis of the closure of any airport, airport operations, airport terminal facility or any transportation facility. Such disputes shall be arbitrated by the aviation users advisory board established in accordance with the rul…

Towns and cities are hereby authorized to establish an aeronautical fund for the purposes hereinafter set forth. All tolls, charges, rents or other fees collected by towns or cities for the use of the landing area under the provisions of this chapter and all unexpended balances o…

These funds shall be used solely for aeronautical purposes, including but not limited to the acquisition, construction, maintenance, operation and management of any air navigation facility jointly, individually or severally owned or operated in whole or in part by the town or cit…

Any town may, by vote at the annual meeting, authorize the transfer of any part of its aeronautical fund to the department of transportation for use for purposes authorized under RSA 423:7. The town or city transferring such funds may specify the purpose for which such funds may …

All property and rights acquired by a city or town outside its boundaries, as provided in RSA 423:1-4, inclusive, or as provided in any other statute relative to aeronautical facilities hereinbefore or hereinafter enacted, if said property and rights are not leased for profit, sh…

As used in this chapter unless the context otherwise requires: I. "Airport" means any area of land or water, whether constructed or not, which has been approved by the commissioner as a site for the landing and taking-off of aircraft or utilized or to be utilized by the public as…

In any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming use; or (2) the approach protection necessary according to the department's airport-approach plan cannot, because of constitutional limitations, be provided by airport zoning regulati…

It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuve…

The department of transportation is hereby empowered and directed to formulate and adopt, and from time to time as may be necessary revise, an airport-approach plan for each publicly-owned airport in the state. Each such plan shall indicate the circumstances in which structures a…

The department of transportation is hereby empowered and directed to formulate and adopt, and from time to time as may be necessary revise, an airport-approach plan for such airports as are privately owned but which have been licensed for commercial operation, have facilities ava…

I. Every town having within its territorial limits an airport, or an area approved as an airport site by the commissioner, shall adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations appl…

I. Permits. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this chapter, a system may be established for granting permits to establish or construct new structures and other uses and to replace existing structures and other uses or make sub…

The provisions of title LXIV shall apply to procedures for adoption of local airport zoning regulations, the administration and enforcement of the requirements of local airport zoning regulations, and procedures for rehearing and appeal from any action taken by a local land use b…