Title XX, Transportation

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 w…

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 sh…

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 mot…

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).

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.

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 …

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 giv…

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 s…

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, af…

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.

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 highw…

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 th…

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,…

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.

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…

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…

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. Wit…

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 l…

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.

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 penalt…

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 …

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 tha…

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 devic…

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.

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 el…

I. The department of transportation shall develop and install uniform signage consistent with Federal Highway Administration (FHWA)'s Manual on Uniform Traffic Control Devices for use on state roadways to direct drivers to electric vehicle charging and hydrogen fueling stations. …

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 restricti…

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…

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…

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 doe…

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.

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 sa…

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 state-owned railroad corridor, or upon land in the vicinity of a highway or state-owned railroad corridor by which the water in a stream, pond or…

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.

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 c…

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 sectio…

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.

Such notice may be served by any agent of the department of transportation on such owner or occupant or his agent.

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.

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.

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 ref…

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.

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.

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.

Other regulations, seasonal or otherwise, shall be posted on every such highway affected thereby.

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 delive…