reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-M - Community Heritage Investment Program › Section 227-M:14 - Public Trust.

227-M:14 Public Trust. –
Resource assets acquired under this chapter through the use of the trust fund for the program shall be held in public trust and used and applied for the purposes of this chapter. Notwithstanding any other provision of law relating to the disposal of publicly-owned real estate, no deviation in the uses of any resource asset so acquired to uses or purposes not consistent with the purposes of this chapter shall be permitted. The sale, transfer, conveyance, or release of any resource asset from public trust is prohibited, except as provided in RSA 227-M:13.
Source.
2000, 245:1, eff. June 8, 2000.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-M - Community Heritage Investment Program › Section 227-M:15 - Public Access; Liability.

227-M:15 Public Access;  Liability. –
Lands and interests in lands purchased with funds from this program by any eligible applicant shall be open in perpetuity for passive recreational purposes or shall be for the term of any farm viability term easement. Language to be used in easement interests secured through the program shall approximate the intent of the following:
I. There is hereby conveyed pedestrian access to, on, and across the property for hunting, fishing, and transitory passive recreational purposes, but not camping, by members of the public. A grantor may reserve the right to post against vehicles, motorized or otherwise and against access to active livestock fields, against access to agricultural cropland during planting and growing season, and against access to forest land during harvesting or establishment of plantations.
II. The authority shall have the discretion to limit or prohibit passive recreational use on a case-by-case basis, where this activity would be inconsistent with the purpose for protecting the property and/or when public safety would be at risk. Additionally, the authority may stipulate, as a condition of funding, on a case-by-case basis where appropriate, that certain lands or interests in lands be available for motorized recreational uses.
III. No person, or successor in title, who has granted or sold rights of public access by virtue of an easement, right-of-way, development right, or other means in accordance with the purposes of this chapter shall be liable to a user of that right of access for injuries suffered on that portion of the access unless those injuries are caused by the willful or wanton misconduct of the grantor or successor in title.
Source.
2000, 245:1. 2006, 39:2. 2008, 136:3, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-M - Community Heritage Investment Program › Section 227-M:16 - Recapture.

227-M:16 Recapture. –
If property is sold, by a seller who has received funds under this program regarding such property, to a non-eligible applicant, the program trust fund's cash investment in the property shall be returned to the program trust fund by the property seller. This section shall not apply to a sale between eligible applicants.
Source.
2000, 245:1, eff. June 8, 2000.
2023 New Hampshire Revised Statutes › Title XIX-A - Forestry › Chapter 227-M - Community Heritage Investment Program › Section 227-M:17 - Receipt of Grant Recorded in Registry of Deeds.

227-M:17 Receipt of Grant Recorded in Registry of Deeds. –
Receipt of a grant award under this program and conditions of such award shall be recorded in the registry of deeds for the county in which the property is located.
Source.
2000, 245:1, eff. June 8, 2000.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:1 - Definitions.

228:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of transportation.
I-a. "Construction management" means a method of contracting where the state engages the services of a contractor to work with an architect or engineer. The contractor assumes risk for construction and is required to provide design phase consultation, including the evaluation of costs, schedules, implication of alternative designs, systems, and materials.
II. "Contract construction" means all construction performed in whole or in part by an independent contractor.
III. "Cost-plus contract" means one under which the payment for the work is the actual cost, plus either a fixed fee or a percentage of the cost as profit.
IV. "Department" means the department of transportation.
IV-a. "Design build" means a method of contracting where the state engages the professional services of a single entity designer/builder who is responsible for the provision of the design and construction of a project. The designer/builder can be either a single firm or a team of architect, engineer, and builder. The designer/builder contracts directly with all subcontractors and is responsible for the delivery of the completed project.
V. "Force account basis" means use of a work force directly on the state payroll, rather than an independent contractor.
VI. "Registered architect or professional engineer" means a person licensed in the state as an architect or engineer.
VII. "Project" means any construction, reconstruction, alteration, or maintenance of any highway, bridge, building, plant, fixture, facility or other item directly related to transportation. The term shall not include construction, reconstruction, alteration, or maintenance of buildings, plants, fixtures, or facilities formerly administered through the department of transportation, division of public works, or matters managed by the department of administrative services, division of public works design and construction.
VIII. [Repealed.]
IX. "Toll credits" means credits generated by previous state-funded construction, maintenance, or improvement of highways, bridges, or tunnels that may be used as a match for federal highway funds.
Source.
1950, 5:1, part 9:1, par. 1. RSA 228:1. 1981, 87:1; 558:1. 1985, 402:6, I(a)(1), (b)(1). 2005, 55:1, 2, eff. May 23, 2005; 291:16, 27, II, eff. July 25, 2005. 2012, 73:1, eff. July 22, 2012. 2017, 156:119, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:4 - State Transportation Projects.

228:4 State Transportation Projects. –
I. Each state transportation project shall be built under contracts awarded to the lowest responsible bidder through competitive bidding. The following are excluded from this competitive bidding requirement:
(a) Normal highway and bridge maintenance and improvements. This includes state aided town road and bridge projects.
(b) Projects executed under RSA 481 with approval of the governor and council.
(c) Statewide transportation improvement program projects with a cost not to exceed $25,000,000 may be developed and constructed utilizing the design build concept based on a request for proposal. Such projects may be developed and constructed provided that selection is based on an objective standard and measurable criteria for evaluation of the proposals.
(d) Statewide transportation improvement program projects with a cost in excess of $25,000,000 may be developed and constructed utilizing the design build concept based on a request for proposal provided that the department first demonstrates that using the design build concept for the project in question benefits the state more than using conventional contracting methods. The department shall hold a publicly noticed hearing to take comment on its proposal to use the design build concept for a particular project. Such notice shall be provided at least 14 days prior to the hearing date. The department shall allow for a 30-day public comment period following the publicly-noticed hearing before submitting its proposed use of the design build concept to the governor and executive council for formal approval. After the governor and council approve use of the design build concept for the project, the department may solicit bids from contractors. Any contract with the selected bidder shall be submitted to the governor and council for final approval. The commissioner shall report the results of any statewide transportation improvement program project using the design build concept to the capital project overview committee within 90 days after the completion of the project.
II. State transportation projects shall not be awarded through cost-plus contracts.
Source.
1950, 5:1, part 9:1, par. 13. 1953, 253:1. RSA 228:4. 1957, 257:1. 1959, 58:1. 1961, 223:3. 1967, 121:1. 1971, 55:1. 1972, 60:44. 1975, 329:1. 1978, 49:18. 1979, 70:1-3; 214:1. 1981, 87:1; 558:2. 1982, 15:1, 2; 38:20. 1985, 400:3. 1986, 209:5, 6. 1988, 236:2, 3. 1989, 148:1. 1998, 171:2, 3. 2003, 70:1, 2. 2004, 257:43. 2005, 55:3, 4, eff. May 23, 2005; 291:17, eff. July 25, 2005. 2009, 135:1, 2, eff. June 29, 2009. 2023, 192:4, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:4-a - Competitive Bidding.

228:4-a Competitive Bidding. –
No project subject to the competitive bidding requirements of RSA 228:4 shall be awarded to any independent contractor except:
I. If the commissioner decides that the bid of the lowest bidder should be accepted, he or she shall prepare a contract of acceptance of the lowest bid within 60 days from the opening of bids. He or she shall execute the contract in the name of the state. After the contract is executed by the lowest bidder, the form of it approved by the attorney general, and the availability of funds approved by the commissioner of administrative services, he or she shall transmit the contract to the governor and council. Upon approval by the governor and council, it shall become a valid contract of the state.
II. The state reserves the right to reject any and all bids or to negotiate with the lowest responsible bidder.
III. If the commissioner decides that for just cause shown the lowest bid submitted should be rejected, he or she shall promptly transmit to the governor and council the recommendation for rejection including reasons. The governor and council shall review the recommendation and any other facts available to them, and make such determination as in their judgment shall be for the best interest of the state. They shall require a public hearing upon request of any bidder or on their own motion to fully establish such facts. Their determination shall be entered upon the records of the secretary of state.
IV. If not more than one bid is received on any state project advertised for contract construction, the commissioner may negotiate a contract for such construction upon terms which he or she may deem most advantageous to the state, subject to the approval of the governor and council. For projects built with federal aid, if any provision of this section is inconsistent with the requirements of applicable federal law and regulations, the latter shall control.
Source.
1981, 558:3. 1985, 399:3. 2005, 291:18, eff. July 25, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:5-a - Compliance With Contracts.

228:5-a Compliance With Contracts. –
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 or his representative, (b) by qualified personnel of a professional construction inspection company, or (c) by personnel of the department of transportation.
Source.
1981, 558:5. 1985, 402:6, I(a)(1). 1998, 171:5. 2005, 291:19, eff. July 25, 2005.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:6 - General Powers and Duties.

228:6 General Powers and Duties. –
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 institution of the state in the acquisition of lands for a public use, when requested.
III. Employ such technical consultants and other assistants as may be necessary, wherever required in the best interests of the state and consistent with the policy declared in section RSA 228:4.
IV. Upon request of the department of administrative services, division of procurement and support services, inspect and test, and advise the acceptance or rejection of, all materials and supplies purchased by the division of procurement and support services.
V. Accept, subject to the approval of the governor and council, donations of money, labor and materials to be expended or used upon class I, class II or class III highways at such points or places designated by the donor, provided that in the commissioner's opinion the project is practicable and in the public interest.
Source.
1950, 5:1, part 9:1, par. 15. RSA 228:6. 1955, 36:1. 1981, 87:1; 558:6. 1985, 399:3, II. 2005, 291:20, eff. July 25, 2005. 2014, 327:59, eff. Aug. 2, 2014.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:7 - Accountability for Highway Funds.

228:7 Accountability for Highway Funds. –
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 subject to the provisions of RSA 9. Said fiscal year shall conform to the general state practice.
Source.
1950, 5:1, part 9:1, par. 17. RSA 228:7. 1981, 87:1. 1985, 402:6, I(a)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:8 - Bookkeeping Procedure.

228:8 Bookkeeping Procedure. –
The commissioner shall maintain accounts which will reflect accurately expenditures and commitments of highway funds and other funds, and which will charge the respective using agencies or institutions only for expenditures and commitments made in their accounts for their respective projects.
Source.
1950, 5:1, part 9:1, par. 18. RSA 228:8. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:8-a - Federal Assistance Grant; Appropriation.

228:8-a Federal Assistance Grant;  Appropriation. –
Any sum received from the Federal Emergency Management Agency or Federal Highway Administration's Emergency Relief Program or any other federal program providing emergency assistance to the department of transportation to reimburse costs incurred for emergency response, including but not limited to, equipment rental, snow plowing, sanding, salting, flood damage response, and personnel overtime during any emergency declared shall be collected by the appropriate agency and appropriated to the department of transportation.
Source.
2017, 156:66, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:9 - Diversion of Funds.

228:9 Diversion of Funds. –
Nothing herein shall be construed to authorize or permit directly or indirectly the diversion or expenditure of highway funds for any purpose prohibited by constitutional or legislative limitation of the state or of the United States.
Source.
1950, 5:1, part 9:1, par. 19. RSA 228:9. 1955, 186:4. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:10 - Outside Activity Restricted.

228:10 Outside Activity Restricted. –
No member of the department shall act as agent or representative, or engage in private consulting work for, or involving, any contractor, architect, engineer, firm or individual engaged, or interested in the performance of state contracts or whose business includes the manufacture or furnishing of equipment, materials or supplies to the state. No member of the department shall, acting as a private individual, solicit or engage in consulting or other engineering work for political subdivisions of the state. Violation of this section shall be cause for dismissal or other disciplinary action, subject to such appeal as may be provided by law.
Source.
1950, 5:1, part 9:1, par. 20. RSA 228:10. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:11 - Highway Surplus Account.

228:11 Highway Surplus Account. –
I. At the close of each fiscal year, the following shall be transferred to the highway surplus account:
(a) All revenues in excess of budget estimates which are derived from registration fees, drivers' licenses, gasoline road tolls or any other special charges or taxes with respect to the operation of motor vehicles or the sale or consumption of motor vehicle fuels, including any balance of funds received from motor vehicle road tolls not otherwise required for the payment of interest and principal on any bonds or notes previously issued or issued at some future time.
(b) All revenues from the highway garage and other sources which are in excess of budget estimates, but not including any revenues from motor vehicle fines.
(c) All unencumbered balances of all appropriation accounts in the department of transportation, except those for construction and reconstruction of highways.
II. No moneys shall be expended from the highway surplus account, except as provided in RSA 228:12.
Source.
RSA 228:11. 1957, 289:7. 1967, 350:1. 1975, 505:24. 1981, 87:1. 1983, 383:15. 1985, 402:6, I(a)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:12 - Transfers from Highway Surplus Account.

228:12 Transfers from Highway Surplus Account. –
If the expenditure of additional funds over budget estimates is necessary for the proper functioning of the department of transportation, the department may request, with prior approval of the legislative fiscal committee, that the governor and council authorize the transfer of funds from the highway surplus account for highway purposes.
Source.
RSA 228:12. 1957, 289:7. 1975, 505:25. 1981, 87:1. 1985, 402:6, I(a)(1). 1988, 119:1, eff. June 18, 1988.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:12-a - Use of Toll Credits.

228:12-a Use of Toll Credits. –
The department may use toll credits as a match for federal highway funds solely for the funding of highway and road projects, projects concerning the travel of motor vehicles on such highways and roads, and the completion of the project development phase of the project named Nashua-Manchester-Concord, project number 40818, in the 2019-2028 Ten Year Transportation Improvement Plan. Any other use of toll credits shall require approval of the joint legislative capital project overview committee, established in RSA 17-J:1, prior to moving the project forward for approval in the state 10-year transportation improvement program.
Source.
2012, 73:2, eff. July 22, 2012. 2016, 324:19, eff. June 24, 2016. 2019, 289:2, eff. Sept. 18, 2019; 346:215, eff. July 1, 2019. 2023, 192:4, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:13 - Records to be Kept.

228:13 Records to be Kept. –
Records shall be maintained in the department which will be sufficient to provide statements of revenue and expenditures for each of the following toll roads, the Blue Star memorial highway, the so-called Spaulding turnpike and the Central New Hampshire turnpike.
Source.
RSA 228:13. 1957, 259:7. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:14 - Authorization to Encumber Federal Aid.

228:14 Authorization to Encumber Federal Aid. –
The department of transportation is hereby authorized to encumber a total amount not to exceed one year of the regular federal aid highway appropriations. This authorization shall be a continuing authorization and shall be utilized to encumber contracts under the direction of the commissioner.
Source.
RSA 228:14. 1972, 60:48. 1981, 87:1. 1985, 402:6, I(a)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:15 - Accounts.

228:15 Accounts. –
The department shall maintain the records of the projects involved under this authorization in the regular federal aid appropriation account already established.
Source.
RSA 228:15. 1972, 60:48. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:20 - Offices; Assistants.

228:20 Offices;  Assistants. –
The commissioner shall be provided with suitable quarters for his office and that of the department and may employ such expert, clerical and other assistance as he may deem necessary to carry out the duties incumbent upon his office, subject to the regulations of the state employees' personnel commission as to compensation.
Source.
1915, 103:3. 1921, 118:2. 1925, 178:1. 1925, 179:1. PL 83:6. 1929, 8:1. 1931, 51:1. RL 99:6. 1945, 188:1, part 10:6. 1950, 9:2. RSA 229:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:21 - Powers.

228:21 Powers. –
I. The commissioner shall exercise general supervision, control and direction, on behalf of the state, over all matters pertaining to the location, route, alteration, construction, reconstruction, maintenance and discontinuance of highways constructed or maintained wholly or in part by money appropriated from the state treasury, including:
(a) The method and type of construction and kind and quality of materials to be used;
(b) The manner in which such highways shall be maintained;
(c) The designation of certain portions of such highways for one-way traffic, upon which vehicles shall proceed in one direction only;
(d) The designation of certain portions of such highways from which trucks in excess of a gross weight of 12,000 pounds or hazardous materials as described in title CFR 172.101 shall be excluded, provided, that no such designation shall prevent business operations in connection with stores, factories or any other business or industrial establishments, enterprises or warehouses along said highways;
(e) The purchase, planting and maintenance of trees and shrubs for shade, landscaping or prevention of soil erosion;
(f) The location, construction and maintenance of roadside parks; and
(g) The issuance of annual special permits for a fee of $300 for each unit for the transport of construction materials or other divisible or distributable loads notwithstanding the provisions of Title XXI where in the opinion of the commissioner energy savings or other economic considerations warrant such issuance.
II. Upon a finding that a person or corporation, which has been issued a special permit under the provisions of RSA 228:21, has violated the conditions or provisions of such special permit, the commissioner shall forthwith recall such permit and the person or corporation whose special permit has been so recalled shall be ineligible to receive any further such special permits.
III. The commissioner, upon the approval of the governor and council and the capital project overview committee, may enter into agreements with private entities for design-build-finance-operate-maintain or design-build-operate-maintain services for transportation infrastructure projects under RSA 228:107 through RSA 228:115, provided that such projects shall be approved as part of the state 10-year transportation improvement program in accordance with RSA 240.
Source.
1901, 98:4. 1915, 103:4. PL 83:7. RL 99:7. 1945, 188:1, part 10:7. 1951, 126:1. RSA 229:6. 1978, 52:23. 1979, 344:8. 1981, 87:1, eff. April 20, 1981. 2016, 276:2, eff. Aug. 15, 2016. 2023, 192:4, eff. Aug. 4, 2023.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:22 - Cost of Trenching for Relocation of Underground Utilities.

228:22 Cost of Trenching for Relocation of Underground Utilities. –
When the commissioner shall determine that a highway reconstruction, relocation, or maintenance project financed in whole or in part by state funds and conducted under department of transportation supervision or control necessitates the relocation of any municipally-owned subterranean utilities facilities, any trenching and backfilling required for such relocation shall be part of the cost of such reconstruction, relocation, or maintenance and shall be provided by the governmental agency which is carrying out such highway work at no cost to the municipally-owned utility, and the governmental agency shall pay the municipality for the book value (original cost less allowable depreciation) at the time the municipally-owned subterranean facility is retired. Provided, however, that if a public utility other than a municipally-owned utility makes use of a relocation trench provided for in this section, said utility shall pay the governmental agency carrying out such work its proportionate share of the cost of such trenching and backfilling. For purposes of this section, the term "municipally-owned utility" means any utility that is owned in its entirety, directly or indirectly, by a municipality or by a department, instrumentality, company, or corporation that is owned in its entirety, directly or indirectly, by a municipality. For purposes of this section, the term "municipally-owned subterranean facility" means any subterranean facility that is owned, directly or indirectly, by a municipality or by a department, instrumentality, company, or corporation that is owned, directly or indirectly, by a municipality.
Source.
RSA 229:6-a. 1971, 78:1. 1981, 87:1. 1985, 402:6, I(a)(1). 2013, 274:1, eff. July 24, 2013.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:23 - Traffic and Weight Surveys.

228:23 Traffic and Weight Surveys. –
The commissioner may conduct traffic survey interviews, truck weight surveys and such other statistical studies as he deems necessary on class I, II, III, IV and V highways for the department's use in the planning and development of the state-wide highway system.
Source.
RSA 229:6-b. 1971, 96:1. 1981, 87:1. 1992, 150:1, eff. July 5, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:24 - Inventory.

228:24 Inventory. –
The commissioner of transportation may purchase, through the department of administrative services, division of procurement and support services, such operating materials and supplies as may be necessary for the operation of the department. Materials or supplies requisitioned therefrom by a division of the department or by other state departments shall upon delivery be a charge against the funds of such division or other state department.
Source.
RSA 229:6-c. 1973, 376:60. 1979, 434:30. 1981, 87:1. 1985, 323:3, eff. June 14, 1985; 402:6, I, b, 1. 2013, 57:1, eff. Aug. 3, 2013. 2014, 327:60, eff. Aug. 2, 2014. 2019, 134:14, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:24-a - Motor Fuel Inventory.

228:24-a Motor Fuel Inventory. –
I. The commissioner of transportation may purchase, through the department of administrative services, division of procurement and support services, such amounts of motor fuels as may be necessary for the operation of an automated state fleet fuel distribution and records management system. The commissioner is further authorized to sell motor fuel from the motor fuel inventory to all departments and institutions of the state, political subdivisions of the state, eligible nonprofit corporations operating transportation under contract with the department of transportation for elderly or disabled persons, or for the general public and agencies of the federal government. The commissioner is authorized to assess a fair and equitable charge with respect to the sale of motor fuel sufficient to defray all administrative, transportation, storage, amortization, and other costs incurred by the department in administering this account.
II. The commissioner shall only purchase diesel fuel that contains at least 5 percent biodiesel, as defined in RSA 362-A:1-a, I-b, except if such fuel is unavailable or is more costly than 100 percent petroleum diesel, in which case such purchase shall be at the discretion of the commissioner. The commissioner, when using such discretion, shall consider at a minimum any savings related to equipment maintenance and longevity that may result from biodiesel use. The commissioner is encouraged to purchase diesel fuels containing up to 20 percent biodiesel when such fuels are compatible with the vehicles served at given fuel depots. Any biodiesel blend purchased by the commissioner shall be made available as provided for in paragraph I.
Source.
1983, 423:15. 1985, 323:4; 402:6, I(b)(1). 2005, 203:3. 2008, 281:1, eff. Aug. 26, 2008; 281:2, eff. Jan. 1, 2009. 2014, 327:61, eff. Aug. 2, 2014. 2019, 134:15, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:24-b - Equipment Inventory.

228:24-b Equipment Inventory. –
I. The commissioner of transportation, through the department of administrative services, division of procurement and support services, may purchase such equipment as is necessary for the operation of the department's motor vehicle fleet and construction equipment fleet.
II. The commissioner may rent or lease vehicles and equipment from the equipment inventory to all departments and institutions of the state, political subdivisions of the state and agencies of the federal government. The commissioner shall assess a fair and equitable charge with respect to the rental or lease of vehicles and equipment sufficient to defray all administrative, transportation, storage, maintenance, amortization, replacement and other costs incurred by the department.
Source.
1992, 289:36, eff. June 17, 1992. 2014, 327:62, eff. Aug. 2, 2014. 2018, 139:1, eff. July 29, 2018. 2019, 134:16, eff. June 25, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:24-c - Replacement or Acquisition of Vehicles and Construction Equipment.

228:24-c Replacement or Acquisition of Vehicles and Construction Equipment. –
The commissioner of transportation is directed to prepare an equipment acquisition plan each biennium and present such plan with his budget requirements submitted in accordance with RSA 9:4.
Source.
1992, 289:36, eff. June 17, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:24-d - Electronic Toll Collection Transponder Inventory Fund.

228:24-d Electronic Toll Collection Transponder Inventory Fund. –
There is hereby established an electronic toll collection transponder inventory fund not to exceed $1,000,000, which sum is hereby authorized as a revolving fund comprised of funds in the turnpike fund that are not otherwise appropriated. The commissioner of transportation may purchase, through the Interagency Group, such electronic toll collection transponders as may be necessary for the operation of the department, which shall be a charge against the fund. All sales of electronic toll collection transponders from inventory shall be credited to the inventory fund and are hereby appropriated to the department of transportation and made available for expenditures from the inventory fund.
Source.
2007, 102:1, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:26 - Borrowing Authorized.

228:26 Borrowing Authorized. –
If the moneys in the highway fund are not sufficient to provide the funds authorized by RSA 228:25, the treasurer is authorized to borrow on the state's credit at the lowest rate of interest obtainable, such sums as may be necessary to provide said funds; provided, that at no time shall the indebtedness of the state pursuant to this section exceed $1,000,000; and provided further, that such indebtedness shall be repaid from revenues within 3 years.
Source.
RSA 229:6-e. 1977, 600:33. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:27 - Expenditures.

228:27 Expenditures. –
With the approval of the governor and council the commissioner may use the funds accruing to the department for construction and reconstruction and maintenance of class I highways and bridges thereon, for aid in construction and reconstruction of class II highways and bridges thereon, for maintenance and reconstruction of class III highways, for aid in construction, reconstruction and maintenance of class IV and V highways and aid in the construction of bridges thereon, for the providing and maintenance of buildings, equipment and supplies, for highway purposes, for the costs of administration, and for such other purposes as may be provided by law. The commissioner may designate all or any part of class I, class II or class III highways for winter maintenance.
Source.
1921, 77:1. PL 83:16. RL 99:17. 1945, 188:1, part 10:8. 1949, 211:1. RSA 229:7. 1969, 22:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:28 - Purchase of Materials.

228:28 Purchase of Materials. –
The commissioner may purchase, take and hold for the state such material or land as may be necessary to secure gravel, stone or other material necessary for the improvement of said highways.
Source.
1905, 35:9. PL 83:8. RL 99:9. 1945, 188:1, part 10:9. RSA 229:8. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:29 - Small Claims.

228:29 Small Claims. –
With the approval of the governor and council, the commissioner may use the funds accruing to his or her department for the payment of small claims occasioned by accidents due to the activities of his or her department. No such claim shall be paid to any one person in an amount of over $2,000. Any person claiming damage due to the activities of the department of transportation in an amount of less than $2,000 may make application to the commissioner for payment thereof. Said application shall be filed within 60 days of the date of the accident. If the commissioner upon investigation is of the opinion that the damage was caused because of activities of the department, he or she shall submit his or her recommendation to the governor and council for approval.
Source.
RSA 229:8-a. 1957, 266:1. 1977, 227:2. 1981, 87:1. 1983, 110:1. 1985, 402:6, I(a)(1). 2017, 33:1, eff. July 1, 2017; 33:2, eff. July 1, 2018; 33:3, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:30 - Taking; Damages.

228:30 Taking;  Damages. –
If the commissioner is unable to purchase such material or land at what he considers a reasonable compensation he shall request the governor and council to appoint a commission to assess the damages sustained by the owner, and thereupon proceedings shall be had in the same manner as for the assessment of damages by a commission for land taken for highway purposes.
Source.
1905, 35:9. PL 83:9. RL 99:10. 1945, 188:1, part 10:10. RSA 229:9. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:31 - Acquisition and Disposal of Land or Property.

228:31 Acquisition and Disposal of Land or Property. –
The commissioner may acquire, by agreement with the owner, lands and property or any interest therein for highway purposes in the name of the state at what he considers a reasonable compensation, and, with approval of the governor and council, may sell, convey, or lease, in the name of the state, any land or property or any interest therein which the state has acquired for highway purposes. The commissioner may authorize the use of highway funds by agreement with another state agency or with a municipality, as authorized by federal regulations, for the functional replacement of land and improvements required for highway purposes.
Source.
1945, 188:1, part 10:11. RSA 229:10. 1977, 81:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:31-a - Agreements for Telecommunications-Related Uses of the State Highway System and State-Owned Railroad Rights-of-Way.

228:31-a Agreements for Telecommunications-Related Uses of the State Highway System and State-Owned Railroad Rights-of-Way. –
The commissioner may, with the approval of the governor and council, execute contracts, leases, licenses, and other agreements relating to the use or occupation of state-owned rights-of-way, whether easement or fee-owned, for purposes of allowing the installation and maintenance of commercial mobile radio service devices. Such agreements, which shall be for commercially reasonable value, shall not extend for a period of more than 10 years. Any leases executed pursuant to this section shall be subject to the requirements of RSA 72:23 with regard to properly assessed real estate taxes and subject to local zoning and planning requirements. Said devices shall take into consideration the scenic beauty of the landscape. There shall be no advertising signs on these devices. The provisions of RSA 4:39-c and RSA 4:40 shall not apply to this section.
Source.
1998, 337:2, eff. June 26, 1998. 2023, 79:103, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:31-c - Business Impacts; Department of Transportation.

228:31-c Business Impacts;  Department of Transportation. –
For projects exceeding $5,000,000, the department of transportation shall include in its engineering and design how to mitigate effects on entry, access, or parking.
Source.
2020, 33:42, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:32 - Resale of Operating Materials and Supplies.

228:32 Resale of Operating Materials and Supplies. –
The commissioner of transportation may sell to other departments and institutions of the state and to subdivisions of the state, materials and supplies purchased for use by the department in connection with their normal operations. He is authorized to assess a fair and equitable charge with respect to the materials and supplies, sufficient to defray all administrative, warehousing, processing, distribution and transportation costs incurred by the department in providing this service. Payments received by the department from these charges shall be credited as income added to the appropriation accounts from which the expenditures were originally charged, so that the resale of items purchased for departmental use will not cause a reduction in funds available for the operation of the department.
Source.
RSA 229:10-a. 1965, 350:1. 1981, 87:1. 1985, 402:6, I(b)(1).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:33 - Right to Enter.

228:33 Right to Enter. –
The commissioner and his agents may enter private lands to make surveys and establish boundaries of highways.
Source.
1945, 188:1, part 10:12. RSA 229:11. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:34 - Private Water Supplies.

228:34 Private Water Supplies. –
When there is a complaint that privately owned water supplies have been destroyed or rendered unfit for use as water supplies because of construction or maintenance operations on the state highway systems, the commissioner shall investigate and determine the extent, if any, of state responsibility.
I. Upon determination that there is state responsibility the commissioner may authorize the use of highway funds to:
(a) Replace or repair the damage to the water supplies, or
(b) Pay damages in lieu of replacement or repair, or
(c) Purchase real property in lieu of replacement or repair, or
(d) Enter into agreements with water departments or governmental units to assist in extending water lines or establishing new water systems.
II. The commissioner may not authorize the use of state highway funds when it is determined that water supplies that are dug, drilled or developed after July 1, 1965 are located closer than 50 feet to highway rights-of-way and drainage ditches or both, or where the location does not allow or provide for adequate surface drainage.
III. The commissioner may issue rules and regulations in accordance with recognized standards regarding water supplies, that include, but are not limited to, quality and quantity of replaced water supplies, deficiencies other than chlorides rendering an existing supply unpotable, hardship cases, and responsibility for replacement of piping, tanks, pumps, heating systems or other fixtures.
Source.
RSA 229:11-a. 1959, 225:1. 1965, 338:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:35 - Reestablishment of Highway Boundaries.

228:35 Reestablishment of Highway Boundaries. –
Whenever in the opinion of the commissioner the boundary lines, limits, or location of any class I or class II highway, or any part thereof, shall have become lost, uncertain, or doubtful, he may reestablish the same as, in his opinion, they were originally established. He shall give in hand to, or send by registered mail to the last known address of, all persons claiming ownership of or interest in the land adjoining such reestablished highway and to the owners of property within the limits thereof, and file with the town clerk of the town in which the highway is located, and with the secretary of state, maps showing the boundary lines, limits, or location of such reestablished highway and such lines, boundaries, limits and location as reestablished shall be the lines, boundaries, limits and location of such highway. Any person aggrieved by the reestablishment of such lines, boundaries, limits and location may petition for the assessment of damages to the superior court in the county where the reestablished highway is located within 60 days from the date of filing of such maps with the secretary of state, and not thereafter, and the court shall assess the damages, if any, by jury, provided such reestablished lines, boundaries, limits or location are not the same as originally established. The commissioner shall pay from the funds of his department all expenses incurred hereunder and the amount of final judgment and costs.
Source.
1939, 151:1. RL 99:8. 1945, 188:1, part 10:16. RSA 229:12. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:36 - Reclassification of Relocated Portions.

228:36 Reclassification of Relocated Portions. –
Whenever the commissioner shall alter or relocate any portion of any class I or class II highway and finds that there is further occasion to use such portion for highway purposes, he may reassign such portion to another classification; and upon reassignment of any such portion to a class V highway he shall determine, and allot, what sum, if any, the state shall contribute toward its maintenance. He may, in the exercise of his discretion, supervise and direct the expenditure of such sum.
Source.
1945, 188:1, part 10:17. RSA 229:13. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:37 - Closing Highways; Detours; Penalty.

228:37 Closing Highways;  Detours;  Penalty. –
The commissioner may close, regulate or restrict traffic over any section of any class I, class II or class III highway or bridge thereon when the public welfare or necessity so requires, or in order to perform work on any such highway or bridge by posting notices at each end of such section of highway or at each end of such bridge, and may establish and mark detours, and no town shall be liable to any person for damages or injuries caused in whole or in part by the use of such highway or bridge when such notices are posted. Any person who travels on a closed highway or bridge or who violates the provisions of such regulations or restrictions shall be fined not more than $100.
Source.
1945, 188:1, part 10:18. 1947, 215:3. RSA 229:14. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:38 - Hospital Directional Signs.

228:38 Hospital Directional Signs. –
The commissioner is authorized and directed to erect on any class I, class II or interstate highway under his jurisdiction, reflective directional signs designating the route or exit to the nearest general hospital. Such signs shall be erected in those locations as the commissioner, after consultation with the local authorities, may determine to be in the best public interest, provided, the local authority gives adequate assurance to the commissioner that suitable hospital signs will be erected within the local jurisdiction at local expense as a continuation of the hospital directional signs erected hereunder. The cost for the signs and erection of such signs shall be a charge upon the highway fund.
Source.
RSA 229:14-a. 1969, 159:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 228 - Administration of Transportation Laws › Section 228:39 - Interstate Bridges.

228:39 Interstate Bridges. –
The commissioner with the approval of the governor and council may contract with the officials of any adjoining state or 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 I or class II highway, and for the proportion which each state shall contribute towards the cost thereof.
Source.
1945, 188:1, part 10:19. RSA 229:15. 1981, 87:1, eff. April 20, 1981.