reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36 - Regional Planning Commissions › Section 36:55 - Definition.

36:55 Definition. –
In this subdivision "development of regional impact" means any proposal before a local land use board which in the determination of such local land use board could reasonably be expected to impact on a neighboring municipality, because of factors such as, but not limited to, the following:
I. Relative size or number of dwelling units as compared with existing stock.
II. Proximity to the borders of a neighboring community.
III. Transportation networks.
IV. Anticipated emissions such as light, noise, smoke, odors, or particles.
V. Proximity to aquifers or surface waters which transcend municipal boundaries.
VI. Shared facilities such as schools and solid waste disposal facilities.
Source.
1991, 300:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36 - Regional Planning Commissions › Section 36:56 - Review Required.

36:56 Review Required. –
I. A local land use board, as defined in RSA 672:7, upon receipt of an application for development, shall review it promptly and determine whether or not the development, if approved, reasonably could be construed as having the potential for regional impact. Doubt concerning regional impact shall be resolved in a determination that the development has a potential regional impact.
II. Each regional planning commission may, with public participation following the public posting of notice of the intent to develop guidelines, including notice published in a newspaper of general circulation in the planning region, develop guidelines to assist the local land use boards in its planning region in their determinations whether or not a development has a potential regional impact. The regional planning commission may update the guidelines as needed and provide them, as voted by the regional planning commissioners, to all municipalities in the planning region.
Source.
1991, 300:1, eff. Jan. 1, 1992. 2009, 194:1, eff. Sept. 11, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36 - Regional Planning Commissions › Section 36:57 - Procedure.

36:57 Procedure. –
I. Upon determination that a proposed development has a potential regional impact, the local land use board having jurisdiction shall afford the regional planning commission and the affected municipalities the status of abutters as defined in RSA 672:3 for the limited purpose of providing notice and giving testimony.
II. Not more than 5 business days after reaching a decision regarding a development of regional impact, the local land use board having jurisdiction shall, by certified mail, furnish the regional planning commission and the affected municipalities with copies of the minutes of the meeting at which the decision was made. The local land use board shall, at the same time, submit an initial set of plans to the regional planning commission, the cost of which shall be borne by the applicant.
III. At least 14 days prior to public hearing, the local land use board shall notify, by certified mail, all affected municipalities and the regional planning commission of the date, time, and place of the hearing and their right to testify concerning the development.
IV. Notwithstanding the foregoing, when the building inspector determines that a use or structure proposed in a building permit application will have the potential for regional impact and no such determination has previously been made by another local land use board, he or she shall notify the local governing body. The building inspector shall also notify by certified mail the regional planning commission and the affected municipalities, who shall be provided 30 days to submit comment to the local governing body and the building inspector prior to the issuance of the building permit.
Source.
1991, 300:1, eff. Jan. 1, 1992. 2003, 220:1, eff. Aug. 30, 2003. 2005, 39:1, eff. July 16, 2005. 2008, 357:5, eff. July 11, 2008. 2009, 49:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36 - Regional Planning Commissions › Section 36:58 - Applicability.

36:58 Applicability. –
The provisions of this subdivision shall supersede any contrary or inconsistent provisions of local land use regulations enacted under RSA 155-E and RSA 674.
Source.
1991, 300:1, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-A - Conservation Commissions › Section 36-A:1 - Method of Adoption.

36-A:1 Method of Adoption. –
Any city by vote of its city council, and any town at any duly warned meeting, may adopt or rescind the provisions of this chapter.
Source.
1963, 168:1, eff. Aug. 20, 1963. 2008, 317:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-A - Conservation Commissions › Section 36-A:2 - Conservation Commission.

36-A:2 Conservation Commission. –
A city or town which accepts the provisions of this chapter may establish a conservation commission, hereinafter called the commission, for the proper utilization and protection of the natural resources and for the protection of watershed resources of said city or town. Such commission shall conduct researches into its local land and water areas and shall seek to coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its work. It shall keep an index of all open space and natural, aesthetic or ecological areas within the city or town, as the case may be, with the plan of obtaining information pertinent to proper utilization of such areas, including lands owned by the state or lands owned by a town or city. It shall keep an index of all marshlands, swamps and all other wet lands in a like manner, and may recommend to the city council or selectmen or to the department of natural and cultural resources a program for the protection, development or better utilization of all such areas. It shall keep accurate records of its meetings and actions and shall file an annual report which shall be printed in the annual town or municipal report. The commission may appoint such clerks and other employees or subcommittees as it may from time to time require.
Source.
1963, 168:1. 1973, 550:1, eff. Sept. 3, 1973. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-A - Conservation Commissions › Section 36-A:3 - Composition of Commission.

36-A:3 Composition of Commission. –
The commission shall consist of not less than 3 nor more than 7 members. In a town which has a planning board, one member of the commission may also be on the planning board. In a city which has a planning board, one member of the commission may be on the planning board. In cities, the members of the commission shall be appointed by the mayor subject to the provisions of the city charter, and in towns the members of the commission shall be appointed by the selectmen. Alternate members may be appointed in a like manner and when the alternate serves in the absence or disqualification of a regular member, the alternate shall have full voting powers. When a commission is first established, terms of the members shall be for one, 2, or 3 years, and so arranged that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of 3 years each. Any member of a commission so appointed may, after a public hearing, if requested, be removed for cause by the appointing authority. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment. Members of a conservation commission shall be residents of the city or town which they represent. Members of a conservation commission also may serve on other municipal boards and commissions, including, but not limited to a historic district commission established under RSA 673:4, and a heritage commission established under RSA 673:4-a.
Source.
1963, 168:1. 1973, 550:2. 1974, 44:2. 1987, 318:1. 1995, 138:1, eff. July 23, 1995. 1997, 31:1, eff. June 27, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-A - Conservation Commissions › Section 36-A:4 - Powers.

36-A:4 Powers. –
I. Said commission may receive gifts of money, personal property, real property, and water rights, either within or outside the boundaries of the municipality, by gift, grant, bequest, or devise, subject to the approval of the local governing body, such gifts to be managed and controlled by the commission for the purposes of this section. Said commission may acquire in the name of the city or town, subject to the approval of the local governing body, by purchase, the fee in such land or water rights within the boundaries of the municipality, or any lesser interest, development right, easement, covenant, or other contractual right including conveyances with conditions, limitations, or reversions, as may be necessary to acquire, maintain, improve, protect, or limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas within their city or town, and shall manage and control the same, but the city or town or commission shall not have the right to condemn property for these purposes.
II. No commission, its members, or designee shall enter private property to gather data about the property for use in a wetlands designation, prime wetlands designation, natural resource inventory report or map, or natural heritage map without first obtaining permission of the property owner or agent, or a lawfully issued warrant. Such permission may be oral or written, provided that record is made of oral authorization. If consent for entry is denied, the conservation commission, or designee, may obtain an administrative inspection warrant under RSA 595-B.
III. Prior to requesting permission, the commission, its members, or designee shall notify the landowner of the purpose of the data gathering, the specific features that will be evaluated, the manner in which the data collected will be recorded and distributed, and possible known consequences of the data collection.
IV. No data gathered by entering property without the permission of the landowner or an administrative warrant shall be used for any purpose other than law enforcement purposes authorized by statute.
V. The conservation commission, in reviewing an application to provide input to any other municipal board, shall not require submission of an application for or receipt of a permit or permits from other state or federal governmental bodies prior to accepting a submission for its review or providing such input.
Source.
1963, 168:1. 1973, 550:3. 1995, 138:2, eff. July 23, 1995. 2008, 317:2, eff. Jan. 1, 2009. 2012, 202:2, eff. June 13, 2012. 2013, 270:4, eff. Sept. 22, 2013.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-A - Conservation Commissions › Section 36-A:4-a - Optional Powers.

36-A:4-a Optional Powers. –
I. The legislative body of a city or town may vote at an annual meeting to authorize the conservation commission to:
(a) Expend funds for the purchase of interests in land outside the boundaries of the municipality, subject to the approval of the local governing body; and
(b) Expend funds for contributions to "qualified organizations," as defined in section 170(h)(3) of the Internal Revenue Code of 1986, for the purchase of property interests or facilitating transactions relative thereto to be held by the qualified organization, when such purchase carries out the purposes of this chapter. Because such contributions further the protection of the state's natural resources, they are hereby declared to be a public purpose.
II. A vote under this section may be taken simultaneously with the adoption of this chapter or any time thereafter. If the vote is taken simultaneously with the adoption of this chapter, a separate question shall be placed on the warrant.
(a) The wording of the question under subparagraph I(a) shall be: "Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(a) to authorize the conservation commission to expend funds to purchase interests in land outside the boundaries of our municipality, subject to the approval of the local governing body?"
(b) The wording of the question under subparagraph I(b) shall be: "Shall the town vote to adopt the provisions of RSA 36-A:4-a, I(b) to authorize the conservation commission to expend funds for contributions to 'qualified organizations' for the purchase of property interests, or facilitating transactions related thereto, where the property interest is to be held by the qualified organization and the town will retain no interest in the property?"
III. The provisions of this section may be rescinded by vote of the legislative body.
Source.
2008, 317:3, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-A - Conservation Commissions › Section 36-A:5 - Appropriations Authorized.

36-A:5 Appropriations Authorized. –
I. A town or city, having established a conservation commission as authorized by RSA 36-A:2, may appropriate money as deemed necessary for the purpose of this chapter. The whole or any part of money so appropriated in any year and any gifts of money received pursuant to RSA 36-A:4 may be placed in a conservation fund and allowed to accumulate from year to year. Money may be expended from said fund by the conservation commission for the purposes of this chapter without further approval of the town meeting.
II. The town treasurer, pursuant to RSA 41:29, shall have custody of all moneys in the conservation fund and shall pay out the same only upon order of the conservation commission. The disbursement of conservation funds shall be authorized by a majority of the conservation commission. Prior to the use of such funds for the purchase of any interest in real property or for a contribution to a qualified organization for the purchase of property interests under RSA 36-A:4-a, I(b), the conservation commission shall hold a public hearing with notice in accordance with RSA 675:7.
III. In the municipality that has adopted the provisions of RSA 79-A:25, II, the specified percentage of the revenues received pursuant to RSA 79-A shall be placed in the conservation fund.
Source.
1963, 168:1. 1973, 550:4. 1987, 318:2. 1988, 120:1, eff. June 18, 1988. 2008, 317:4, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-A - Conservation Commissions › Section 36-A:6 - Commissioner of Resources and Economic Development.

36-A:6 Commissioner of Resources and Economic Development. –
The commissioner of the department of natural and cultural resources may establish a program to assist, at their request, the cities and towns which have adopted the provisions of this chapter, in acquiring land and in planning of use and structures as described in RSA 36-A:2.
Source.
1963, 168:1, eff. Aug. 20, 1963. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 36-B - Interstate Regional Planning Compact › Section 36-B:2 - Title.

36-B:2 Title. –
This chapter shall be known and may be cited as the Interstate Regional Planning Compact.
Source.
1969, 27:1, eff. May 3, 1969.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:1 - Scope of Chapter.

37:1 Scope of Chapter. –
As used in this chapter, the word "town" shall be construed not to include cities or school districts, but shall include village districts or precincts, and the words "town clerk" shall include clerks of village precincts or districts.
Source.
1929, 69:1. RL 55:1.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:2 - Appointment of Manager.

37:2 Appointment of Manager. –
The selectmen of towns adopting the provisions of this chapter, as herein provided, shall forthwith thereafter appoint a town manager who may or may not, when appointed, be a resident of the town or state.
Source.
1929, 69:2. RL 55:2.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:3 - Qualifications of Manager and Authority of Selectmen.

37:3 Qualifications of Manager and Authority of Selectmen. –
The town manager shall be selected with special reference to his education, training, and experience to perform the duties of his office, and without reference to his political belief; and shall in all matters be subject to the direction and supervision, and hold office at the will, of the selectmen who may by a majority vote remove him at any time for cause.
Source.
1929, 69:3. RL 55:3.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:4 - Oath and Bond.

37:4 Oath and Bond. –
Before entering upon the duties of his office, the town manager shall be sworn to the faithful and impartial performance thereof, and a certificate to that effect shall be filed with the town clerk; and he shall execute a bond in favor of the town for the faithful performance of his duties in such sum and with such surety or sureties as may be approved by the selectmen.
Source.
1929, 69:4. RL 55:4.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:5 - General Authority.

37:5 General Authority. –
The town manager shall be the administrative head of all departments of the town and be responsible for the efficient administration thereof, except as herein otherwise provided. He shall have general supervision of the property and business affairs of the town and of the expenditure of moneys appropriated by it for town purposes, but his authority shall not extend to warning town meetings, making bylaws, borrowing money, assessing or collecting taxes, except as otherwise provided in RSA 37:16, granting licenses, laying out highways, assessing damages, or any other functions of a judicial character vested by law in the selectmen or other town officers, nor to supervision of the offices of town clerk and town treasurer.
Source.
1929, 69:5. RL 55:5. 1947, 236:1, eff. June 26, 1947.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:7 - Approval of Vouchers.

37:7 Approval of Vouchers. –
The town manager may approve vouchers for obligations incurred by any department of which he has supervision, and, except during his absence or disability, the selectmen shall not draw orders for the payment of any such obligations without such approval. The selectmen may themselves approve such vouchers, or authorize their approval by some other person, in the event of the absence or disability of the town manager.
Source.
1929, 69:7. RL 55:7.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:8 - Vacancy.

37:8 Vacancy. –
Any vacancy in the office of town manager shall be filled as soon as practicable by the selectmen; and pending the appointment of a permanent manager, the selectmen may appoint a person to perform temporarily the duties of that office.
Source.
1929, 69:8. RL 55:8.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:9 - Incompatibility of Offices.

37:9 Incompatibility of Offices. –
The town manager during the time that he or she holds such appointment, may be manager of a district or precinct located wholly or mainly within the same town, and may be elected or appointed to any municipal office in such town or included district or precinct that would be subject to his or her supervision if occupied by another incumbent; but he or she shall hold no other elected or appointed public office of the town except justice of the peace or notary public except as otherwise provided in RSA 37:16. Town managers may be appointed, subject to the approval of the governing body of the town, to regional or state boards, committees, or commissions provided there is no incompatibility with the duties described in this chapter.
Source.
1929, 69:9. RL 55:9. 1947, 236:2, eff. June 26, 1947. 2004, 55:1, eff. July 2, 2004.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:10 - Compensation.

37:10 Compensation. –
The town manager shall receive such compensation as may be fixed by the selectmen, unless otherwise specifically voted by the town.
Source.
1929, 69:10. RL 55:10.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:11 - Adoption of Provisions by Town.

37:11 Adoption of Provisions by Town. –
The provisions of this chapter shall not become operative in any town unless and until the same are adopted by a majority of the legal voters of the town present and voting at an annual meeting duly warned as hereinafter provided.
Source.
1929, 69:11. RL 55:11.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:12 - Warning of Meeting.

37:12 Warning of Meeting. –
The selectmen, upon the written application of 10 or more voters, or 1/6 of the voters in the town, shall insert a proper article in their warning for such meeting, which article shall refer to this chapter.
Source.
1929, 69:12. RL 55:12.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:13 - Revocation.

37:13 Revocation. –
A town that has adopted the provisions hereof may rescind such adoption by majority vote of the legal voters present and voting at a subsequent annual meeting, provided a proper article therefor is inserted in the warrant for such meeting; but no acts done or obligations incurred by the town manager prior to such rescission shall be affected thereby.
Source.
1929, 69:13. RL 55:13.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:14 - Adoption of Provisions by Village Districts.

37:14 Adoption of Provisions by Village Districts. –
A village district or precinct organized under, or established by special act for any of the purposes set forth in RSA 52:1, may avail itself of the provisions hereof, so far as applicable, if a majority of the voters thereof present and voting at a district or precinct meeting so vote under a proper article in the warrant therefor as above provided. The commissioners of a village district or precinct adopting the provisions of this chapter shall have the same powers in respect to the employment, direction, supervision, and discharge of town managers and the fixing of their bonds and salaries as are herein conferred upon selectmen; provided, however, that no village district or precinct shall avail itself of the provisions hereof unless the town in which such district or precinct, or the major part thereof as shown by its valuation for taxation purposes, is located shall have voted to adopt such provisions; and provided, further, that whenever a village district or precinct shall adopt the provisions of this chapter, it shall appoint as its manager the manager of such town.
Source.
1929, 69:14. RL 55:14.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:15 - Ballot Vote on Adoption and Discontinuance.

37:15 Ballot Vote on Adoption and Discontinuance. –
Whenever an article has been inserted in the warrant for the annual meeting of any town, village district or precinct, calling for consideration of the question of adopting the provisions of this chapter, the following question shall be submitted to the voters at such meeting: "Do you favor adoption of the town manager plan as provided in chapter 37 of the Revised Statutes Annotated?" In towns, village districts or precincts having an official ballot the clerk shall cause this question to be printed on the official ballot and the voting on this question shall be taken up at the opening of the polls and carried on simultaneously with the balloting for town officers. In towns, village districts or precincts which do not have an official ballot the clerk shall cause to be prepared in advance of such meeting a printed ballot containing the above question and in either method the question shall be followed by the words "Yes" and "No" with boxes after each, in which the voter may mark his choice. Such balloting arrangement shall be used at all meetings voting on such question pursuant to RSA 37:11 and 37:14. The polls shall remain open for at least 3 hours at any meeting balloting on such question. In voting on the question of revoking the provisions of this chapter in any town, village district or precinct pursuant to RSA 37:13, the balloting procedure prescribed by this section shall govern, except that the question appearing on the printed ballot shall be as follows: "Do you favor the continuation of the town manager plan as now in force in this town?" If a majority of the voters present and voting in a town, village district or precinct on this question signifies disapproval of this question the town manager plan will be deemed to be revoked therein provided, however, that said revocation shall not be effective until the second Tuesday of April next succeeding the annual meeting at which such action is taken.
Source.
1947, 20:1. 1951, 135:1. RSA 37:15. 1957, 152:1. 1963, 103:1, eff. July 23, 1963.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:16 - Acting as Collector of Taxes.

37:16 Acting as Collector of Taxes. –
Any town which shall have adopted the provisions of this chapter may at the annual or a special meeting, under a proper article in the warrant, vote to authorize the selectmen to appoint the town manager to also be collector of taxes within and for such town and to fix his compensation therefor. In such case and while such vote is in effect, the town shall not vote to elect a collector of taxes.
Source.
1947, 236:3. 1953, 29:1, eff. March 4, 1953.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 37 - Town or Village District Managers › Section 37:17 - Authorization.

37:17 Authorization. –
Any vote taken under the provisions of RSA 37:16 shall be by ballot. If the town wherein such action is to be taken had adopted an official ballot system, and has previously adopted the provisions of this chapter, the clerk shall add to the ballot the following question: "Shall the powers and duties of the office of collector of taxes be transferred from said office to that of town manager?" The question shall be followed by 2 squares, above which shall appear the word "yes" and the word "no" respectively.
Source.
1949, 158:1, eff. April 26, 1949.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:1 - Definitions.

38:1 Definitions. –
In this chapter:
I. "Commission" means the public utilities commission, unless the context otherwise indicates.
II. "Utility" means any public utility engaged in the manufacture, generation, distribution, or sale of electricity, gas, or water in the state.
III. "Municipality" means any city, town, unincorporated town, unorganized place, or village district within the state.
IV. "Municipal water company" means any water distribution system or water supply utility, owned or operated by a municipality, whether as a municipal department, separate company, or otherwise.
V. "Regional water district" means any regional water district formed pursuant to RSA 53-A, for the purpose of providing and assuring the provision of an adequate and sustainable supply of clean water.
Source.
1997, 206:1, eff. July 1, 1997. 2003, 281:8, eff. July 18, 2003.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:2 - Establishment, Acquisition, and Expansion of Plants.

38:2 Establishment, Acquisition, and Expansion of Plants. –
Any municipality may:
I. Establish, expand, take, purchase, lease, or otherwise acquire and maintain and operate in accordance with the provisions of this chapter, one or more suitable plants for the manufacture and distribution of electricity, gas, or water for municipal use, for the use of its inhabitants and others, and for such other purposes as may be permitted, authorized, or directed by the commission.
II. For these purposes, take, purchase, and hold in fee simple or otherwise lease or otherwise acquire and maintain any real or personal estate and any rights therein, including water rights.
III. Do all other things necessary for carrying into effect the purposes of this chapter.
IV. Excavate and dig conduits and ditches in any highway or other land or place, and erect poles, place wires, and lay pipes for the transmission and distribution of electricity, gas, water, and pressurized hot water in such places as may be deemed necessary and proper.
V. Change, enlarge, and extend the same from time to time when the municipality shall deem necessary, and maintain the same, having due regard for the safety and welfare of its citizens and security of the public travel.
Source.
1997, 206:1, eff. July 1, 1997. 2010, 49:1, eff. July 17, 2010.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:2-a - Establishment, Acquisition, and Expansion of Plants; Regional Water Districts.

38:2-a Establishment, Acquisition, and Expansion of Plants;  Regional Water Districts. –
Any regional water district may:
I. Establish, expand, purchase, lease, or otherwise acquire and maintain and operate in accordance with the provisions of this chapter, one or more suitable plants for the manufacture and distribution of water for the use of municipalities that are members of the regional water district and for such other purposes as may be permitted, authorized, or directed by the commission.
II. For these purposes, purchase and hold in fee simple or otherwise lease or otherwise acquire and maintain any real or personal estate and any rights therein, including water rights.
III. Do all other things necessary for carrying into effect the purposes of this chapter.
IV. Excavate and dig conduits and ditches in any highway or other land or place, and erect poles, place wires, and lay pipes for the distribution of water in such places as may be deemed necessary and proper.
V. Change, enlarge, and extend the same from time to time when the regional water district shall deem necessary, and maintain the same, having due regard for the safety and welfare of the citizens of the member municipalities and security of the public travel.
VI. No regional water district shall have the authority to take property by eminent domain.
Source.
2003, 281:9, eff. July 18, 2003.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:3 - By Cities.

38:3 By Cities. –
Any city may initially establish such a plant after
2/3 of the members of the governing body shall have voted, subject to the veto power of the mayor as provided by law, that it is expedient to do so, and after such action by the city council shall have been confirmed by a majority of the qualified voters at a regular election or at a special meeting duly warned in either case. Such confirming vote shall be had within one year from the date of the vote to establish such a plant, and if favorable, shall create a rebuttable presumption that such action is in the public interest. If the vote is unfavorable, the question shall not be again submitted to the voters within 2 years thereafter.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:3-a - By Regional Water Districts.

38:3-a By Regional Water Districts. –
Any regional water district may initially establish such a plant after
2/3 of the members of the governing body of the district shall have voted affirmatively, and a majority of the constituent municipalities of the district by a majority vote of their legislative bodies have confirmed that vote. Such confirming vote shall create a rebuttable presumption that such action is in the public interest. If the vote is unfavorable, the question shall not be again submitted to the constituent municipalities within 2 years thereafter.
Source.
2003, 281:10, eff. July 18, 2003.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:4 - By Towns or Village Districts.

38:4 By Towns or Village Districts. –
Any town or village district may initially establish such a plant after
2/3 of all the voters present and voting at an annual or special meeting, duly warned in either case, have voted by ballot with the use of the checklist that it is expedient to do so. A favorable vote to establish such a plant shall create a rebuttable presumption that such action is in the public interest. If such vote is unfavorable, the question shall not be again submitted to the voters within 2 years thereafter.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:5 - By Unincorporated Towns and Unorganized Places.

38:5 By Unincorporated Towns and Unorganized Places. –
Any unincorporated town or unorganized place may initially establish such a plant after
2/3 of the members of the county convention shall have voted that it is expedient to do so, and, if there are any registered voters in that unincorporated town or unorganized place, after such action by the county convention shall have been confirmed by a majority of the qualified votes in that unincorporated town or unorganized place at a regular election or at a special meeting duly warned in either case. Such confirming vote shall be had within one year from the date of the vote to establish such a plant, and if favorable, shall create a rebuttable presumption that such action is in the public interest. If the vote is unfavorable, the question shall not be again submitted to the voters within 2 years thereafter.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:6 - Notice to Utility.

38:6 Notice to Utility. –
Within 30 days after the confirming vote provided for in RSA 38:3, 38:4, or 38:5 the governing body shall notify in writing any utility engaged, at the time of the vote, in generating or distributing electricity, gas, or water for sale in the municipality, of the vote. The municipality notifying any utility in such manner may purchase all or such portion of the utility's plant and property located within such municipality that the governing body determines to be necessary for the municipal utility service, and shall purchase that portion, if any, lying without the municipality which the public interest may require, pursuant to RSA 38:11 as determined by the commission. The notice to such utility shall include an inquiry as to whether the utility elects to sell, in the manner hereinafter provided, that portion of its plant and property located within or without the municipality which the municipality has identified as being necessary for the municipal utility service.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:7 - Reply by Utility.

38:7 Reply by Utility. –
The utility shall reply to the inquiry provided for in RSA 38:6 by delivering its answer in writing to the governing body within 60 days of the receipt of the inquiry. If the reply is in the negative, or if the reply is not made within the 60 days, the utility thereby forfeits any right it may have had to require the purchase of its plant and property by the municipality, and the municipality may proceed to acquire the plant as provided in RSA 38:10. If the reply is in the affirmative, the utility shall submit the price and terms it is willing to accept for all of its plant and property identified by the municipality in its inquiry, together with a detailed schedule of such plant and property with proper evidence of title. All of the plant and property identified by the municipality shall at all reasonable times thereafter be open to the examination of the officers and agents of the municipality and others charged with the duty of determining the fair value of the property.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:8 - By Agreement.

38:8 By Agreement. –
The governing body of a municipality may negotiate and agree with the utility upon the price to be paid for such plant and property; provided, however, that such agreement shall not be binding upon the municipality until ratified pursuant to RSA 38:13.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:9 - Valuation.

38:9 Valuation. –
I. If the municipality and the utility fail to agree upon a price, or if it cannot be agreed as to how much, if any, of the plant and property lying within or without the municipality the public interest requires the municipality to purchase, or if the schedules of property submitted in accordance with RSA 38:7 are not satisfactory, either the municipality or the utility may petition the commission for a determination of these questions.
II. The commission, after proper notice and hearing, shall decide the matters in dispute.
III. When required to fix the price to be paid for such plant and property, the commission shall determine the amount of damages, if any, caused by the severance of the plant and property proposed to be purchased from the other plant and property of the owner. In the case of electric utilities, such amount shall be limited to the value of such plant and property and the cost of direct remedial requirements, such as new through-connections in transmission lines, and shall exclude consequential damages such as stranded investment in generation, storage, or supply arrangements which shall be determined as provided in RSA 38:33.
IV. The expense to the commission for the investigation of the matters covered by the petition, including the amounts expended for experts, accountants, or other assistants, and salaries and expenses of all employees of the commission for the time actually devoted to the investigation, but not including any part of the salaries of the commissioners, shall be paid by the parties involved, in the manner fixed by the commission.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:10 - Construction or Condemnation.

38:10 Construction or Condemnation. –
If the utility shall have replied to the inquiry provided for in RSA 38:7 in the negative or if it shall have failed to reply within the time prescribed in RSA 38:7, the municipality, in the event that it shall have passed the vote or votes required in RSA 38:3, 38:4, and 38:5 and after the commission upon proper notice and hearing has determined that it is in the public interest to do so, may construct a municipal plant or may take all or any portion of such private plant and property by condemnation, paying therefor just compensation determined in the manner provided in RSA 38:9.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:11 - Public Interest Determination by Commission.

38:11 Public Interest Determination by Commission. –
When making a determination as to whether the purchase or taking of utility plant or property is in the public interest under this chapter, the commission may set conditions and issue orders to satisfy the public interest. The commission need not make any public interest determinations when the municipality and utility agree upon the sale of utility plant and property.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:12 - Expansion of Existing Municipals.

38:12 Expansion of Existing Municipals. –
A municipality that has an existing municipal plant may expand such plant or may purchase or take, in the manner prescribed in RSA 38:6-11 and RSA 38:33, all or a portion of such plant owned by a utility which is necessary for expanded municipal utility service. Such action shall not require any further vote under RSA 38:3, 38:4, or 38:5.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:13 - Ratification.

38:13 Ratification. –
Within 90 days of the final determination of the price to be paid for the plant and property to be acquired under the provisions of RSA 38:8, 38:9 or 38:10 and any consequential damages under RSA 38:33, the municipality shall decide whether or not to acquire the plant and property at such price by a vote to issue bonds and notes pursuant to RSA 33-B as may be necessary and expedient for the purpose of defraying the cost of purchasing or taking the plant, property, or facilities of the utility which the municipality may thus acquire. The municipality is authorized to hold a special meeting, if necessary, to take such vote without having to petition the superior court for permission to do so. An affirmative vote under RSA 33-B shall constitute ratification on the part of the municipality of the final determination of the price to be paid for the plant and property under the provisions of RSA 38:8, 38:9, or 38:10 and any consequential damages under RSA 38:33. If the money is so raised it shall immediately be paid to the utility, which shall thereupon execute a proper conveyance and surrender the plant and property to the municipality. If the ratifying vote provided for in this section shall be in the negative, no other action under this chapter shall be had during the ensuing period of 2 years.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:13-a - Aggregate Municipal Revenue Bonds.

38:13-a Aggregate Municipal Revenue Bonds. –
If the commission orders divestiture of generation facilities in the implementation of electric utility restructuring under RSA 374-F, any municipality which has voted to acquire a hydro-electric facility as provided in RSA 38 may jointly issue with any other municipality which has also voted to acquire a hydro-electric facility as provided in RSA 38 municipal revenue bonds and notes pursuant to RSA 33-B as may be necessary and expedient for the purpose of defraying the cost of purchasing or taking such hydro-electric generation facilities. Such municipal revenue bonds or notes may be in the aggregate of the total cost of purchasing or taking such generation facilities as set forth in RSA 33-B:3 and may be issued in the joint names of any such municipalities in accordance with their respective interests therein. In all other respects, the provisions of RSA 33-B shall apply to the issuance of such municipal revenue bonds and notes.
Source.
2000, 164:2, eff. May 23, 2000.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:14 - Operation of Plant.

38:14 Operation of Plant. –
A municipality, which has so acquired the plant, property, or facilities of a public utility in any other municipality, may operate within such other municipality as a public utility with the same rights and franchises which the owners of such outlying plant, as purchased, would have had such purchase not been made. The operation by a municipality outside its own limits shall be subject to the jurisdiction of the commission except as provided in RSA 362. If the outlying municipality shall itself vote to establish a municipal plant all the provisions of this chapter shall be binding as to such determination.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:15 - Taking Property.

38:15 Taking Property. –
Any such municipality may enter upon and take by eminent domain any land or any interest in land or water right within its limits, or in the case of a village district within the limits of the town or towns within which it is situated, which may be necessary for the construction, extension, or maintenance of its plant, and shall pay all damages sustained thereby, or by any other thing done under the authority of this chapter.
Source.
1997, 206:1, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title III - Towns, Cities, Village Districts, and Unincorporated Places › Chapter 38 - Municipal Electric, Gas, or Water Systems › Section 38:16 - Damages.

38:16 Damages. –
If the municipality shall not agree with the owner of the property referenced in RSA 38:15 as to damages, either party may apply to the superior court in the county where the town or district is located, or if the municipality is a village district then to the board of selectmen of the town or towns within which the village district is situated, to have the same laid out and the damages determined and proceedings thereon shall be as upon a petition for the laying out of a highway.
Source.
1997, 206:1, eff. July 1, 1997.