reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:135 - Lost Bounds; Exceptions.

231:135 Lost Bounds;  Exceptions. –
All streets affected by this subdivision, the bounds of which have been lost, shall be resurveyed so that the provisions of this subdivision may be carried out. Principal streets which have curbings and corners of stone or other similar material, or permanent, durable sidewalks on both sides thereof, shall not be subject to the provisions of this section; but all streets hereafter laid out shall be constructed in accordance with this subdivision.
Source.
1911, 79:3. PL 93:7. RL 109:7. 1945, 188:1, part 21:3. RSA 251:3. 1981, 87:1. 1991, 53:3, eff. July 5, 1991.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:136 - Where in Force.

231:136 Where in Force. –
RSA 231:134 and RSA 231:135 shall be in force in cities and in such towns as shall, at any regular meeting by a majority vote, adopt the same.
Source.
1911, 79:4. PL 93:8. RL 109:8. 1945, 188:1, part 21:4. RSA 251:4. 1981, 87:1. 1991, 53:4, eff. July 5, 1991.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:139 - Tree Wardens.

231:139 Tree Wardens. –
I. A city or town may provide for the appointment of a tree warden or wardens. A tree warden shall be a person known to be interested in planting, pruning, and preserving shade and ornamental trees and shrubs in public ways, village commons, parks, cemeteries, and other public grounds. A tree warden shall be qualified to perform the duties specified as demonstrated through adequate education, experience, or both, in arboriculture, ornamental horticulture, forestry, landscape maintenance, or other related fields. The city or town appointing a tree warden shall advise the division of forests and lands of such appointment and the division shall maintain a roster of tree wardens which shall be available to the public upon request.
II. As determined by the city or town, the duties of a tree warden shall be to help care for, maintain, protect, and perpetuate shade and ornamental community trees and shrubs in town public ways, village commons, parks, cemeteries, and other public grounds, and to advise the governing body from time to time as may be necessary to help accomplish that purpose. The town tree warden shall cooperate and work with other town agencies and officials in carrying out the intent of this chapter.
Source.
1901, 98:1. 1925, 89:1. PL 93:22. RL 109:22. 1945, 188:1, part 23:1. RSA 253:1. 1961, 223:3. 1981, 87:1, eff. April 20, 1981. 2012, 24:1, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:140 - Control of Trees.

231:140 Control of Trees. –
Towns shall have control of all shade or ornamental trees and shrubs situated within the limits of town public ways, village commons, parks, cemeteries, and other public grounds which have been or may be acquired by gift or purchase, or planting by or with the advice of the tree warden, or by condemnation by the tree warden.
Source.
1901, 98:2. 1903, 119:1. 1925, 89:1. PL 93:23. RL 109:23. 1945, 188:1, part 23:2. RSA 253:2. 1981, 87:1, eff. April 20, 1981. 2012, 24:1, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:141 - Acquisition of Trees.

231:141 Acquisition of Trees. –
It shall be the duty of the tree warden to examine the trees growing within the limits of town public ways, village commons, parks, cemeteries, and other public grounds, and to designate from time to time such as may be reasonably necessary for the purpose of shade or ornamentation and to acquire them in the name of the municipality as hereinafter provided, if it can be done, either by gift or by purchase if at a fair price and funds either public or private are available. Failing in this, he or she may take said trees, including the right to maintain the same as shade trees, for the use of the town or city by appraising the fair value of the same and by causing to be served upon the owner thereof a notice of such taking, which notice shall state the number of each variety of tree so taken, the location of the same as near as practicable, and the value thereof as fixed by him or her, or by a committee selected for the purpose, and also by filing a copy of such notice as attested by him or her with the town clerk. If the owner shall be satisfied with the value stated in such notice, the tree warden shall cause the same to be paid to him or her forthwith. If the owner shall be dissatisfied, he or she may, within 30 days after said notice has been served upon him or her, but not afterwards, apply to the selectmen to assess his or her damages. Such proceedings shall thereupon be had, including the right of appeal, as are provided in the case of assessment of damages in laying out of highways by selectmen; and thereupon such damages, if any, may be awarded as shall be legally and justly due to the landowner.
Source.
1901, 98:3. 1909, 93:1. 1925, 89:1. PL 93:24. RL 109:24. 1945, 188:1, part 23:3. RSA 253:3. 1981, 87:1, eff. April 20, 1981. 2012, 24:2, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:142 - Records of Trees Acquired.

231:142 Records of Trees Acquired. –
A record shall be kept of the trees so acquired which may be marked for identification in an appropriate manner as shall be determined by the city or town. Such record may include the approximate location, name of abutting landowner, variety and approximate diameter, and date of acquisition. The tree warden or his or her authorized agent shall represent the interest of the public at any hearing whenever a public service corporation shall desire to cut or remove any shade or ornamental tree in accordance with RSA 231:172, or may have caused damage to such trees.
Source.
1895, 85:2, 3. 1901, 98:2. 1903, 119:1. 1925, 89:1. PL 93:25. RL 109:25. 1945, 188:1, part 23:4. RSA 253:4. 1981, 87:1, eff. April 20, 1981. 2012, 24:3, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:143 - Appropriation.

231:143 Appropriation. –
Such sums of money as the town may appropriate, or as are available, may be used to carry out the provisions of RSA 231:139-142.
Source.
1909, 93:1. 1925, 89:1. PL 93:26. RL 109:26. 1945, 188:1, part 23:5. RSA 253:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:144 - Removal of Trees.

231:144 Removal of Trees. –
Whoever desires the cutting and removal in whole or in part of any public shade or ornamental tree owned by the city or town may apply to the tree warden, who shall give a public hearing, upon the application, at some suitable time and place, after publishing and posting notices of the hearing in 2 or more public places in town and also upon the tree or trees which it is desired to cut and remove; provided, that the tree warden may, if he or she deems it expedient, grant permission for such cutting or removal, without a hearing, if the tree in question is on a public way outside of the residential part of the town limits, such residential part to be determined by the tree warden. No tree within such residential limit shall be cut by the tree warden, except to trim it, or removed by the tree warden, without such hearing. The decision of the tree warden shall be subject to review as provided for by the governing body.
Source.
1901, 98:5. PL 93:27. RL 109:27. 1945, 188:1, part 23:6. RSA 253:6. 1963, 153:1. 1981, 87:1, eff. April 20, 1981. 2012, 24:4, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:145 - Removal of Certain Hazardous Trees.

231:145 Removal of Certain Hazardous Trees. –
Notwithstanding the provisions of other sections of this subdivision and subject to the provisions of RSA 231:157 and RSA 231:158, the commissioner of transportation on class I and III highways, and state maintained portions of class II highways, and the governing bodies of cities and towns and the county commissioners for unorganized places on class IV, V, and VI highways and town maintained portions of class II highways may declare any tree, either alive or dead, situated within the limits of highways, roads, or streets to be a public nuisance by reason of danger to the traveling public, spread of tree disease, or the reliability of equipment installed at or upon utility facilities authorized under RSA 231:160 or RSA 231:160-a. After such declaration by such authority and notice to the abutting landowner on whose property such tree is located the said authority shall within a reasonable time remove the same without compensation or cost to the abutter. However, no such declaration and notice shall be required when the delay entailed by such declaration and notice would pose an imminent threat to safety or property, including electric transmission and distribution lines. Nothing in this subdivision shall be construed to relieve the public utility companies of their accepted responsibility of tree trimming and tree removal for the protection of their lines, or for the construction of new lines, or to alter the provisions of RSA 231:150-182 in any manner. The state and municipal authorities may require of the public utilities owning lines which pass through or near a tree or trees which are condemned for removal as a public nuisance to assist in their removal at their expense by either the temporary removal of their lines or by causing to be removed at their expense the top portion of said tree or trees from a point below their lines.
Source.
RSA 253:6-a. 1959, 135:1. 1981, 87:1. 1985, 402:6, I(b)(3). 1991, 134:1, eff. July 19, 1991. 2009, 267:2, eff. Sept. 14, 2009. 2012, 24:5, eff. May 2, 2012. 2015, 89:1, eff. Aug. 4, 2015.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:146 - Notice.

231:146 Notice. –
Notice to the abutting landowner of a tree declared a public nuisance shall be given by delivery at his place of residence or by sending by registered mail to his last known address and it shall clearly state the intention of removal of such tree. He may appeal to the superior court as to the validity of such declaration within 30 days of delivery or mailing of said notice, and shall be entitled to a speedy hearing. The final judgment upon every appeal shall be a decree dismissing the appeal, or vacating the declaration complained of in whole or in part, as the case may be; but in case such declaration is wholly or partly vacated the court may also, at its discretion, remand the matter to the said department, city, county, or town for such further proceedings, not inconsistent with the decree, as justice may require. Following expiration of the aforesaid 30-day period of appeal, or following waiver of said right of appeal, the abutting landowner is relieved of any liability or responsibility in connection with the tree or trees declared a public nuisance and similarly is relieved of any liability or responsibility in connection with any stump or stumps left remaining.
Source.
RSA 253:6-b. 1959, 135:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:147 - Injury or Defacement of Trees.

231:147 Injury or Defacement of Trees. –
It shall be unlawful to cut, destroy, injure, deface, or break any public shade or ornamental tree; or to affix to any such tree a play bill, picture, announcement, notice, advertisement, political or otherwise, or other device or thing, or to paint or mark such tree, except for the purpose of protecting it and under a written permit from the tree warden.
Source.
1901, 98:6. PL 93:28. 1933, 8:1. RL 109:28. 1945, 188:1, part 23:7. RSA 253:7. 1981, 87:1, eff. April 20, 1981. 2012, 24:6, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:148 - Trees Donated.

231:148 Trees Donated. –
Whenever any party, at a proper time of the year, shall present to a municipality well grown nursery trees, the tree wardens may set out such trees in the highways, cemeteries, commons, schoolhouse yards and other public places, as indicated by the donor, and protect the same at the expense of the town to the extent that funds are available for such purpose.
Source.
1897, 44:1. PL 93:29. RL 109:29. 1945, 188:1, part 23:8. RSA 253:8. 1981, 87:1, eff. April 20, 1981. 2012, 24:7, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:149 - Public Ownership.

231:149 Public Ownership. –
Any young shade or ornamental tree planted within the limits of a public highway by the tree wardens or by any other person or persons, with the approval of the governing body, or any young seedling tree or sprout left within the limits of the highway as specified in RSA 231:150 and designated by the tree warden to be preserved for its future value as a shade tree, shall become the property of the municipality; provided, that the abutting landowner, having been notified of the intention of the municipality to take and preserve such young tree, shall make no written objection to the tree warden within 30 days from the date of such notification.
Source.
1901, 98:7. 1915, 138:1. 1917, 62:1. PL 93:30. RL 109:30. 1945, 188:1, part 23:9. RSA 253:9. 1981, 87:1, eff. April 20, 1981. 2012, 24:8, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:150 - Clearing Highways.

231:150 Clearing Highways. –
Governing bodies of cities and towns, and county commissioners for unorganized places shall annually, and at other times when advisable, cause to be cut and disposed of, from within the limits of town maintained highways, all trees and bushes that may cause damage or pose a safety hazard to such highways or to the traveling public; provided however that no tree which has a circumference of 15 inches or more at a point 4 feet from the ground shall be removed in the absence of notice to the abutter in the same manner as provided in RSA 231:145 and RSA 231:146, except when the delay entailed by such notice would pose an imminent threat to safety or property. Shade and fruit trees that have been set out or marked by the abutting landowners or by the town tree wardens, and young trees standing at a proper distance from the highway and from each other, shall be preserved, as well as banks and hedges of bushes that serve as a protection of the highway, or that add to the beauty of the roadside.
Source.
1913, 111:2. 1915, 138:1. 1917, 62:1. PL 93:31. RL 109:31, 1945, 188:1, part 23:10. RSA 253:10. 1981, 87:1. 1991, 134:2, eff. July 19, 1991. 2012, 24:9, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:151 - Improvements by Abutter.

231:151 Improvements by Abutter. –
A municipality may contract with any owner of land abutting a public highway to cut, trim, and improve the roadside growth along said owner's property, and for all such work properly done in carrying out the provisions of RSA 231:150 and approved by the tree wardens, may allow and cause to be paid to such owner such sums as in their judgment, with the advice of the tree wardens, justly represent the value to the town of the improved condition of the roadside.
Source.
1915, 138:1. 1917, 62:1. PL 93:32. RL 109:32. 1945, 188:1, part 23:11. RSA 253:11. 1981, 87:1, eff. April 20, 1981. 2012, 24:10, eff. May 2, 2012.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:152 - Burning Brush.

231:152 Burning Brush. –
Whenever any trees or brush cut along the highway are disposed of by burning, the cut trees or brush shall be removed a safe distance from any adjoining woodland or from any tree or hedge designated or desirable for preservation, and such burning shall be done with the permission of the forest fire warden. All trees or brush thus cut from within the limits of the highway shall be disposed of within 30 days from the cutting thereof.
Source.
1901, 98:7. 1913, 111:2. 1915, 138:1. 1917, 62:1. PL 93:33. RL 109:33. 1945, 188:1, part 23:12. RSA 253:12. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:153 - Disposal of Brush.

231:153 Disposal of Brush. –
If any cut brush has been left within the limits of any public highway for a longer period than 30 days the director, division of forests and lands, department of natural and cultural resources, may complete the removal or disposal of such brush and assess the costs thereof against the party authorizing or causing such nuisance. If the said costs are not paid within a reasonable time they may be recovered in an action brought by the attorney general upon complaint of the director.
Source.
1917, 62:1. PL 93:34. RL 109:34. 1945, 188:1, part 23:13. RSA 253:13. 1961, 223:3. 1981, 87:1, eff. April 20, 1981. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:154 - Taking Tree Rights.

231:154 Taking Tree Rights. –
When any highway shall be laid out damages may be assessed to the abutting owners to provide for the maintenance or planting, from time to time, within the limits of such highway, of such shade and ornamental trees as may be necessary for the preservation and improvement of such highway. Damages may be assessed to abutting owners on any existing highway upon petition therefor, and such proceedings had as in the laying out of highways by selectmen to provide for the maintenance and planting from time to time, of such trees within the limits of such highways as may be necessary for the preservation and improvement of the same. When such damage shall be assessed and paid there shall be, in addition to the right of travel over such highway, a public easement to protect, preserve and renew the growth thereon for the purposes aforesaid.
Source.
1915, 138:1. 1917, 62:1. PL 93:35. RL 109:35. 1945, 188:1, part 23:14. RSA 253:14. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:155 - State Supervision.

231:155 State Supervision. –
On all class I and III highways, and state maintained portions of class II highways, the commissioner of transportation shall have under his supervision the planting, acquisition, maintenance and removal of all trees and vegetation and the same powers relative thereto as conferred by this subdivision or any other law upon the cities and towns on highways under their jurisdiction. The commissioner shall make such rules and regulations for the purposes hereof as shall, in his judgment, seem for the best interests of the state.
Source.
1913, 111:2. 1915, 138:1. 1917, 62:1. PL 93:36. RL 109:36. 1945, 188:1, part 23:15. 1950, 5:1, part 9:1, par. 2. RSA 253:15. 1959, 135:2. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:156 - Penalty.

231:156 Penalty. –
Any person who violates any provision of this subdivision or any rule or regulation thereunder made by the commissioner of transportation shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Any person shall be liable for all damage occasioned thereby.
Source.
1901, 98:8. PL 93:37. RL 109:37. 1945, 188:1, part 23:16. 1950, 5:1, part 9:1, par. 2. RSA 253:16. 1973, 530:34. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:157 - Scenic Roads; Designation.

231:157 Scenic Roads;  Designation. –
Any road in a town, other than a class I or class II highway, may be designated as a scenic road in the following manner. Upon petition of 10 persons who are either voters of the town or who own land which abuts a road mentioned in the petition (even though not voters of the town), the voters of such town at any annual or special meeting may designate such road as a scenic road. Such petitioners shall be responsible for providing the town clerk with a list of known property owners whose land abuts any of the roads mentioned in the petition. The town clerk shall notify by regular mail within 10 days of the filing all abutters along the road that lies within the town that a scenic road petition has been filed for and that an article to designate such road as a scenic road will appear in the warrant at the next town meeting. The voters at a regular town meeting may rescind in like manner their designation of a scenic road upon petition as provided above. Notice to the abutting landowners shall also be given as provided above. Each town shall maintain and make available to the public a list of all roads or highways or portions thereof within the town which have been designated as scenic roads. Such list shall be kept current by updating not less than annually and shall contain sufficient information to permit ready identification of the location and extent of each scenic road or portion thereof, by reference to a town map or otherwise.
Source.
RSA 253:17. 1971, 455:1. 1973, 586:1. 1981, 87:1. 1992, 160:3, eff. July 5, 1992.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:159 - Applicability of Subdivision.

231:159 Applicability of Subdivision. –
The provisions of this subdivision apply to all cities and towns now or hereafter incorporated, except such provisions thereof as may have been or are hereafter specifically amended or repealed in the act of incorporation.
Source.
1949, 287:1. RSA 254:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:160 - Authority to Erect.

231:160 Authority to Erect. –
Telegraph, television, telephone, electric light and electric power poles and structures and underground conduits and cables, with their respective attachments and appurtenances may be erected, installed and maintained in any public highways and the necessary and proper wires and cables may be supported on such poles and structures or carried across or placed under any such highway by any person, copartnership or corporation as provided in this subdivision and not otherwise.
Source.
1881, 54:1. 1889, 4:1. PS 81:1. PL 97:1. 1935, 100:1. RL 113:1. 1945, 188:1, part 24:1. 1951, 184:1. RSA 254:2. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:160-a - Exception for Existing Locations.

231:160-a Exception for Existing Locations. –
Any poles, structures, conduits, cables or wires, the location of which have already been approved by the local land use board as part of a subdivision, site plan, or other development approval, shall, if such location becomes a public highway, be deemed legally permitted or licensed without further proceedings under this subdivision; provided, that copies of the appropriate utilities' easements, work plans, or other data showing locations of such structures, are submitted to the municipality for recording purposes.
Source.
1989, 90:1, eff. June 30, 1989.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:162 - Confirming Locations.

231:162 Confirming Locations. –
Similar proceedings may be had for locating and licensing poles and structures and underground conduits and cables already constructed with or without license, or for changing the location of any such property constructed with or without license; but nothing contained in this section or this subdivision shall affect the validity of locations heretofore granted.
Source.
1935, 100:1. RL 113:3. 1945, 188:1, part 24:3. RSA 254:4. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:163 - Changes.

231:163 Changes. –
Any such licensee or any person whose rights or interests are affected by any such license may petition the selectmen for changes in the terms thereof; and after notice to the parties and hearing, the selectmen may make such alterations therein as the public good requires. The selectmen, after notice to any such licensee and hearing, may from time to time revoke or change the terms and conditions of any such license, whenever the public good requires.
Source.
1881, 54:4. PS 81:3. PL 97:3. 1935, 100:1. RL 113:4. 1945, 188:1, part 24:4. RSA 254:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:164 - Return and Record.

231:164 Return and Record. –
The selectmen or the board of mayor and aldermen or other board having authority to locate poles and wires in cities, or the commissioner of transportation, within 6 months after any petition authorized by this subdivision has been presented for action, shall make a return of their proceedings and their decision thereon; provided, however, that if a permit is granted upon petition therefor, return and decision upon the petition for license presented in connection with such petition for permit shall be made on or before the expiration of such permit. They shall cause the petition for license and their return to be recorded by the clerk of the city or town in which the poles, structures, conduits, cables or wires are located.
Source.
PS 81:8. PL 97:8. 1935, 100:1. 1937, 102:2. RL 113:5. 1943, 126:2. 1945, 188:1, part 24:5. RSA 254:6. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:165 - Services and Fees.

231:165 Services and Fees. –
I. If the proprietors of the line are the petitioners, they shall pay the town clerk for his services and fees.
II. If a landowner is the petitioner he shall advance the payment for such services and fees, and if his petition is sustained he may recover the same from the proprietors of the line.
III. The town clerk shall be entitled to a fee of $10, which shall be remitted when the license is recorded.
Source.
PS 81:8. PL 97:9. 1935, 100:1. RL 113:6. 1945, 188:1, part 24:6. RSA 254:7. 1981, 87:1; 360:1. 1991, 252:1, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:166 - Petition to Court.

231:166 Petition to Court. –
If the selectmen or the board of mayor and aldermen or other board having authority to locate poles and wires in cities, or the commissioner of transportation, shall neglect or refuse to decide and make return of their proceedings upon any petition authorized hereby within the times limited by RSA 231:164, or if any party whose interests are affected by their decision on any such petition or in granting a license, changing the terms thereof, or revoking the same, is dissatisfied therewith, the petitioner or party so dissatisfied may apply to the superior court for relief within 60 days after the expiration of the times limited by RSA 231:164 or after such decision; and like proceedings shall thereupon be had as in the case of appeals from the laying out of highways by selectmen.
Source.
1881, 54:7. PS 81:9. 1897, 16:1. PL 97:10. 1935, 100:1. 1937, 102:3. RL 113:7. 1945, 188:1, part 24:7. RSA 254:8. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:167 - Damages.

231:167 Damages. –
If any person shall be damaged in his estate by the erection of any such poles or other structures, or by the installation of any such underground conduits or cables or by installing or placing any wire, cable, guy, cross-arm, fixtures, transformers, manhole, drain, or other apparatus in or under the highway by authority of any such license, he may apply to the selectmen to assess his damages. Such proceedings shall thereupon be had as are provided in the case of assessment of damages in laying out highways by the selectmen, and such damages, if any, may be awarded as shall be legally and justly due.
Source.
1881, 54:6. PS 81:6. 1897, 81:1. PL 97:6. 1935, 100:1. RL 113:8. 1945, 188:1, part 24:8. RSA 254:9. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:168 - Interference With Travel.

231:168 Interference With Travel. –
The location of poles and structures and of underground conduits and cables by the selectmen shall be made so far as reasonably possible so that the same and the attachments and appurtenances thereto will not interfere with the safe, free and convenient use for public travel of the highway or of any private way leading therefrom to adjoining premises or with the use of such premises or of any other similar property of another licensee. The location of any such pole or structure or underground conduit or cable, when designated by the selectmen pursuant to the provisions of this subdivision shall be conclusive as to the right of the licensee to construct and maintain the same in the place located without liability to others except as is expressly provided in RSA 231:175 and 231:176. In no event shall any town or city or any official or employee thereof or of the department of transportation be under liability by reason of the death of or damages sustained by any person or to any property occasioned by or resulting from the location, construction, or maintenance of any pole, structure, conduit, cable, wire, or other apparatus in any highway, pursuant to the provisions of this subdivision.
Source.
1877, 50:1. GL 80:1. 1881, 54:2, 5. PS 81:4. PL 97:4. 1935, 100:1. RL 113:10. 1945, 188:1, part 24:9. RSA 254:10. 1959, 223:3. 1981, 87:1. 1985, 402:6, I(a)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:169 - Joint Licenses.

231:169 Joint Licenses. –
Joint licenses for erecting or installing and maintaining any jointly owned poles, structures, conduits, cables and wires may be granted under the provisions hereof to 2 or more petitioners.
Source.
1935, 100:1. 1937, 102:5. RL 113:11. 1945, 188:1, part 24:10. RSA 254:11. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:170 - Transfer of License.

231:170 Transfer of License. –
In connection with the transfer of all or any interest in any poles, structures, conduits, cables, or wires, the transferor may by appropriate assignment transfer his or its license to maintain the same and the transferee shall be entitled to have and exercise such license to the extent necessary for his or its use of the transferred property, upon recording such assignment with the clerk of the town in which said property is situated.
Source.
1937, 102:6. RL 113:12. 1945, 188:1, part 24:11. RSA 254:12. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:171 - Renewal and Replacement.

231:171 Renewal and Replacement. –
Any pole or structure or underground conduit or cable installed under license as provided herein may be renewed or replaced as occasion requires in approximately the location originally designated therefor; and any variation in location which is reasonably necessary in making such renewal or replacement in the usual or customary manner, shall not affect the rights of the licensee as defined herein.
Source.
1935, 100:1. RL 113:13. 1945, 188:1, part 24:12. RSA 254:13. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:173 - Unlicensed.

231:173 Unlicensed. –
If any such pole, or structure, or underground conduit or cable, or any attachment or appurtenance thereto, is willfully placed or maintained in any highway without valid license therefor, it shall be removed upon demand by the authority having jurisdiction to issue licenses pursuant to this subdivision at the place where such pole, or structure, or underground conduit or cable, or any attachment or appurtenance thereto is located.
Source.
PS 81:10. PL 97:11. 1935, 100:1. RL 113:15. 1945, 188:1, part 24:14. RSA 254:15. 1959, 223:4. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:174 - No Prescriptive Right.

231:174 No Prescriptive Right. –
No enjoyment by a person, copartnership, or corporation for any length of time of the privilege of having or maintaining wires and their supports and appurtenances in, upon, over, or attached to any building or land of other persons, shall create an easement or raise any presumption of a grant thereof.
Source.
1881, 54:2. PS 81:9. PL 97:12. 1935, 100:1. RL 113:16. 1945, 188:1, part 24:15. RSA 254:16. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:175 - To Indemnify Town.

231:175 To Indemnify Town. –
The proprietors of every line of wire strung in a highway shall indemnify the town against all damages, costs and expenses to which it may be subjected by reason of any insufficiency or defect in the highway occasioned by the presence of the wires and their supports therein.
Source.
PS 81:16. PL 97:15. 1935, 100:1. RL 113:17. 1945, 188:1, part 24:16. RSA 254:17. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:176 - To Party Injured.

231:176 To Party Injured. –
Any party receiving injury in his person or estate from any pole, or structure, or underground conduit or cable, or any attachment or appurtenance thereto within the highway limits may maintain an action for damages against the proprietor of the object causing such injury if such injury has been caused by the location of the object so as to interfere with the safe, free and convenient use of the highway, or by the negligent construction, operation or maintenance of such object; provided, however, that where a pole is unlicensed, the burden of proving that the object causing injury did not interfere with the safe, free and convenient use of the highway, or that such object was not negligently constructed, operated or maintained shall be upon the proprietor of such object. The provisions of this section shall not apply to actions for damages based upon injuries occurring prior to October 10, 1959.
Source.
PS 81:16. PL 97:16. 1935, 100:1. RL 113:18. 1945, 188:1, part 24:17. RSA 254:18. 1959, 223:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:177 - Removal of Wires and Poles by the State or Town After Notice.

231:177 Removal of Wires and Poles by the State or Town After Notice. –
Poles used by telephone, telegraph or other public utilities including railroads and street railways may be removed after 10 days' notice in writing of the intention to remove the same has been given by the commissioner of transportation or the highway agent of any city or town.
Source.
1945, 188:1, part 24:18. RSA 254:19. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:178 - Service of Notice.

231:178 Service of Notice. –
Such notice may be served by any agent of the department of transportation or by the highway agent of any city or town on such utility or any agent or officer thereof.
Source.
1945, 188:1, part 24:19. RSA 254:20. 1981, 87:1. 1985, 402:6, I(a)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:179 - Notice; Contents; Record.

231:179 Notice;  Contents;  Record. –
The notice of removal of any such pole shall designate the location in the highway to which the same shall be removed, and such notice, together with affidavit or acceptance of service thereof, shall be recorded in the office of the clerk of the city or town in which such pole is located. The notice shall take effect when the same, with such affidavit or acceptance of service endorsed thereon, shall be thus recorded, and the 10 days shall run from the date of such record.
Source.
1945, 188:1, part 24:20. RSA 254:21. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:180 - Defining Location.

231:180 Defining Location. –
The location defined in such notice of any pole so removed, together with the wires thereon, shall be of the same validity as if made under a permit by the commissioner of transportation in case of state maintained highways or selectmen or mayor and aldermen in case of other highways.
Source.
1945, 188:1, part 24:21. RSA 254:22. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:181 - Time of Removal.

231:181 Time of Removal. –
All such poles shall be removed within the time designated, and, if not removed by the date stated in such notice, may be forthwith removed by the agency giving notice at the expense of the owner.
Source.
1945, 188:1, part 24:22. RSA 254:23. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:182 - Temporary Removal.

231:182 Temporary Removal. –
Whenever it shall be necessary for any lawful purpose temporarily to displace, remove, or sever any wire, pole, or structure lawfully maintained in any highway and the proprietor thereof shall neglect or refuse to take such action within 24 hours after request therefor, the person desiring such action may apply to the selectmen for an order requiring such action to be taken by such proprietor. Thereupon the selectmen shall appoint a hearing to be held within 6 days after such petition has been presented to them and shall give such proprietor at least 3 days' notice thereof. After hearing, the selectmen may by order require the proprietor to take the action requested, if in their judgment said action is reasonably necessary, and fix the time within which it shall be completed and specify whether the petitioner shall pay all or any part of the expense thereof; and it shall be the duty of such proprietor to comply with such order within the time stated therein and he shall thereupon be entitled to reimbursement from the petitioner in accordance with said order, within 6 days after demand therefor by the proprietor stating the amount. Such proprietor shall be entitled to recover from the petitioner in an action of debt the petitioner's part of the expense determined in said order. In case such proprietor shall fail to comply with such order, he shall forfeit to the petitioner a sum equivalent to $10 for each day while such default continues.
Source.
1870, 10:1. GL 80:3. PS 81:14. PL 97:13. 1935, 100:1. RL 113:19. 1945, 188:1, part 24:23. RSA 254:24. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:183 - Applicability of Subdivision.

231:183 Applicability of Subdivision. –
The provisions of this subdivision shall apply to all cities and towns now or hereafter incorporated, except such provisions thereof as may have been or are hereafter specifically amended or repealed in the act of incorporation.
Source.
1949, 287:1. RSA 255:1. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:184 - Excavation in Highway.

231:184 Excavation in Highway. –
No person or corporation shall dig up any highway or public ground for the purpose of laying water or gas pipes, or other pipes or structures therein, or of repairing the same, without first obtaining the consent of the commissioner of transportation or his division engineer when the excavation is in any state-maintained highway and in all other cases the consent of the selectmen or highway agent of the town or the mayor and aldermen or street commissioner of the city; except, in cases of emergency where the public health or safety is endangered, such action may be taken as provided in RSA 236:9.
Source.
1854, 1527:1. GS 141:1. 1868, 1:40. GL 155:1. PS 82:1. PL 98:1. RL 114:1. 1945, 188:1, part 25:1. RSA 255:2. 1981, 87:1. 1985, 402:6, I(b)(3).
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:185 - Restoring Highway.

231:185 Restoring Highway. –
Every person and every corporation who shall dig up any highway or public ground for such purpose shall restore the highway or ground to as good condition as it was in before so doing, without unnecessary delay, and shall take all necessary precautions to protect the public from injury by their acts.
Source.
1854, 1527:1. GS 141:1. 1868, 1:40. GL 155:1. PS 82:2. PL 98:2. RL 114:2. 1945, 188:1, part 25:2. RSA 255:3. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:186 - Liability for Damages.

231:186 Liability for Damages. –
They shall be liable for all damages occasioned to the town or city, or to any person, by an act so done or by any negligence connected therewith.
Source.
1854, 1527:1. GS 141:1. 1868, 1:40. GL 155:1. PS 82:2. PL 98:3. RL 114:3. 1945, 188:1, part 25:3. RSA 255:4. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:187 - Petition for Easement.

231:187 Petition for Easement. –
Selectmen, upon petition of any aqueduct or gaslight corporation or company, or of any person who supplies water or gas to people for hire, may lay out for the petitioner an easement to place and maintain pipes and other structures for conveying water or gas in any unaccepted street or private way in the town if they find that the public good requires it.
Source.
1877, 55:1, 2. GL 155:2, 3. PS 82:3. PL 98:4. RL 114:4. 1945, 188:1, part 25:4. RSA 255:5. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:188 - Procedure.

231:188 Procedure. –
They shall proceed upon such petition the same as in the laying out of a highway; and the owner of the land in which the easement is taken shall have like remedy by appeal.
Source.
1877, 55:2, 3. GL 155:3, 4. PS 82:4. PL 98:5. RL 114:5. 1945, 188:1, part 25:5. RSA 255:6. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:189 - Malicious Injury to Aqueducts or Pipes; Penalty.

231:189 Malicious Injury to Aqueducts or Pipes;  Penalty. –
Any person who shall wantonly and maliciously injure any aqueduct, or the pipes, logs or other property of any gaslight company, aqueduct company or person, shall be liable to pay treble damages to such company or person in an action on the case, and shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1854, 1527:2. GS 141:2. 1868, 1:41. GL 155:5. PS 82:5. PL 98:6. RL 114:6. 1945, 188:1, part 25:6. RSA 255:7. 1973, 529:45. 1981, 87:1, eff. April 20, 1981.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231 - Cities, Towns and Village District Highways › Section 231:190 - Statement of Purpose.

231:190 Statement of Purpose. –
The general court finds that important sectors of commerce of this state depend, in part, on the efficient vehicle transport of unprocessed natural resources, manufactured goods and other commercial products across class IV, V, and VI municipal roads. The condition of such roads may at times necessitate that certain limits, seasonal or otherwise, as authorized in RSA 41:11, be placed upon the weight of vehicles that can safely pass across such roads, so as to avoid causing damage which may result in hazards to public safety or excessive municipal expense. The general court urges municipalities to exercise this authority in ways that do not unreasonably infringe on the efficient movement of unprocessed natural resources, manufactured goods and other commercial products essential to a healthy state economy.
Source.
1995, 104:1, eff. July 15, 1995.
2023 New Hampshire Revised Statutes › Title XX - Transportation › Chapter 231-A - Municipal Trails › Section 231-A:1 - Class A and B Trails.

231-A:1 Class A and B Trails. –
I. A class A trail shall be a full public right-of-way, of indefinite duration subject to public trail use restrictions. It shall not have the status of a publicly approved street, and shall not be used as a vehicular access for any new building or structure, or for the expansion, enlargement, or increased intensity of use of any existing building or structure. It may, however, be used by the owners of land abutting on such trail, or land served exclusively by such trail, to provide access for such nondevelopment uses as agriculture and forestry, or for access to any building or structure existing prior to its designation as a trail, and such owners' access for such uses shall be exempt from applicable public trail use restrictions, subject only to reasonable time, season and manner regulations imposed by the local governing body. The municipality shall bear no responsibility for maintaining the trail for such uses by abutting owners. Such owners shall, prior to excavation, construction or disturbance of a class A trail, obtain permission from the municipal officers, in the same manner prescribed for highways in RSA 236:9-11.
II. A class B trail shall be a full public right-of-way of indefinite duration subject to public trail use restrictions. It shall not have the status of a publicly approved street, shall not be used as a vehicular access for any new or existing building or structure, and shall not be used by the owners of land served by or abutting on such trail in any manner inconsistent with applicable public trail use restrictions.
Source.
1993, 60:2, eff. Jan. 1, 1994.