reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:8 - Damaging Guard Rails or Highway Signs; Penalty.

236:8 Damaging Guard Rails or Highway Signs;  Penalty. –
Any person who willfully removes, injures, defaces or damages any guard rail, guide board, sign, post, marker, or the letters or figures thereon, or any traffic device or traffic signal, or any design, marking or wording used to designate a highway route or painted on the highway to control traffic, erected, painted or maintained by the state or a city or town, on any public highway, or any snow fence on any such highway or land adjacent thereto, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source.
1917, 91:1, 2. PL 91:8, 9. RL 107:11, 12. 1945, 188:1, part 19:7. RSA 249:12. 1973, 530:25. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:9 - Excavation; Permit; Emergency.

236:9 Excavation;  Permit;  Emergency. –
It shall be unlawful to excavate or disturb the shoulders, ditches, embankments or the surface improved for travel of any class I or class III highway or state-maintained portion of any class II highway for any purpose whatever without written permission from the commissioner of transportation or his district engineer, or any other highway without written permission from the selectmen or highway agent of the town, or the mayor and aldermen or street commissioner of the city; provided that in cases of emergency where the public health or safety is endangered such immediate action as may be necessary may be taken without such permission, but in such cases the person directing or taking such action shall at once notify the official empowered to give written permission.
Source.
1917, 96:1. PL 91:1. RL 107:1. 1945, 188:1, part 19:8. 1950, 5:1, part 9:1, par. 2. RSA 249:13. 1981, 87:1. 1985, 402:6, I(b)(7). 1990, 39:1, eff. May 22, 1990.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:10 - Regulations; Bond.

236:10 Regulations;  Bond. –
The person or entity giving such written permission may make rules and regulations to govern the excavation and restoration of such highway and may require that a bond satisfactory to such person or entity be furnished to the state, city, or town providing for the satisfactory restoration of the highway. The bond requirements shall be equitably and reasonably applied to other bonded vehicles using the highway. The type of commodity being transported shall not be the determining factor for requiring a bond or the dollar amount of the bond. The person or entity providing the bond shall determine the type of bond furnished and it may be in the form of cash, letter of credit from a bank or lending institution licensed in New Hampshire and acceptable to the person giving written permission, or a bond furnished by an insurance company. The person or entity granting permission shall not arbitrarily withhold funds from any cash bond or letter of credit, but shall first make a good faith effort to resolve any differences with the contractor doing the excavation or restoration.
Source.
1917, 96:2. PL 91:2. RL 107:3. 1945, 188:1, part 19:9. RSA 249:14. 1981, 87:1. 2006, 177:1, eff. July 24, 2006. 2011, 85:1, eff. July 15, 2011.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:11 - Restoration.

236:11 Restoration. –
Any person, entity, or corporation who excavates or disturbs the shoulders, ditches, embankments, or the surface improved for travel of any highway shall restore such highway to a condition at least equal to the condition that was present before the excavation or disturbance.
Source.
1945, 188:1, part 19:10. RSA 249:15. 1981, 87:1. 2006, 177:2, eff. July 24, 2006.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:12 - Exception.

236:12 Exception. –
The foregoing provisions shall not apply to railroads when making necessary repairs or improvements within their rights-of-way at points where the same are crossed by a highway; but no such repairs or improvements, if they involve excavating or disturbing the surface of any highway, shall be made without written permission from the department of transportation.
Source.
1917, 96:4. PL 91:4. RL 107:6. 1945, 188:1, part 19:11. RSA 249:16. 1981, 87:1. 1990, 39:2, eff. May 22, 1990.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:14 - Penalty.

236:14 Penalty. –
Any person who violates any provision of this subdivision or the rules and regulations made under authority thereof shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and, in addition, shall be liable for the cost of restoration of the highway to a condition satisfactory to the person empowered to give such written permission.
Source.
1917, 96:3. PL 91:3. 1939, 109:2. RL 107:5. 1945, 188:1, part 19:13. RSA 249:18. 1973, 530:26. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:15 - Purprestures; Barbed Wire.

236:15 Purprestures;  Barbed Wire. –
If any building, structure or fence is erected or continued upon or over any highway, or if any fence, any part of which within 6 feet from the ground is barbed wire, is erected, maintained or continued adjoining or adjacent to any street or highway within the compact part of any town or within the limits of any village district or city, it shall be deemed a public nuisance. Cornices or other projections upon buildings, extending a reasonable distance into a highway, 12 feet or more above the surface of the highway, shall not be considered obstructions within the meaning of this section. Superstructures from one building to another, extending over a highway, not less than 16 feet above the surface of the highway, approved by the governing body of a municipality charged with the duty of inspection or supervision of buildings, shall not be considered obstructions within the meaning of this section.
Source.
RS 60:1. CS 64:1. 1862, 2622:3. GS 70:10, 11. GL 76:10, 11. PS 77:8. 1899, 59:1. 1921, 157:1. PL 92:8. RL 108:8. 1945, 188:1, part 19:14. RSA 249:19. 1961, 110:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:16 - Penalty.

236:16 Penalty. –
Any person so erecting or continuing any building, structure or fence, so as to interfere with, hinder or obstruct the public travel, shall be guilty of a violation, and the superior court may order such building, structure or fence to be removed, if it be found that the same does so obstruct or lessen the full breadth of the highway, or is dangerous to public travel thereon.
Source.
RS 60:1. CS 64:1. 1862, 2622:3. GS 70:10, 11. GL 76:10, 11. PS 77:8. 1899, 59:1. 1921, 157:1. PL 92:9. RL 108:9. 1945, 188:1, part 19:15. RSA 249:20. 1973, 531:74. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:17 - Exceptions.

236:17 Exceptions. –
Watch-houses and structures for public use erected by authority of the town or by its selectmen, and signs and awnings put up in conformity with the police regulations in force in the town, are excepted from the provisions of RSA 236:16.
Source.
RS 60:2. CS 64:2. GS 70:12. GL 76:12. PS 77:9. PL 92:10. RL 108:10. 1945, 188:1, part 19:16. RSA 249:21. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:18 - Right to Air Space Above and Below Certain Highways.

236:18 Right to Air Space Above and Below Certain Highways. –
The state shall have exclusive rights, insofar as they do not conflict with any federal statute, to build into, lease or utilize for any public purpose the air space directly above or below the toll highways and the interstate system highways within this state. These rights to said air space shall extend upward or downward so far as is practical and reasonable for all purposes of the state and it shall be unlawful for any person or persons to violate said air space except as allowed by the state. The department of transportation shall be responsible for the administration and enforcement of this section. Nothing in this section shall be construed as prohibiting aircraft from flying through the air space above the herein mentioned highways. Notwithstanding the foregoing, public utilities shall have the right to erect lines through said air space in accordance with the provisions of this chapter relative thereto.
Source.
RSA 249:21-a. 1969, 144:1. 1981, 87:1. 1985, 402:6, I(a)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:19 - Obstructing Water; Penalty.

236:19 Obstructing Water;  Penalty. –
Any person who shall place, or suffer to be placed or to remain, any logs, earth or other substances within the limits of a highway, or upon land in the vicinity of a highway by which the water in a stream, pond or ditch is turned upon the highway and injures or renders it unsuitable for public travel, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. If such highway is maintained by the town, the fine shall be for the use of the town and if such highway is maintained by the state, the fine shall be for the use of the department of transportation. Nothing in this section shall be construed as prohibiting the placing of snow within the limits of a highway for the purpose of crossing or recrossing by sleds, logging or farming equipment.
Source.
1881, 50:1. PS 77:12. PL 92:13. 1941, 41:1. RL 108:13. 1945, 188:1, part 19:17. RSA 249:22. 1973, 530:27. 1981, 87:1. 1985, 402:6, I(a)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:20 - Snow Obstruction.

236:20 Snow Obstruction. –
Any person who shall put or place or cause to be put or placed any snow or ice upon the surface of the traveled portion of any class I, class III, or class III-a highway or state maintained portion of any class II highway for any purpose, except to provide a place necessary for crossing, recrossing and traveling upon said highways by sleds, logging or farm equipment, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. The provisions of this section shall not apply where snow or ice is pushed across the traveled surface of said highways for the purpose of snow removal from land adjoining said highways.
Source.
1941, 57:1. RL 107:2. 1945, 188:1, part 19:18. RSA 249:23. 1973, 530:28. 1981, 87:1. 1992, 265:15, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:21 - Covering Fire Hydrant; Penalty.

236:21 Covering Fire Hydrant;  Penalty. –
Any person who shall purposely or knowingly put or place or cause to be put or placed any snow, ice or other debris which covers a fire hydrant so as to make it inaccessible for immediate use in the event of a fire, shall be guilty of a misdemeanor. For the purpose of this section "person" excludes agents of the state or any political subdivision engaged in the operation of snow removal from the traveled portion of any class of highway or the adjacent sidewalk.
Source.
RSA 249:23-a. 1977, 209:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:22 - Removal of Fences Obstructing.

236:22 Removal of Fences Obstructing. –
Fences shall not be removed for highway purposes until 10 days' notice in writing of the intention to remove the same has been given to the owner or occupant of the land enclosed by such fence, or to his agent.
Source.
1945, 188:1, part 19:19. RSA 249:24. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:23 - Service of Notice.

236:23 Service of Notice. –
Such notice may be served by any agent of the department of transportation on such owner or occupant or his agent.
Source.
1945, 188:1, part 19:20. RSA 249:25. 1981, 87:1. 1985, 402:6, I(a)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:24 - Time of Removal.

236:24 Time of Removal. –
All such fences shall be removed within the time designated, and, if not removed by the date stated in such notice, they may be forthwith removed by said department at the expense of the owner.
Source.
1945, 188:1, part 19:21. RSA 249:26. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:25 - Officials.

236:25 Officials. –
State and local law enforcement officials are authorized to enforce the provisions of RSA 211:17-b, RSA 211:62-c, RSA 236:21 and RSA 236:26.
Source.
1959, 306:5. 1965, 157:2. RSA 249:27-a. 1977, 209:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:26 - Refuse on Private Land.

236:26 Refuse on Private Land. –
Any person other than the owner or his agent who shall put or place without permission, or cause to be put or placed without permission, in or upon any private property, any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, old automobiles or parts thereof or refuse of any nature whatsoever or any other noxious material, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source.
RSA 249:27-b. 1965, 148:1. 1973, 530:29. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:27 - Unauthorized Posting and Advertising.

236:27 Unauthorized Posting and Advertising. –
If any person shall in any manner paint, put upon or affix to a bridge, fence, or other structure, or upon a rock or other natural object, the property of another, without his consent, any device, trademark, advertisement, or notice, he shall be guilty of a violation.
Source.
1864, 4032. GS 263:6. 1878, 10:1. GL 281:8. PS 266:27. PL 380:35. RL 442:34. RSA 572:43. 1973, 532:12. RSA 249:27-c. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:28 - Leaving Trigs, Etc.; Penalty.

236:28 Leaving Trigs, Etc.;  Penalty. –
If any person shall leave or suffer or allow to be left, on any public street or highway or in any gutter or drain adjacent to the same, anything which has been used in aiding to repair or trig any vehicle, he shall be guilty of a violation.
Source.
1897, 61:2. 1923, 79:1. PL 92:17, 18. RL 108:17, 18. 1945, 188:1, part 19:23. RSA 249:28. 1973, 531:75. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:29 - Removal of Obstructions.

236:29 Removal of Obstructions. –
The department of transportation may remove all obstructions in class I, class II, class III, or class III-a highways, and the highway agent of any city or town may remove all obstructions on any other highway and on town maintained portions of class II highways.
Source.
1917, 154:1. PL 91:10. RL 107:13. 1945, 188:1, part 19:24. RSA 249:29. 1981, 87:1. 1985, 402:6, I(a)(7). 1992, 265:16, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:30 - No Adverse Right.

236:30 No Adverse Right. –
No person shall acquire, as against the public, any right to any part of a highway by enclosing or occupying it adversely for any length of time.
Source.
1862, 2622:1. GS 70:8. GL 76:8. PS 77:7. PL 92:7. RL 108:7. 1945, 188:1, part 19:25. RSA 249:30. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:31-a - Failure to Pay a Highway Toll.

236:31-a Failure to Pay a Highway Toll. –
Any person using any toll lane that is not equipped with a toll collection monitoring system who fails, neglects, or refuses to pay the toll or charge for the use of any bridge, highway, or part thereof shall have an image taken of the vehicle registration plate and be subject to the provisions of RSA 236:31.
Source.
2006, 116:1, eff. May 10, 2006. 2013, 186:9, eff. Aug. 31, 2013. 2019, 312:3, eff. Oct. 1, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:31-b - Failure to Pay a Highway Toll.

236:31-b Failure to Pay a Highway Toll. –
Any person who fails, neglects, or refuses to pay the toll or charge for the use of any bridge, highway, or part thereof, or utilizes a toll lane that is equipped with a toll collection monitoring system without having an E-Z Pass transponder mounted on the vehicle, shall have an image taken of the vehicle registration plate and be subject to the provisions of RSA 236:31. When a full cash payment is made at the tollbooth, and the vehicle exits the toll booth, the image (i) shall not be retained for more than 3 seconds, after which it shall be irretrievably destroyed, and no record of the image or its destruction shall be kept; (ii) shall not be made available or disclosed to any individual, person, entity, or government or any component thereof; and (iii) shall not be subject to a subpoena or any administrative or court order.
Source.
2006, 211:3, eff. June 1, 2006. 2013, 186:9, eff. Aug. 31, 2013. 2014, 317:6, eff. Aug. 1, 2014. 2019, 312:4, eff. Oct. 1, 2019.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:32 - Removal.

236:32 Removal. –
If any timber, lumber, stone or other thing is upon a state-maintained highway, encumbering it, the department of transportation may immediately remove the encumbrance, and, if upon any other highway, the highway agent of the city or town may immediately remove the encumbrance, and the official shall hold the same in his possession until the costs of removal are paid.
Source.
RS 59:1. CS 63:1. 1864, 2897:1. GS 70:1. GL 76:1. PS 77:1. PL 92:1. RL 108:1. 1945, 188:1, part 19:26. RSA 249:31. 1981, 87:1. 1985, 402:6, I(a)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:33 - Disposal.

236:33 Disposal. –
He shall deliver to the owner the encumbrance removed, on being paid the cost of removing and keeping it, within 30 days after its removal; if the cost is not so paid he may sell the same, on giving 4 days' notice thereof, by posting notices in 2 public places in the town.
Source.
1864, 2897:2. GS 70:2. GL 76:2. PS 77:2. PL 92:2. RL 108:2. 1945, 188:1, part 19:27. RSA 249:32. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:34 - Proceeds of Sale.

236:34 Proceeds of Sale. –
The official shall pay to the owner of such encumbrance the balance of the money received on the sale thereof after deducting his costs of removal, keeping and sale.
Source.
1864, 2897:3. GS 70:3. GL 76:3. PS 77:3. PL 92:3. RL 108:3. 1945, 188:1, part 19:28. RSA 249:33. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:35 - Notice; Complaint.

236:35 Notice;  Complaint. –
The official may, if he chooses, give reasonable notice to the owner or person leaving any such encumbrance to remove the same; and upon his neglect or refusal, or if he is unknown, may make complaint thereof to a justice of the peace.
Source.
RS 59:2. CS 63:2. GS 70:4. GL 76:4, PS 77:4. PL 92:4. RL 108:4. 1945, 188:1, part 19:29. RSA 249:34. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:36 - Hearing; Order.

236:36 Hearing;  Order. –
The justice shall cause notice to be given to the owner or person leaving the same, if known, of the time appointed by him to view the encumbrance, and, after hearing such party if he attend, may upon his own view issue his warrant to the official to remove the same so far as he shall judge necessary for the public convenience, and to sell so much thereof as may be necessary to pay the legal costs, taxed by him, and 3 times the price of the labor of removing the same, to be estimated by the justice.
Source.
RS 59:3. CS 63:3. GS 70:5. GL 76:5. PS 77:5. PL 92:5. RL 108:5. 1945, 188:1, part 19:30. RSA 249:35. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:37 - Authority to Sell; Deficit.

236:37 Authority to Sell;  Deficit. –
The official shall have the same powers in making such sale as a collector of taxes has in the sale of property distrained by him, and shall be governed by the same rules; and, if the proceeds of the sale are insufficient to pay the sums specified in the warrant, he may recover the balance unpaid by action on the case against the person leaving the same.
Source.
RS 59:4. CS 63:4. GS 70:6. GL 76:6. PS 77:6. PL 92:6. RL 108:6. 1945, 188:1, part 19:31. RSA 249:36. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:38 - Damaging Highway; Penalty.

236:38 Damaging Highway;  Penalty. –
If any person, without authority, willfully injures any highway or bridge thereon by destroying or taking away any plank, timber, stone or other material thereof, or by digging any pit therein, he shall be guilty of a misdemeanor.
Source.
RS 58:1. CS 62:1. GS 66:26. GL 72:26. PS 77:13. PL 92:14. RL 108:14. 1945, 188:1, part 19:32. RSA 249:37. 1973, 528:131. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:39 - Civil Liability.

236:39 Civil Liability. –
I. If any person, without authority, shall place any obstruction in a highway, or cause any defect, insufficiency, or want of repair of a highway which renders it unsuitable for public travel, he or she shall be liable to the state for all damages to the highway, including full and current replacement costs of protective barriers, and any structure or device that is part of the highway or turnpike system, when maintained by the state, or to the municipality for all damages to a highway, including full and current replacement costs of protective barriers and any structure or device that is part of the highway, when maintained by the municipality, and for all damages and costs which the state or municipality shall be compelled to pay to any person injured by such obstruction, defect, insufficiency, or want of repair as established through an appropriate contribution claim or under the rules of joint and several liability.
II. "Full and current replacement cost" as used in this section means actual or reasonable estimates of labor, including contracted labor, material, equipment, and overhead. Such costs shall not be reduced for depreciation.
III. This section applies to all pending claims, including but not limited to claims incurred before or after the effective date of this section, and future causes of action for liability and damages under this section.
Source.
RS 59:5. CS 63:5. GS 70:7. GL 72:27; 76:7. PS 77:14. PL 92:15. RL 108:15. 1945, 188:1, part 19:33. RSA 249:38. 1981, 87:1. 2007, 332:1. 2008, 184:1, eff. Jan. 1, 2009. 2021, 91:134, eff. July 1, 2021; 185:4, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:40 - Historic Markers.

236:40 Historic Markers. –
The commissioner of transportation may erect historic markers or signs within the right-of-way of any class I, II, or III highway. He shall put up a marker upon the petition of 20 or more state citizens. Up to 10 historic markers may be erected in one year. No marker shall be put up which would interfere with reasonable use of the highway.
Source.
RSA 249:38-a. 1955, 199:1. 1961, 31:1. 1969, 455:1. 1981, 87:1; 90:4, 9. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:41 - Historic Preservation Office.

236:41 Historic Preservation Office. –
The state historic preservation office established under RSA 227-C shall consult with the commissioner of transportation on the marker program. Before placing any marker, the commissioner shall secure the state historic preservation office's approval of the marker, its location and its wording. The state historic preservation office shall make any investigation needed to obtain information on the event to be commemorated and on the appropriate location for the marker, including consulting historians and holding public hearings.
Source.
RSA 249:38-b. 1955, 199:1. 1961, 31:1. 1981, 87:1; 90:4, 9. 1983, 422:7. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:42 - Expenses.

236:42 Expenses. –
The expense of putting up historic markers under this subdivision shall be a charge on the highway fund. The commissioner of transportation may accept grants from interested persons to be applied to the expense of this program.
Source.
RSA 249:38-c. 1955, 199:1. 1981, 87:1; 90:4, 9. 1985, 402:6, I(b)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:43 - Permits.

236:43 Permits. –
Selectmen of towns may permit the erection of monuments, tablets and markers by individuals or societies in public highways or other public grounds, in such places and of such character as may be approved by the selectmen, for the purpose of indicating the occurrence of historic events and matters of public interest; provided, that the reasonable use of such highway or other public place shall not be interfered with thereby.
Source.
1909, 12:1. PL 92:19. RL 108:19. 1945, 188:1, part 19:34. RSA 249:39. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:44 - Cooperative Markers.

236:44 Cooperative Markers. –
The state historic preservation office may enter into cooperative agreements with any town, city, or historical society to place an historic marker within the right-of-way of any class IV or V highway. The agreement shall provide for reasonable sharing of the initial expense and for the town, city or society to maintain and care for the marker.
Source.
RSA 249:39-a. 1969, 455:2. 1981, 87:1; 90:5, 9. 1983, 442:8, eff. June 24, 1983.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:45 - Damages.

236:45 Damages. –
If any person shall be damaged in his estate by the erection of such monument, tablet or marker he may apply to the selectmen within 6 months after such erection, but not afterwards, to assess his damages, and thereupon proceedings shall be had, as in the case of assessment of damages in laying out highways by selectmen.
Source.
1909, 12:2. PL 92:20. RL 108:20. 1945, 188:1, part 19:35. RSA 249:40. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:46 - Change of Location.

236:46 Change of Location. –
Any person whose rights or interests shall be affected by such location may, within 60 days after the approval of the selectmen, as provided in RSA 236:43, but not afterwards, petition the selectmen for such changes in the terms of the location as he may desire; and, after notice to parties and hearing, the selectmen may alter or revoke said location as justice may require.
Source.
1909, 12:3. PL 92:21. RL 108:21. 1945, 188:1, part 19:36. RSA 249:41. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:47 - Petition to Court.

236:47 Petition to Court. –
If the selectmen shall neglect or refuse after 30 days to decide and make return of their proceedings upon any petition addressed to them under the provisions of the preceding section, or if any party whose interests are affected by such decision is dissatisfied therewith, the petitioner or party so dissatisfied may apply to the superior court for relief within 60 days thereafter; and like proceedings shall thereupon be had as in the case of appeals from the laying out of highways by selectmen.
Source.
1909, 12:5. PL 92:22. RL 108:22. 1945, 188:1, part 19:37. RSA 249:42. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:48 - Return; Record; Fees.

236:48 Return;  Record;  Fees. –
The selectmen shall, within 30 days, make a return of their proceedings and decision upon every petition presented to them and of every location by them approved under the provisions of this subdivision, and shall cause the same to be recorded by the town clerk. The fees of the selectmen and town clerk shall be paid by the petitioner.
Source.
1909, 12:4. PL 92:23. RL 108:23. 1945, 188:1, part 19:38. RSA 249:43. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:48-a - DWI Victim Fatality Sign Program.

236:48-a DWI Victim Fatality Sign Program. –
I. A next of kin may apply to the department of transportation to sponsor a sign memorializing an individual who was fatally injured in a traffic accident, occurring after July 1, 2006, in which there is substantial evidence gathered by law enforcement that another driver caused the accident while driving in violation of RSA 265-A:2 or RSA 265-A:3. The applicant shall complete a DWI victim fatality sign application furnished by the department. The applicant shall include with the application:
(a) The date of the accident.
(b) The location of the accident.
(c) The name of the driver driving while intoxicated or under the influence of drugs.
(d) An affidavit by the applicant that the individual to be memorialized was fatally injured in the traffic accident and that there is substantial evidence gathered by law enforcement that the other driver was at fault and that drugs or alcohol were involved.
(e) The name of the individual who was fatally injured as it should appear on the name plaque.
II. Within 60 days, or as soon as practical, after the department of transportation receives a correctly completed application submitted under paragraph I and the department has inspected the proposed site for the sign, the department shall send a written decision to the applicant as to whether the proposed sign installation is in compliance with this section.
III. (a) A sign that the department approves under this section shall be placed in the state-maintained highway right-of-way, at cost to an applicant, near the location of the accident and facing the oncoming traffic, without obstructing the visibility of an existing traffic sign.
(b) Signs shall not be placed within an interstate right-of-way, or on-ramps and off-ramps of such highways.
(c) The department shall furnish, install, and retain ownership of the DWI fatality sign.
IV. If a sign is applied for under paragraph I and approved by the department, the department shall install a DWI fatality sign that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads "IN MEMORY OF (the victim's name)."
V. No more than 4 name plaques of victims may appear below the DWI fatality sign on a single sign installation. If there were more than 4 victims fatally injured in the traffic accident, the department of transportation may install additional signs in the vicinity of the accident.
VI. Unless it determines that public safety requires removal, the department shall keep a sign installation in its designated location for 2 years after the date of its installation. After the 2-year period ends, the department shall remove the sign. No petition for time extension or re-erection of such sign shall be accepted.
Source.
2010, 80:1, eff. May 19, 2010.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:49 - Permit Required.

236:49 Permit Required. –
It shall be unlawful to construct a drive-in theatre with direct access to or from any class I, II or III highway, without first obtaining a written permit from the commissioner of transportation covering access provisions and such additional provisions as may be required to promote safety on the adjoining highways.
Source.
RSA 249:44. 1955, 135:1, par. I. 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 236:50 - Hearing.

236:50 Hearing. –
Said commissioner is authorized to conduct a public hearing, if deemed that the public good requires, or the individual requesting permit files written demand for same, to be held before the commissioner or the assistant commissioner of transportation, and the director of the division of motor vehicles of the department of safety and the director of the division of state police of the department of safety, or their authorized representatives, acting in an advisory capacity to the commissioner or assistant commissioner of transportation. Written notice of such hearing shall be given to the applicant or applicants and the town authorities, and notice to the public posted in a public place in the town where construction is proposed, at least 2 weeks prior to date of hearing.
Source.
RSA 249:45. 1955, 135:1, par. II. 1961, 166:3. 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 236:51 - Provisions of Permit.

236:51 Provisions of Permit. –
Said commissioner, with the advice of the director of the division of motor vehicles of the department of safety and director of the division of state police of the department of safety, may issue a permit in each case containing such requirements and provisions as will protect the safety of the traveling public. He may provide that the screen of a drive-in theatre be so placed as will prevent the view of the picture face of same from said highways or provide that suitable screening be placed as will obstruct said view if topography does not allow such placement. He may provide that in any location where the free flow of traffic from the highway to a drive-in theatre is prevented by the operation of ticket sellers, parking attendants or in any other manner, there shall be provided an adequate storage area for vehicles between the highway pavement and the location of ticket booths, parking area, or other cause of traffic stoppage and delay, to prevent backing up of vehicles on the highway pavement. He may provide that traffic control devices or warning signals be installed, meeting his approval, located within the establishment as well as similar devices controlling the state highway. Application for permit by the owner or owners shall be made at least 60 days before proposed construction. A plot plan of proposed establishment shall be included with the application for said permit.
Source.
RSA 249:46. 1955, 135:1, par. III. 1961, 166:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:52 - Appeal.

236:52 Appeal. –
Any party aggrieved by the decision of the commissioner may appeal said decision under procedure as provided by RSA 541.
Source.
RSA 249:47. 1955, 135:1, par. IV. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:53 - Penalty.

236:53 Penalty. –
Any person who violates any provision of this subdivision or RSA 236:54 hereof or the requirements or provisions of permits thereunder, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, and shall cease operation of any offending establishment pending fulfillment of requirements and special provisions.
Source.
RSA 249:48. 1955, 135:1, par. VI. 1973, 530:30. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:54 - Location.

236:54 Location. –
It shall be unlawful to erect any roadside advertising within a distance of 400 feet of any highway intersection of class I and II highways or railroad grade crossings thereon when said advertising obstructs the view of said intersections and crossings, rendering the approach to same by vehicular traffic hazardous.
Source.
RSA 249:49. 1955, 135:1, par. V. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:55 - Prohibition.

236:55 Prohibition. –
It shall be unlawful to place any light along a highway so positioned as to blind or dazzle the vision of travelers on the adjacent highway. The commissioner of transportation shall enforce provisions of this section for lights along class I, II or III highways and the selectmen shall enforce the provisions hereof on class IV, V and VI highways. Whenever a person shall violate the provisions of this section he shall be given written notice to correct the location of the light. If he does not so correct the location of the light within a period of 30 days from the date of written notice to do so, he shall be prosecuted for violation of the provisions hereof. Whoever violates any provision of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and in either case shall cease all operation of such offending light.
Source.
RSA 249:50. 1957, 159:1. 1973, 530:31. 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 236:57 - Penalty.

236:57 Penalty. –
Any person who violates the provisions of RSA 236:56 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and, in addition, shall be liable for the cost of restoration of damages to the easement or right-of-way.
Source.
RSA 249:53. 1971, 157:1. 1973, 530:33. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:58 - Camping Restricted.

236:58 Camping Restricted. –
No person shall pitch a tent or place or erect any other camping device or sleep on the ground within the public right-of-way or on public property unless permission is received from the governing board of the governmental authority having jurisdiction over such public right-of-way or property.
Source.
RSA 249:54. 1975, 335:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:59 - Penalty.

236:59 Penalty. –
Any person who violates RSA 236:58 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and, in addition, shall be liable for the cost of restoration for any damage caused to a highway easement or right-of-way.
Source.
RSA 249:55. 1975, 335:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:64 - Erection by Department of Transportation.

236:64 Erection by Department of Transportation. –
The department of transportation may, after October 15, erect a fence upon property adjacent to any class I, II or III highway in order to prevent snow from drifting thereon. The view from the landowner's buildings shall not be obstructed by such fence unless he consents, and the fence shall be removed on or before May 1.
Source.
1927, 119:1, 2. RL 109:38. 1945, 188:1, part 10:13. 1951, 31:1. RSA 248:1. 1981, 87:1. 1985, 402:6, I(a)(7).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:65 - Damages.

236:65 Damages. –
The landowner shall be entitled to damages sustained by the erection, maintenance, and removal of such fence. If the commissioner of transportation and the landowner are unable to agree on such damages the commissioner of transportation shall assess the damages sustained.
Source.
1927, 119:1. RL 109:39. 1945, 188:1, part 10:14. 1950, 5:1, part 9:1, par. 2. RSA 248:2. 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 236:66 - Appeal.

236:66 Appeal. –
The landowner may petition for the assessment of damages to the superior court in the county in which such land is situate within 60 days, and not thereafter, from his receipt of notice of the assessment of damages, and the court shall assess such damages, if any, by jury.
Source.
1945, 188:1, part 10:15. RSA 248:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:67 - Erection by City or Town.

236:67 Erection by City or Town. –
Any city or town may, after October 15, erect a fence upon property adjacent to a public highway in order to prevent snow from drifting thereon. The view from the landowner's buildings shall not be obstructed by such fence unless he consents, and the fence shall be removed on or before May 1.
Source.
1927, 119:1, 2. RL 109:38. 1945, 188:1, part 16:26. 1951, 31:2. RSA 248:4. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:68 - Damages.

236:68 Damages. –
The landowner shall be entitled to damages occasioned by the erection, maintenance and removal of such fence. Either party may apply to the selectmen or the city council for the assessment of damages, and such proceedings shall be had as in the assessment of damages for the laying out of highways by selectmen.
Source.
1927, 119:1. RL 109:39. 1945, 188:1, part 16:27. RSA 248:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 236 - Highway Regulation, Protection and Control Regulations › Section 236:69 - Policy.

236:69 Policy. –
It is hereby declared to be the policy of this state and in the public interest to provide for maximum visibility along the interstate system, federal aid primary system, and turnpike system, and connecting roads or highways; to prevent unreasonable distraction of operators or motor vehicles; to prevent confusion with regard to traffic lights, signs or signals or other interference with the effectiveness of traffic regulations; to promote maximum safety, comfort and well-being of users of the interstate system, federal aid primary system, and turnpike system; to preserve and enhance the natural scenic beauty or the aesthetic features of the interstate system, federal aid primary system, turnpike system and adjacent areas; to promote the reasonable, orderly and effective display of advertising devices along such systems; and to regulate advertising devices along such systems in a manner consistent with customary use in this state. To implement this declared policy and cooperate with the United States government in the construction and maintenance of public highways in accordance with Title 23, United States Code as amended and supplemented, this subdivision provides for the regulation of advertising devices on the interstate and federal aid primary highway systems.
Source.
RSA 249-A:1. 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 236:71 - Licenses.

236:71 Licenses. –
No person shall erect or maintain more than 10 advertising devices in federal highway or turnpike adjacent areas other than such devices described in RSA 236:73, III, IV and V without first obtaining a license from the commissioner of transportation. The fee for such license shall be paid annually in advance. The fee for persons erecting or maintaining 50 or more advertising devices shall be $150 and for persons erecting or maintaining less than 50 but more than 10 such devices, the fee shall be $100. An application for a license or renewal of a license shall contain the name and residence or principal address of the applicant and such other reasonable information as the commissioner may from time to time require and shall be accompanied by the annual fee. Licenses granted under this section shall expire on April 1 following the date of issue, and fees therefor shall not be prorated. All applications for renewal of licenses shall be filed with the commissioner on or prior to March 15 preceding their expiration. Applications for a license or renewal of a license shall be granted except as otherwise provided in RSA 236:78. All fees collected hereunder shall be deposited in the highway fund.
Source.
RSA 249-A:3. 1961, 269:1. 1963, 3:1. 1969, 429:1. 1971, 245:1. 1977, 563:45. 1981, 87:1. 1985, 402:6, I(b)(7).