reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:72 - Permits.

236:72 Permits. –
No advertising device other than such a device described in RSA 236:73, III, IV and V shall be erected or maintained in a federal highway or turnpike adjacent area without a permit issued by the commissioner of transportation. Application for a permit or renewal of a permit shall contain the name and residence or principal business address of the applicant, the location of the device to be permitted and its size, excluding border and trim, base or apron, supports and other structural members, the number of faces carrying advertising, a signed statement of the owner of the property upon which the device to be permitted is or will be located that he has consented to such device, the amount of rental compensation being paid to the said owner, and such other reasonable information or requirements as the commissioner may require. However, on an application for renewal of a permit the commissioner may waive the requirement for furnishing a signed consent statement from the owner of the property on which the device is located. Permits shall expire on April 1 following the date of issue and fees shall not be prorated. Applications for renewal of a permit shall be filed prior to March 15 preceding expiration of the permit. Only one permit shall be required for double face or v-type devices, but fees shall be charged with respect to each face used for advertising. Advertising copy may be changed at any time without requiring a new permit. Applications for a permit or renewal of a permit shall be granted except as provided in RSA 236:78, and each application shall be accompanied by fees in accordance with the following schedule:
I. For sign faces of 50 square feet or less, $50.
II. For sign faces of more than 50 square feet but less than 350 square feet, $75.
III. For sign faces of 350 square feet or more, $100.
All fees collected hereunder shall be deposited in the highway fund.
Source.
RSA 249-A:4. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1977, 563:46. 1981, 87:1. 1985, 402:6, I(b)(7). 1990, 3:102, eff. Feb. 20, 1990.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:72-a - Business Directional Sign Permit Fee.

236:72-a Business Directional Sign Permit Fee. –
For any new official business directional signs authorized after July 14, 1987, and beginning April 1, 1988, for all official business directional signs authorized by the commissioner to serve privately owned businesses, an annual permit fee of $10 shall be collected by the commissioner. Permits shall expire on April 1 following the date of issue or renewal and fees shall not be pro-rated. All fees collected under this section shall be deposited in the highway fund.
Source.
1987, 209:8, eff. July 14, 1987.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:73-a - "RV Friendly" Markers.

236:73-a "RV Friendly" Markers. –
I. Subject to the prior approval of the Federal Highway Administration, the department of transportation shall incorporate the use of "RV friendly" markers on specific business directional signs for business establishments that cater to the needs of persons driving recreational vehicles. A business establishment that qualifies for a business directional sign and that also qualifies as "RV friendly" may request that an "RV friendly" marker be displayed immediately adjacent to such establishment's business logo sign on the appropriate background sign panel. The business applicant shall pay all costs of the "RV friendly" marker. For purposes of this section, the "RV friendly" marker to be displayed shall be such marker as may be approved by the Federal Highway Administration in the Manual on Uniform Traffic Control Devices.
II. In accordance with the provisions of RSA 21-L:12, and subject to the approval of the Federal Highway Administration, the department shall adopt rules, pursuant to RSA 541-A, necessary to implement the provisions of this section, including rules setting forth the minimum requirements for business establishments to qualify as "RV friendly." Such requirements shall include, but shall not be limited to:
(a) Roadways shall be hard surface, such as gravel, compacted stone dust, pavement, or other firm surface, and at least 12 feet wide with a minimum swing radius of 50 feet for entering and exiting the facility.
(b) Roadway access and parking facilities shall be free of any obstructions up to 14 feet above the surface.
(c) Facilities requiring short-term parking shall have 2 or more spaces that are 12 feet wide and 65 feet long with a swing radius of 50 feet to enter and exit the spaces.
(d) Fueling facilities with canopies shall have a 14-foot clearance and facilities selling diesel fuel shall have pumps with non-commercial nozzles.
(e) Fueling facilities shall allow for pull-through with a swing radius of 50 feet.
(f) Campgrounds shall have 2 or more spaces that are 18 feet wide and 45 feet long.
Source.
2007, 87:1, eff. Aug. 10, 2007.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:73-b - Liquor Stores.

236:73-b Liquor Stores. –
The department of transportation shall design, locate, and erect along state highways suitable signs to advertise nearby state liquor stores.
Source.
2009, 144:152, eff. July 1, 2009.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:75 - No Advertisements of Any Kind Upon Certain Objects.

236:75 No Advertisements of Any Kind Upon Certain Objects. –
Notwithstanding any provisions of the law to the contrary, it shall be unlawful to affix, attach or display any advertisement upon any object of nature, utility pole, telephone booth, or highway sign, directly in such a manner that the object of nature, utility pole, telephone booth, or highway sign, is utilized as an integral part of the sign's support as distinguished from being only incidentally a support to the sign, such as the earth or ground upon which a sign is affixed. This prohibition shall extend to all primary and secondary highways and roads of and within the state without exception for any type of advertising. The owner of an object upon which an advertisement is placed in violation of this section shall be entitled to remove and destroy the advertisement and the advertisement owner shall not be entitled to damages or compensation therefor. The object owner shall be entitled to collect the costs associated with the removal and destruction from the advertisement owner or the person who is responsible for placing the advertisement on the object in violation of this section.
Source.
RSA 249-A:6-a. 1973, 360:3. 1981, 87:1. 2003, 136:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:76 - Highways in Juxtaposition.

236:76 Highways in Juxtaposition. –
Nothing herein shall prevent an owner of land from using, or permitting the use of, his land for outdoor advertising purposes where said owner's land abuts a highway parallel to, or nearly parallel to and less than 660 feet from the edge of right-of-way of an interstate, federal aid primary or turnpike highway provided that the advertising or informative contents of advertising devices erected and maintained on said land shall not be visible from the main traveled way of an interstate, federal aid primary or turnpike highway.
Source.
RSA 249-A:7. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:77 - Nonconforming Signs Lawfully Erected.

236:77 Nonconforming Signs Lawfully Erected. –
At any time following the end of the fifth year after a sign becomes nonconforming the commissioner of transportation may, by registered or certified mail, revoke the permit and order the removal of such nonconforming sign, which order shall be final on the date of mailing. Until the end of said 5-year period no nonconforming sign may be ordered to be removed unless it violates RSA 236:74, I(a), (b) or (c). In no event, however, may a nonconforming sign be ordered removed from a federal highway adjacent area if its removal would require just compensation to be paid pursuant to RSA 236:80 and the federal share of just compensation to be paid under section 131 of Title 23, United States Code, is not available to make such payment.
Source.
RSA 249-A:8. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1979, 242:3. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:79 - Removal.

236:79 Removal. –
After an order for removal has become final, the owner of the advertising device may remove it at his own expense. If such device has not been removed within 30 days after such an order has become final, the commissioner of transportation, or his duly authorized agents, may enter upon the property where it is located and remove it without incurring any liability by reason of such entry and at the expense of such owner.
Source.
RSA 249-A:10. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:80 - Just Compensation.

236:80 Just Compensation. –
I. Just compensation shall be paid to the owner of the advertising device and to the owner of the land upon which it is located upon the removal, on or after January 1, 1970, of any such device required to be removed by reason of nonconformity with the provisions of this subdivision which is lawfully existing on January 1, 1970 or lawfully erected thereafter, provided no compensation shall be paid to the owner of any advertising device or to the owner of the land on which it is located if the reason for removal was failure to obtain a license or permit pursuant to RSA 236:71 and 72.
II. Each such removal, whether by the owner of the advertising device, by the commissioner of transportation, or otherwise, shall be deemed to constitute a taking by the state of the following:
(a) From the owner of such device, all right, title and interest in and to such device, and his leasehold related thereto.
(b) From the owner of the real property on which such device is located, the right to erect and maintain such device.
III. The foregoing right to compensation of the owner of land shall be in lieu of any right to receive or retain rental from the owner of such device for the sign location for the period after removal of such device, and such right to receive or retain rental shall terminate upon such removal.
IV. Such compensation shall be paid to the person or persons entitled thereto upon presentation to the commissioner of such information as he may reasonably require, provided that the claim for compensation is filed within 90 days after removal is completed.
V. If the commissioner and a claimant do not reach agreement on the amount of compensation payable to such claimant in respect to any removal within 120 days after the filing of such claim, the claimant may institute an action to have such compensation determined as an assessment of damages suffered by the claimant as of the date of the removal. Such an action shall be instituted by filing a petition for assessment of damages in the superior court, in the county wherein the advertising device and land are located, or wherein the claimant resides or has its principal place of business in this state. The petition shall be filed no later than one year after the filing with the commissioner of such compensation claim. The court shall assess the damages by jury, or by the court without the jury, and award interest from the date as of which damages are assessed, and costs, to the claimant.
VI. If funds become available, the commissioner of transportation is authorized to negotiate the removal of advertising devices prior to the end of the 5-year period and is authorized to pay just compensation.
VII. The provisions of RSA 498-A relative to eminent domain procedures shall not apply to this subdivision.
Source.
RSA 249-A:11. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1973, 231:1, 2. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:81 - Penalty.

236:81 Penalty. –
Whoever erects or maintains an advertising device in violation of the provisions hereof and required to be removed shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
RSA 249-A:12. 1961, 269:1. 1969, 429:1. 1971, 245:1. 1973, 529:43. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:81-a - Injunctive Relief.

236:81-a Injunctive Relief. –
In addition to any other remedy provided by this subdivision or by law, the commissioner of the department of transportation may obtain a mandatory injunction to enjoin the violation of any provision of this subdivision relative to outdoor advertising control.
Source.
1988, 245:10, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:82 - Acceptance of Federal Funds.

236:82 Acceptance of Federal Funds. –
The commissioner of transportation may accept any allotment of funds by the United States, or any department or agency thereof, for the foregoing purposes.
Source.
RSA 249-A:13. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:83 - Agreement With United States Secretary of Transportation Relating to the Erection of Advertising Devices.

236:83 Agreement With United States Secretary of Transportation Relating to the Erection of Advertising Devices. –
The commissioner of transportation may enter into agreements with the Secretary of Transportation or appropriate federal official of the United States as provided by section 131 of Title 23, United States Code, provided that any such agreement shall be consistent with, and not more restrictive than, the provisions of this subdivision, except that the reclassification of the federal aid systems from time to time shall not be considered more restrictive than the provisions of this subdivision, and except that the agreement executed by the former commissioner of public works and highways and the federal highway administrator on June 14, 1963, under the provisions of this subdivision is hereby reaffirmed so that the commissioner of transportation may maintain the control required to receive and to continue to receive bonus payments from the federal government with respect to the control of outdoor advertising on the interstate system. Any expenditures of money by the commissioner in connection with agreements authorized by the section shall be payable from any funds available to the commissioner.
Source.
RSA 249-A:14. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1987, 209:6, eff. July 14, 1987.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:84 - Rulemaking.

236:84 Rulemaking. –
I. The commissioner of transportation may adopt rules under RSA 541-A which are reasonable and consistent with, but not more restrictive than, the provisions of this subdivision relative to:
(a) Informational and directional signs; provided that the commissioner shall adopt rules relative to signs for churches.
(b) Applications for sign licenses.
(c) Applications for sign permits.
(d) Procedures relative to signs placed in accordance with RSA 236:88-a.
(e) Any other matters required in administering this subdivision.
II. The reclassification of a highway to or from the interstate, federal aid primary, or federal aid secondary system, or the designation of a highway to or from the turnpike system, shall not constitute the adoption of a rule under this section.
Source.
RSA 249-A:15. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1987, 209:7. 2000, 65:1. 2001, 200:1, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:85 - Separability.

236:85 Separability. –
If any provisions of this subdivision or the application of such provisions to any person or circumstances shall be held invalid, the validity of the remainder of this subdivision and applicability of such provision to other persons or circumstances shall not be affected thereby.
Source.
RSA 249-A:16. 1969, 429:1. 1971, 245:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:86 - Information Sites.

236:86 Information Sites. –
I. The commissioner of transportation shall, in consultation with the Secretary of Transportation or appropriate federal official of the United States as provided by subsection (f) of section 131 of Title 23, United States Code, provide within the rights-of-way for areas at appropriate distances from interchanges on the interstate system, on which signs, displays and devices giving specific information in the interest of the traveling public may be erected and maintained. Such signs shall conform to national standards.
II. The development of a cooperative information service at any rest area is authorized, subject to approval of the Secretary of Transportation or appropriate federal official, where applicable, in accordance with subsection (i) of section 131, of Title 23, United States Code. Such service shall be coordinated and controlled through the division of travel and tourism development, department of business and economic affairs, with the cooperation of the department of transportation, and these agencies shall have the responsibility of training any personnel which may be hired. Expanded information services may include, but not necessarily be limited to, sign plazas, racks of advertising brochures, computers, and equipment deemed by the division of travel and tourism development as necessary for the distribution of tourist-related information to the traveling public.
III. The fees collected pursuant to RSA 230:52, II shall be deposited in a special account for the division of travel and tourism development to be expended to create and maintain the cooperative information services, and for this purpose are hereby continually appropriated.
IV. Notwithstanding the provisions of paragraphs II and III, the division of travel and tourism development may utilize funds from the sale of posters, advertising, and promotional materials to purchase additional materials for resale. Any profit accruing from these sales shall be deposited to unrestricted general fund revenue.
V. Individual businesses and organizations may assist in development of an information service plan, with final approval given by and design designated by the division of travel and tourism development, and subject to approval of the Secretary of Transportation or appropriate federal official, where applicable, in accordance with subsection (i) of section 131, of Title 23, United States Code.
Source.
RSA 249-A:17. 1969, 429:1. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1987, 209:2. 1999, 250:2, eff. July 9, 1999; 317:12, eff. July 1, 1999. 2017, 156:14, II, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:87 - School Bus Shelters.

236:87 School Bus Shelters. –
School bus shelters for school children where used for or constructed to carry advertising matter, when approved by the superintending school committee of the town in which they are located, and upon payment of applicable license and permit fees may be placed or maintained outside the right-of-way and carry not more than 2 panels each thereon for the identification of sponsors. No such panel shall exceed 32 square feet or extend beyond the sides of such shelter and at least 60 percent of its area must be devoted to public service, safety or other noncommercial use. Each such shelter shall, to the satisfaction of the superintending school committee, be constructed of durable material, with concrete floor raised above ground level, kept clean, well painted or otherwise suitably maintained at all times and kept free from snow, or the commissioner may order its removal.
Source.
RSA 249-A:18. 1971, 245:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:88 - Advertising Devices Within Highway Rights-of-Way.

236:88 Advertising Devices Within Highway Rights-of-Way. –
Except as provided in RSA 236:88-a, any advertising device so located as to be within the right-of-way of any interstate, federal aid primary, federal aid secondary, or turnpike highway shall be deemed to be illegally located. Removal and disposal of said device shall be effected after 10 days' written notice to the owner of said device, provided the identity and mailing address of the owner are displayed on the device, by the department of transportation.
Source.
RSA 249-A:19. 1971, 245:1. 1981, 87:1. 1985, 402:6, I(a)(7). 2001, 200:2, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:88-a - Location/Direction Signs for Businesses Within Highway Rights-of-Way.

236:88-a Location/Direction Signs for Businesses Within Highway Rights-of-Way. –
I. Notwithstanding RSA 236:88 or any other provision of law to the contrary, a business owner whose property abuts upon and has legal driveway access to the right-of-way of any class I, class II, or class III highway may, upon obtaining the approval of the department, place a sign within the adjacent right-of-way of his or her business being conducted at that location. The placement of such sign shall be in accordance with the Roadside Design Guide published by the American Association of State Highway and Transportation Officials (AASHTO).
II. Any such sign shall comply with all local municipal rules, regulations, and other requirements.
III. Any such sign shall:
(a) Not impose a danger to the traveling public.
(b) Not unreasonably interfere with the maintenance of the state right-of-way.
(c) Be permanently affixed to the ground.
(d) Meet reasonable size, style, and lighting standards consistent with the state of development and commercial activity in the area.
(e) Be removed if the business activity is no longer conducted at that location.
IV. The cost of construction, installation, maintenance, disposal, moving, and removing of such sign shall be at the expense of the business owner.
V. A sign placed in accordance with this section shall not be construed to give its owner any property or other rights in its location, and if the state changes or widens the highway, or redesigns its maintenance practices, the business owner shall move or remove the sign, as the department may determine necessary.
VI. The department shall be authorized to remove any sign if it determines that the provisions of this section have not been met; provided that 30 days' notice shall be given to the owner of the sign unless the sign constitutes a safety hazard.
VII. Notwithstanding any law or rule to the contrary, a municipality may place a sign within the right-of-way of any class I, class II, or class III highway if such sign meets the requirements of this section and with the approval of the department of transportation and the governing body of the municipality.
VIII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the administration of this section.
Source.
2001, 200:3, eff. Sept. 3, 2001.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:90 - Policy.

236:90 Policy. –
It is hereby declared to be the policy of this state and in the public interest to provide for effective control of the establishment, use, and maintenance of junk yards adjacent to the interstate and turnpike systems in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.
Source.
RSA 249-B:1. 1967, 252:1. 1971, 81:1. 1981, 87:1. 2008, 164:1, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:92 - Rules and Regulations.

236:92 Rules and Regulations. –
The commissioner of transportation is authorized to issue reasonable rules and regulations to provide for effective control of junk yards and automotive recycling yards in conformance with rules and regulations issued by an appropriate department or agency of the United States and pursuant to the declared policy of the state as set forth in RSA 236:90. Such rules and regulations shall include a regulation that where 2 or more unregistered, or old motor vehicles, no longer intended or in condition for legal use on the highways, or used parts or materials from motor vehicles which, taken together, include in bulk 2 or more vehicles are held on the property of a person or persons not operating an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automotive recycling yard in violation of RSA 236:111-129 the commissioner shall enforce the provisions of RSA 236:111-129.
Source.
RSA 249-B:3. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:3, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:93 - Requirements for Operation or Maintenance.

236:93 Requirements for Operation or Maintenance. –
A person shall not operate, establish or maintain a junk yard or automotive recycling yard under the provisions of this subdivision until he (1) has obtained a license to operate a junk yard or automotive recycling yard business and (2) has obtained a certificate of approval for the location of the junk yard or automotive recycling yard. Application for the license and the certificate of approved location shall be made in writing to the commissioner of transportation or his agent. The application must contain a description of the land to be included within the junk yard or automotive recycling yard, by reference to so-called permanent boundary markers.
Source.
RSA 249-B:4. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:4, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:94 - Hearing.

236:94 Hearing. –
A hearing on the application shall be held within the municipality. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and the notice shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than 7 days before the date of the hearing.
Source.
RSA 249-B:5. 1967, 252:1. 1981, 87:1. 2008, 164:4, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:95 - License Requirements.

236:95 License Requirements. –
At the time and place set for hearing, the commissioner of transportation or his agent shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard or automotive recycling yard. In passing upon the application, he shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junk yard or automotive recycling yard, and to any other matter within the purposes of the subdivision.
Source.
RSA 249-B:6. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:5, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:96 - Location Requirements.

236:96 Location Requirements. –
At the time and place set for hearing, the commissioner of transportation or his or her agent shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof of legal ownership or right to the use of the property by the applicant for the license period, he or she shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering; and whether or not the use of the proposed location can be reasonably prevented from affecting the public health, safety, or morals by reason of offensive or unhealthy odors or smoke, or of other causes. In no case may a license be granted for a new junk yard or automotive recycling yard located less than 1,000 feet from the nearest edge of the right-of-way lines and visible from the main traveled way of the interstate system.
Source.
RSA 249-B:7. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:6. 2008, 164:5, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:97 - Grant or Denial of Application; Appeal.

236:97 Grant or Denial of Application;  Appeal. –
After the hearing the commissioner of transportation shall, within 2 weeks, make a finding as to whether or not the application should be granted, giving notice of his finding to the applicant by mail, postage prepaid, to the address given on the application. If approved by the commissioner of transportation, the license including the certificate of approved location shall be forthwith issued to remain in effect until the following April 1. License approval is personal to the applicant for a specific location and it is not assignable or transferable. Licenses shall be renewed annually thereafter on April 1, upon payment of the annual license fee without a hearing if all provisions of this subdivision are complied with during the license period, and if the applicant is not convicted of any type of larceny or of receiving stolen goods. A writ of certiorari lies from the denial of the application to the superior court of the county in which the proposed location is situated.
Source.
RSA 249-B:8. 1967, 252:1. 1971, 81:4. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:98 - License Fees.

236:98 License Fees. –
The annual license fee is $35 to be paid at the time the application is made and annually thereafter on April 1 in the event of renewal. If the application is not granted, the fee shall be returned to the applicant. All fees shall be deposited in the highway fund.
Source.
RSA 249-B:9. 1967, 252:1. 1977, 563:47. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:99 - Established Junk Yards or Automotive Recycling Yards.

236:99 Established Junk Yards or Automotive Recycling Yards. –
For the purposes of this subdivision the location of junk yards or automotive recycling yards already lawfully established are considered approved by the commissioner of transportation where located and the owner of the yard considered suitable for the issuance of a temporary license. Within 60 days from the passage of this subdivision, however, the owner shall furnish the commissioner of transportation the information as to location which is required in an application, together with the license fee, and the commissioner shall issue him a license valid until April 1, 1968, at which time the owner may apply for a renewal.
Source.
RSA 249-B:10. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:7, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:100 - Nonconforming Established Junk Yards or Automotive Recycling Yards.

236:100 Nonconforming Established Junk Yards or Automotive Recycling Yards. –
Notwithstanding any provision of this subdivision, any junk yard or automotive recycling yard in existence on October 22, 1965, which does not conform to the requirements of this subdivision and which as a practical matter cannot be screened, shall not be required to be removed until July 1, 1970.
Source.
RSA 249-B:11. 1967, 252:1. 1981, 87:1. 1992, 88:8, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:101 - Application of Other Statutes.

236:101 Application of Other Statutes. –
If the provisions of this subdivision or the application of such provisions to any person or circumstances appear to conflict with the provisions of RSA 236:111-129 then the provisions of this subdivision shall take precedence.
Source.
RSA 249-B:12. 1967, 252:1. 1981, 87:1, eff. April 20, 1981. 1999, 288:1, eff. Sept. 14, 1999.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:102 - Public Land.

236:102 Public Land. –
All public land or reservations of the United States, state, city, town or other political subdivision which are adjacent to any portion of the interstate and turnpike systems shall be effectively controlled in accordance with the provisions of this subdivision.
Source.
RSA 249-B:13. 1967, 252:1. 1971, 81:5. 1981, 87:1. 2008, 164:6, eff. Aug. 5, 2008.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:103 - Industrial Areas.

236:103 Industrial Areas. –
Notwithstanding any provision of this subdivision, junk yards, auto graveyards and scrap metal processing facilities may be operated within areas adjacent to the interstate system and the turnpike system which are within 1,000 feet of the nearest edge of the right-of-way and which are within a zoned industrial area, or which are within an unzoned industrial area but are used for industrial activities.
Source.
RSA 249-B:14. 1967, 252:1. 1971, 81:6. 1981, 87:1, eff. April 20, 1981. 2009, 310:1, eff. Oct. 6, 2009.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:104 - Compensation.

236:104 Compensation. –
Just compensation shall be paid the owner for the relocation, removal, or disposal of any junk yard lawfully established under state law, which is required to be removed, relocated, or disposed of pursuant to 23 U.S.C. § 136. No rights to compensation accrue until a taking or removal has occurred. Notwithstanding the foregoing provisions, no junk yard which does not conform with the provisions of this subdivision or any rule or regulation adopted under this subdivision, shall be required to be relocated, removed or disposed of at any time if the federal share of just compensation is not available to make such payment.
Source.
RSA 249-B:15. 1967, 252:1. 1979, 146:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:105 - Acceptance of Federal Funds.

236:105 Acceptance of Federal Funds. –
The commissioner of transportation may accept any allotment of funds by the United States, or any department or agency thereof, for the foregoing purposes. The commissioner is authorized to landscape, screen or acquire land or interest in land as may be required to effectively control junk yards in accordance with the provisions of this subdivision. The commissioner is further authorized to expend funds made available for these purposes.
Source.
RSA 249-B:16. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:106 - Penalty.

236:106 Penalty. –
A person shall be guilty of a violation for each day or fraction thereof in which he is in violation of the provisions of this subdivision. All fines collected hereunder shall be deposited in the highway fund.
Source.
1939, 50:4. RL 165:25. RSA 249-B:17; 267:4. 1967, 252:1. 1973, 528:151; 531:77. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:107 - Injunction.

236:107 Injunction. –
In addition to the penalty in RSA 236:106 the commissioner of transportation may obtain a mandatory injunction to end the violation.
Source.
RSA 249-B:18. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:108 - Limitation on Subdivision.

236:108 Limitation on Subdivision. –
The provisions of this subdivision shall be declared to be null and void by the governor at any time when such action is recommended by the commissioner of transportation because the operation of said subdivision is no longer necessary (1) to comply with federal laws and regulations and such laws and regulations are supported with federal funds on a matching basis and (2) to protect the integrity of federal aid highway apportionments or (3) to insure collection of any bonus funds which may be made available to the state by the federal government in connection with this subdivision. After the date so declared by the governor, this subdivision shall not be effective.
Source.
RSA 249-B:19. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:109 - Right to Enter.

236:109 Right to Enter. –
The commissioner of transportation or his representative at his discretion may enter a junk yard or automotive recycling yard for inspection without incurring any liability to the property owner or junk yard or automotive recycling yard owner.
Source.
RSA 249-B:20. 1971, 81:7. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:9, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:110 - Collection and Disposal of Recycling Vehicles.

236:110 Collection and Disposal of Recycling Vehicles. –
Notwithstanding any provision of this subdivision, the commissioner of transportation or his representative is authorized to collect and dispose of individual recycling motor vehicles from private lands adjacent to and in view of any federal aid highway, provided that owners agree to such collection and disposal and further agree that in the future no other recycling vehicles will be placed in the view of the traveled way, and providing that federal funds are or become available for this purpose.
Source.
RSA 249-B:21. 1973, 38:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:10, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:111 - Purposes.

236:111 Purposes. –
This subdivision is adopted under the police power of the state to conserve and safeguard the public safety, health, morals, and welfare, and to further the economic growth and stability of the people of the state through encouragement to the development of the tourist industry within the state. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion. In addition, such an environment is considered essential to the maintenance and continued development of the tourist and recreational industry which is hereby declared to be of significant and proven importance to the economy of the state and the general welfare of its citizens. At the same time, it is recognized that the maintenance of junk yards as defined in this subdivision, is a useful and necessary business and ought to be encouraged when not in conflict with the express purposes of this subdivision.
Source.
RSA 267-A:1. 1965, 372:1. 1981, 87:1. 1999, 288:2. 2002, 27:1, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:111-a - Scope.

236:111-a Scope. –
I. Except as provided by paragraphs II and III, the provisions of this subdivision shall apply to all junk yards, as defined by RSA 236:112, I, including those approved under RSA 149-M and those subject to regulation under RSA 236:90-110.
II. The provisions of this subdivision shall not apply to any junk yard that is also a type of solid waste management facility listed below and approved under RSA 149-M, including any such solid waste management facility approved prior to May 1, 1989:
(a) Landfills;
(b) Incinerators and other processing or treatment facilities, not including automotive recycling yards; and
(c) Transfer stations that collect, store, and transfer municipal solid waste, whether or not they also collect:
(1) Source separated waste derived from motor vehicles, such as tires, lead acid batteries, or used oil; and/or
(2) Common household or commercial machinery, such as appliances, office equipment, or lawn mowers.
III. The provisions of this subdivision shall not apply to any noncommercial antique motor vehicle restoration activities involving antique motor vehicles over 25 years old, where the owner or lessee demonstrates that each of the following requirements are met:
(a) All antique motor vehicles kept on the premises are owned by the property owner or lessee; and
(b) All antique motor vehicles and parts of antique motor vehicles are kept out of view of the public and abutters by means of storage inside a permanent structure, or by suitable fencing which complies with the fencing requirements of RSA 236:123, or by trees or shrubbery sufficient to block visual access year round; and
(c) Any combination of antique motor vehicles or parts of antique motor vehicles that are not stored inside a permanent structure shall otherwise comply with the requirements of this section and shall not exceed a total amount of 5 vehicles. For purposes of this section, the sum of the parts of antique motor vehicles that equal in bulk to one antique motor vehicle shall be counted as one antique motor vehicle; and
(d) All mechanical repairs and modifications are performed out of view of the public and abutters; and
(e) Not more than one unregistered and uninspected motor vehicle that is not over 25 years old shall be kept on the premises; and
(f) The use of the premises is in compliance with all municipal land use ordinances and regulations.
Source.
1989, 95:1. 2002, 27:2, eff. July 1, 2002; 228:1, 2, eff. July 1, 2002 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:113 - Minimum Area Waiver Authorized.

236:113 Minimum Area Waiver Authorized. –
The director of motor vehicles may in his discretion and after a public hearing waive the minimum 1200 square foot requirement specified in RSA 236:112, V(a) and (b).
Source.
RSA 267-A:2-a. 1975, 121:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:114 - Requirement for Operation or Maintenance.

236:114 Requirement for Operation or Maintenance. –
A person shall not operate, establish, or maintain a junk yard or machinery junk yard until he (1) has obtained a license to operate a junk yard business and (2) has obtained a certificate of approval for the location of the junk yard.
Source.
RSA 267-A:3. 1965, 372:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:115 - Application for License and Certificate of Approval.

236:115 Application for License and Certificate of Approval. –
Application for the license and the certificate of approved location shall be made in writing to the local governing body of the municipality where it is proposed to locate the junk yard or automotive recycling yard. In municipalities having a zoning ordinance and a zoning board of adjustment, the application must be accompanied by a certificate from the board of adjustment that the proposed location is not within an established district restricted against such uses or otherwise contrary to the prohibitions of the zoning ordinance. The application shall include:
I. A description of the land to be included within the junk yard or automotive recycling yard, by reference to so-called permanent boundary markers.
II. Certification of compliance with best management practices established by the department of environmental services, for applications to establish automotive recycling yards and motor vehicle junk yards.
Source.
RSA 267-A:4. 1965, 372:1. 1981, 87:1. 1985, 103:8. 1992, 88:12. 2006, 100:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:116 - Time of Hearing.

236:116 Time of Hearing. –
A hearing on the application shall be held within the municipality not less than 2 nor more than 4 weeks from the date of the receipt of the application by the local governing body. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and the notice shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than 7 days before the date of the hearing.
Source.
RSA 267-A:5. 1965, 372:1. 1981, 87:1. 1985, 103:9, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:117 - License Requirements.

236:117 License Requirements. –
At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish, or maintain the junk yard or automotive recycling yard. In passing upon the application, it shall take into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other reasonable regulations concerning the proposed junk yard or automotive recycling yard, to any record of convictions for any type of larceny or receiving of stolen goods, and to any other matter within the purposes of this subdivision.
Source.
RSA 267-A:6. 1965, 372:1. 1981, 87:1. 1985, 103:10. 1992, 88:13, eff. Jan. 1, 1993.