reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:4 - Permits.

422-B:4 Permits. –
No permit shall be issued to erect, add to or replace any structure which will extend more than 1,000 feet above the highest point of land within a one-mile radius from the location of the structure, except as hereinafter provided, nor shall any person erect, add to or replace any structure for which a permit is required that exceeds the height allowed by the permit. The department may issue a permit to erect or add to a structure which will extend to a height of more than 1,000 feet above the highest point of land within a one-mile radius from the location of the structure proposed to be erected or added to if such proposed structure will not be higher than 50 feet above the height of the highest structure in existence on May 25, 1959, which is within a distance of one mile from the location of the structure proposed to be erected or added to. In any instance where an application is pending before the federal government or some agency thereof for the erection of an electronic or other structure, the department shall not issue a permit for such structure until after the federal government or the agency thereof before which such application is pending has taken final action on the application.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:5 - Application.

422-B:5 Application. –
It is not necessary that ownership of, option for, or other possessory right to a specific location site be held by the applicant before application for a permit is filed with the department, but any permit granted by the department shall, among other things, state the specific location and also the maximum height allowed for the structure. Applications for permits shall be made to the department pursuant to rules and regulations promulgated by and on forms provided by the department under the provisions of RSA 422-B:16. Upon the receipt of an option for a permit, the department shall send by certified mail, return receipt requested, a copy of such application to the planning board, if any exists, of the town or city in which the structure involved stands or is sought to be erected. If there is no planning board, then said copy shall be so sent to the governing body of the town or city. Within 30 days after the receipt of the copy of the application, the planning board or the governing body, as the case may be, shall submit its recommendations with respect to the application to the department.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:6 - Conditions.

422-B:6 Conditions. –
Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. Such identification characteristics required shall conform to federal laws and regulations where applicable.
Source.
1959, 118:1, eff. May 25, 1959.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:7 - Investigations.

422-B:7 Investigations. –
Upon receiving an application for a permit, the department shall make such investigation as may be necessary to process the application properly hereunder. If, upon such investigation, the department determines that a permit should not issue or that the height or location should be other than as applied for, the department shall thereupon notify the applicant in writing of its determination. Such notification may be served by delivering it personally to the applicant or by sending it by first class mail to the applicant at the address specified in the application. Such determination shall become final 20 days after notification thereof is served unless the applicant, within such 20-day period, requests in writing that a hearing be held before the department with reference to the application. All such hearings shall be open to the public. Any person interested may appear and be heard either in person or by counsel and may present such evidence and testimony as may be pertinent.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:8 - Marking Structures.

422-B:8 Marking Structures. –
Any structure which obstructs the air space more than 170 feet above the ground or water level when determined by the department to be a hazard or a potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be approved by the department so that the same will be clearly visible to airmen. In determining the structures which are hazards or potential hazards to air navigation the department shall consider the minimum altitudes of flights prescribed by state and federal regulations, the terrain, the character of the neighborhood, uses to which the structure and surrounding property may be adaptable and the character of the flying operations expected to be conducted in the area.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:9 - Notice of Determination.

422-B:9 Notice of Determination. –
When the department determines that a structure is a hazard or a potential hazard to air navigation within the meaning of this chapter, it shall notify the owner of the land on which the structure is located or the owner or operator of the structure. The notice shall be in writing and shall set forth specifications as to the manner in which the structure is to be marked, illuminated, painted or designated in order to make it clearly visible to airmen. The person to whom the notice is sent shall have 60 days to comply with the requirements thereof. Such determination shall become final 20 days after notification thereof is received unless the person receiving such notice requests in writing, within such 20-day period, that a hearing be held before the department with reference to the determination. All such hearings shall be open to the public. Any person interested may appear and be heard either in person or by counsel and may present such evidence and testimony as may be pertinent.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:10 - Hearings.

422-B:10 Hearings. –
The department shall have power to subpoena witnesses and administer oaths in any hearing conducted by it, and to compel, by subpoena duces tecum, the production of any pertinent accounts, books, contracts, records, documents, memoranda and papers.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:11 - Witnesses.

422-B:11 Witnesses. –
Witnesses summoned before the department shall be paid the same fees as witnesses summoned to appear before the superior court.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:13 - Wires over Open Water.

422-B:13 Wires over Open Water. –
In addition to complying with any other applicable provisions of this chapter, any person owning, operating or maintaining, or erecting, altering or replacing transmission or telephone lines over and across the open waters of this state shall, within 90 days following May 25, 1959, or before erecting, altering or replacing such lines as the case may be, inform the department and the director of the coast and geodetic survey of the exact location of such lines and the height of such lines above the water level and shall furnish such other information and specifications as the department shall request.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:14 - Orders.

422-B:14 Orders. –
In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to the provisions hereof but concerning which no application for a permit has been filed, it may on its own motion issue an order to such person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing thereon shall be set out in such order.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:15 - Action to Restrain.

422-B:15 Action to Restrain. –
In addition to any other remedy, the department may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of the provisions hereof or of any rules, regulations or orders of the department issued pursuant thereto. The court may grant such relief, by way of injunction (which may be mandatory) or otherwise, as may be necessary hereunder and the rules, regulations, and orders of the department issued pursuant thereto.
Source.
1959, 118:1. 1985, 402:6, I(c)(2).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:17 - Penalty.

422-B:17 Penalty. –
Whoever violates or fails to comply with the provisions of this chapter or with regulations promulgated hereunder shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day's continuance of a violation of this chapter shall be deemed a separate and distinct offense.
Source.
1959, 118:1. 1973, 529:104, eff. at 11:59 P.M., Oct. 31, 1973.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-B - Control of Tall Structures › Section 422-B:18 - Separability.

422-B:18 Separability. –
If any one or more of the provisions of this chapter is declared unconstitutional or the application thereof is held invalid, the validity of the remainder of the chapter and the application of such provision or provisions to other persons and circumstances shall not be affected thereby.
Source.
1959, 118:1, eff. May 25, 1959.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:1 - Authority to Take.

422-C:1 Authority to Take. –
The commissioner of transportation, any police employee of the department of safety, any police officer, sheriff, deputy sheriff or selectman upon discovery of any aircraft or aircraft parts apparently abandoned, or of any aircraft without a currently effective state of New Hampshire or federal registration certificate, whether situated within any public, municipal airfield or private airfield open for public use, for a period in excess of 3 years, may take such aircraft or component aircraft into his custody and may cause the same to be taken away and stored in some suitable place out of public view.
Source.
1973, 33:1. 1985, 402:31.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:2 - Exemption from Liability.

422-C:2 Exemption from Liability. –
No such custodian shall be liable to the owner for any damages of such aircraft or aircraft component while it is in his custody.
Source.
1973, 33:1, eff. May 14, 1973.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:3 - Lien.

422-C:3 Lien. –
All charges necessarily incurred by such custodian in the performance of carrying out the provisions of RSA 422-C:1 shall be a lien upon such aircraft or aircraft component. The custodian or manager of any hangar, airport facility or other place where such aircraft or aircraft component may be stored shall have a lien upon such aircraft or aircraft component for his storage charges.
Source.
1973, 33:1, eff. May 14, 1973.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:4 - Owner May Reclaim.

422-C:4 Owner May Reclaim. –
The owner of an aircraft or aircraft component so placed in storage may reclaim the same before any sale by paying the charges incurred.
Source.
1973, 33:1, eff. May 14, 1973.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:5 - Notice to Commissioner.

422-C:5 Notice to Commissioner. –
If the owner of such aircraft or aircraft component fails to so reclaim such within 30 days from the time of storage, the owner or manager of such hangar, airport facility or other place of storage shall, within 40 days of the date when such aircraft or aircraft component was placed in storage with him, send a written notice to the commissioner stating the make, factory or identification number of such aircraft or aircraft component, the date when the same was left in storage and by whom, and the aircraft registration number, if any. Such notice shall be placed on file by the commissioner and shall be subject to public inspection.
Source.
1973, 33:1. 1985, 402:6, I(c)(3).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:6 - Sale Authorized.

422-C:6 Sale Authorized. –
If such aircraft or aircraft component shall have been so stored for a period of 90 days, the custodian or airport manager may sell the same at his place of business, at public auction, for cash. No sale under the provisions hereof shall be valid unless the notice required by RSA 422-C:5 shall have been given.
Source.
1973, 33:1, eff. May 14, 1973.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:7 - Notice of Sale.

422-C:7 Notice of Sale. –
Notice of such sale shall be given by posting notices thereof in 2 or more public places in the town where the property is stored, 14 days at least before the sale, and, if the value of the aircraft or aircraft component exceeds $100, by publishing the notice in a newspaper of local circulation. If the last place of abode of the owner of such aircraft or aircraft component is known to, or may be ascertained by, such custodian or manager by the exercise of reasonable diligence, a notice of the time and place of said sale shall be given said owner by registered mail, at least 14 days prior to said sale.
Source.
1973, 33:1, eff. May 14, 1973.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 422-C - Abandoned Aircraft › Section 422-C:8 - Application of Proceeds.

422-C:8 Application of Proceeds. –
The balance of the proceeds of sale, if any, after payment of the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner of such aircraft or aircraft component or his legal representative, if claimed at any time within one year from the date of such sale. If such balance shall not be claimed within said period it shall be paid into the state treasury for the use of the state.
Source.
1973, 33:1, eff. May 14, 1973.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:1 - Acquisition of Land By Towns.

423:1 Acquisition of Land By Towns. –
Towns are authorized and empowered to construct, own, manage, or provide by contract or otherwise for the management of aircraft landing areas, either within or beyond the boundaries of the town, and for that purpose any town may take land in fee by gift or purchase, or by right of eminent domain as hereinafter provided, or may lease the same, and may erect thereon and maintain such buildings or other structures as may be necessary more fully to carry out the purpose hereof. Two or more towns may join in such action.
Source.
1929, 90:1. RL 51:72.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:2 - Land in the Town.

423:2 Land in the Town. –
The officials of towns authorized by law to take land in the town for highway purposes are authorized and empowered to take land by eminent domain for the purposes of aircraft landing areas, following the same procedure as respects notice, assessment and payment of damages, and appeal as is provided for in the case of taking land for highway purposes.
Source.
1929, 90:1. RL 51:73.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:3 - Land Outside the Town.

423:3 Land Outside the Town. –
Whenever a town finds it necessary to acquire land for the purposes hereof beyond its boundaries and is unable to acquire it for a reasonable price by purchase or lease, the town may institute eminent domain proceedings by petition to the county commissioners, and the procedure followed by the commissioners as respects notice, assessment and payment of damages, entry and appeal shall, so far as applicable, be the same as that prescribed for the public utilities commission in the case of taking land by a public utility as provided in RSA 371:1-13, inclusive.
Source.
1929, 90:1. RL 51:74.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:4 - Adjoining Lands.

423:4 Adjoining Lands. –
The provisions of RSA 423:2 and 423:3 shall apply to the acquisition of partial rights in lands adjoining the landing areas in order to prevent any use of such lands as would hinder the proper use and development of the landing field.
Source.
1929, 90:1. RL 51:75.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:5 - Use of Landing Fields.

423:5 Use of Landing Fields. –
Any town acquiring aviation facilities under the provisions hereof is authorized to provide for the use thereof by contract or lease to individuals or corporations, and may establish reasonable tolls, charges, rents, or fees for such use.
Source.
1929, 90:1. RL 51:76.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:6 - Authorization, Use and Transfer of Town or City Aeronautical Funds.

423:6 Authorization, Use and Transfer of Town or City Aeronautical Funds. –
Towns and cities are hereby authorized to establish an aeronautical fund for the purposes hereinafter set forth. All tolls, charges, rents or other fees collected by towns or cities for the use of the landing area under the provisions of this chapter and all unexpended balances of appropriations for aeronautical purposes shall be paid into said fund. The moneys in said aeronautical fund shall be kept in a separate account and not intermingled with other funds of the municipality. Said town or city aeronautical fund shall not lapse and the unexpended balance of said fund shall be carried forward and added to the appropriation for the subsequent year.
Source.
1951, 188:1, par. 76-a.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:7 - Restricted Use of Town or City Aeronautical Funds.

423:7 Restricted Use of Town or City Aeronautical Funds. –
These funds shall be used solely for aeronautical purposes, including but not limited to the acquisition, construction, maintenance, operation and management of any air navigation facility jointly, individually or severally owned or operated in whole or in part by the town or city or an instrumentality thereof, the state or any political subdivision thereof or the United States or its instrumentalities or political subdivisions.
Source.
1951, 188:1, par. 76-b, eff. July 25, 1951.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:8 - Transfer of Aeronautical Funds.

423:8 Transfer of Aeronautical Funds. –
Any town may, by vote at the annual meeting, authorize the transfer of any part of its aeronautical fund to the department of transportation for use for purposes authorized under RSA 423:7. The town or city transferring such funds may specify the purpose for which such funds may be expended. A city may authorize such transfer by vote of the city council.
Source.
1951, 188:1, par. 76-c. RSA 423:8. 1985, 402:6, I(c)(3). 1996, 23:4, eff. June 14, 1996.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:9 - Tax Exemption.

423:9 Tax Exemption. –
All property and rights acquired by a city or town outside its boundaries, as provided in RSA 423:1-4, inclusive, or as provided in any other statute relative to aeronautical facilities hereinbefore or hereinafter enacted, if said property and rights are not leased for profit, shall be exempt from taxation therein; but the city or town shall make payments, on or before December 1 in each year, to each city or town in which such property or rights are located, of such sums as would have been assessed against said property and rights if the same had been included in the tax invoice for such year at the tax valuation of the same on April 1, 1940; provided that in case improvements have been made on said property between April 1, 1940, and the date when acquired for aeronautical facilities, the payments to the city or town in which such property or rights are located shall be based upon the assessed value as of April 1 following such improvements.
Source.
1941, 117:1. RL 51:77.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423 - Municipal Airports › Section 423:10 - Acquisition By State.

423:10 Acquisition By State. –
Whenever the state shall acquire any airport, aircraft landing area, or other aeronautical facility which has been owned by one municipality in another municipality upon which the former has made payments pursuant to RSA 423:9, then the state shall continue to make payment in the same manner to the municipality in which such facility lies as was made by the municipality from which the state acquired it.
Source.
1953, 194:1, eff. June 2, 1953.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423-A - Airport Property Tax Base Sharing › Section 423-A:1 - Purpose.

423-A:1 Purpose. –
The purpose of this chapter is to increase the possibility of orderly airport development and to provide an incentive for coordinated multicommunity development of airport property within the airport boundary by permitting 2 or more public entities to share their tax bases.
Source.
1989, 111:3, eff. July 2, 1989.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423-A - Airport Property Tax Base Sharing › Section 423-A:2 - Cooperative Tax Base Sharing Agreements.

423-A:2 Cooperative Tax Base Sharing Agreements. –
I. Any 2 or more municipalities, subject to approval by the legislative body of each municipality, or, with the approval of the governor and council, the state and any municipality may enter into a cooperative agreement to share all or a specific part of the commercial, industrial, or residential assessed valuation located within the airport boundaries. Where approval of a town meeting is required, the agreement shall be presented as a separate article in the town warrant.
II. Any such agreement shall specify the following:
(a) Its duration, which shall be 10 years or more;
(b) A description of the tax base to be shared, including, but not limited to, the type of property, the location of the property and whether it is existing, planned, or future construction.
(c) The formula for sharing the property taxes generated through taxation of the valuation which is to be shared.
(d) Any other necessary and proper provisions.
Source.
1989, 111:3, eff. July 2, 1989.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423-A - Airport Property Tax Base Sharing › Section 423-A:3 - Filing of Agreement.

423-A:3 Filing of Agreement. –
Any agreement entered into pursuant to this chapter shall be filed with the clerk of each municipality, the division of aeronautics, rail, and transit, and the secretary of state.
Source.
1989, 111:3, eff. July 2, 1989. 2004, 257:30, eff. July 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423-A - Airport Property Tax Base Sharing › Section 423-A:4 - Administration.

423-A:4 Administration. –
The shared valuation shall be assessed in the municipality in which the property is located. It shall be taxed at the rate applicable in that municipality. The tax so assessed shall be collected by the municipality in which the property is located. The share of such tax, as specified in the tax base sharing agreement, shall be remitted within 30 days after collection to the other municipality or municipalities on the basis of the terms of the agreement entered into pursuant to RSA 423-A:2.
Source.
1989, 111:3, eff. July 2, 1989.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 423-A - Airport Property Tax Base Sharing › Section 423-A:5 - Arbitration.

423-A:5 Arbitration. –
Any disputes relative to the agreement shall not be the basis of the closure of any airport, airport operations, airport terminal facility or any transportation facility. Such disputes shall be arbitrated by the aviation users advisory board established in accordance with the rules of procedure adopted by the board under RSA 21-L:8.
Source.
1989, 111:3, eff. July 2, 1989.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:1 - Definitions.

424:1 Definitions. –
As used in this chapter unless the context otherwise requires:
I. "Airport" means any area of land or water, whether constructed or not, which has been approved by the commissioner as a site for the landing and taking-off of aircraft or utilized or to be utilized by the public as a point of arrival or departure by air.
II. "Airport hazard" means any structure, tree, smoke, steam, dust or other substance which obstructs the aerial approaches of a publicly owned airport or impairs the reasonable visibility in the vicinity thereof, electrical impulses and disturbances which interfere with radio aids or communications and lights which might result in glare in the vision of pilots of aircraft or be confused with airport lights.
III. An airport is "publicly-owned" if the portion thereof used for the landing and taking-off of aircraft is owned by a governmental body, political subdivision, public agency, or other public corporation.
IV. "Department" means the department of transportation.
V. "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
VI. "Structure" means any object constructed or installed by man, including such objects although regulated or licensed by other provisions of law.
VII. "Tree" means any object of natural growth.
Source.
1941, 145:1; 199:40. RL 51:78. RSA 424:1. 1955, 58:1. 1985, 402:6, I(c)(3), 32.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:2 - Airport Hazards Not in Public Interest.

424:2 Airport Hazards Not in Public Interest. –
It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein, and is therefore not in the interest of the public health, public safety, or general welfare.
Source.
1941, 145:2. RL 51:79.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:3 - Preparation of Airport-Approach Plans.

424:3 Preparation of Airport-Approach Plans. –
The department of transportation is hereby empowered and directed to formulate and adopt, and from time to time as may be necessary revise, an airport-approach plan for each publicly-owned airport in the state. Each such plan shall indicate the circumstances in which structures and trees are or would be airport hazards, the area within which measures for the protection of the airport's aerial approaches should be taken, and what the height limits and other objectives of such measures should be. In adopting or revising any such plan, the department shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, and the practicability of lowering or removing existing obstructions, and all other material matters, and the department may obtain and consider the views of the agency of the federal government charged with the fostering of civil aeronautics as to the aerial approaches necessary to safe flying operations at the airport.
Source.
1941, 145:3. RL 51:80. RSA 424:3. 1985, 402:6, I(c)(3).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:4 - Privately-owned Airports.

424:4 Privately-owned Airports. –
The department of transportation is hereby empowered and directed to formulate and adopt, and from time to time as may be necessary revise, an airport-approach plan for such airports as are privately owned but which have been licensed for commercial operation, have facilities available for public use and are necessary in the opinion of the department for the maintenance of an effective airway system in the state. Every privately-owned airport so designated by the department is hereby declared to be eligible for zoning protection and for the purposes hereof shall be deemed to be a publicly-owned airport for the purposes of airport zoning as provided in this chapter.
Source.
1949, 53:2. RSA 424:4. 1985, 402:6, I(c)(3).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:5 - Adoption of Airport Zoning Regulations.

424:5 Adoption of Airport Zoning Regulations. –
I. Every town having within its territorial limits an airport, or an area approved as an airport site by the commissioner, shall adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations applicable to such area, which regulations shall divide the area into zones, and, within such zones, specify the land uses permitted, regulate and restrict the height to which structures or trees may be erected or allowed to grow, and regulate and restrict the creation and discharge of smoke, steam, dust or other obstructions to visibility, electrical impulses and disturbances which interfere with radio aids or communication and regulate and restrict lighting as may be necessary to effectuate the safe approach to the airport.
II. In the event that a town has adopted, or hereafter adopts, a general zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion thereof under this chapter, may be incorporated in and made a part of such general zoning regulations, and be administered and enforced in connection therewith, but such general zoning regulations shall not limit the effectiveness or scope of the regulations adopted hereunder.
III. Any zoning or other regulations applicable to any area within which, according to an airport-approach plan adopted by the department, measures should be taken for the protection of airport approaches, including not only any airport zoning regulations adopted under this chapter but any zoning or other regulations dealing with the same or similar matters that have been or may be adopted under authority other than that conferred by this chapter, shall be consistent with, and conform to, the department's approach plan for such area, and shall be amended from time to time as may be necessary to conform to any revision of the plan that may be made by the department.
IV. All airport zoning regulations adopted hereunder shall be reasonable, and none shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in RSA 424:6, I.
V. If any city or town fails to adopt within a reasonable time airport zoning regulations, the department may, for the protection of the public safety, adopt and from time to time as may be necessary amend or repeal such regulations for such city or town until airport zoning regulations herein provided for are adopted by such city or town.
Source.
1941, 145:4. RL 51:81. RSA 424:5. 1955, 58:2. 1985, 402:6, I(c)(3).
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:6 - Permits and Variances.

424:6 Permits and Variances. –
I.
Permits. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this chapter, a system may be established for granting permits to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes therein or substantial repairs thereof. In any event, before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No such permit shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted; and whenever the administrative agency determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed: (a) no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations, but a permit shall be issued as of right if the structure as erected or altered is in conformance with the regulations or will not constitute a greater hazard than the structure that is replaced or altered; and (b) whether application is made for a permit under this paragraph or not, the said agency may by appropriate action compel the owner of the nonconforming structure or tree to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations. Except as indicated, all applications for permits for replacement, change or repair of nonconforming uses shall be granted.
II.
Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted hereunder may apply to the zoning board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations.
III.
Obstruction Marking and Lighting. In granting any permit or variance under this section, the administrative agency or zoning board of adjustment may, if it deems such action advisable to effectuate the purposes hereof and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.
Source.
1941, 145:5. RL 51:82. 2001, 40:1, eff. Aug. 7, 2001.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:6-a - Application of Zoning and Planning Laws.

424:6-a Application of Zoning and Planning Laws. –
The provisions of title LXIV shall apply to procedures for adoption of local airport zoning regulations, the administration and enforcement of the requirements of local airport zoning regulations, and procedures for rehearing and appeal from any action taken by a local land use board, building inspector, or the local legislative body with respect to airport zoning regulations.
Source.
2001, 40:2, eff. Aug. 7, 2001.
2023 New Hampshire Revised Statutes › Title XXXIX - Aeronautics › Chapter 424 - Airport Zoning › Section 424:10 - Acquisition of Air Rights.

424:10 Acquisition of Air Rights. –
In any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming use; or (2) the approach protection necessary according to the department's airport-approach plan cannot, because of constitutional limitations, be provided by airport zoning regulations hereunder; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the town within which the property or nonconforming use is located, the town owning the airport or served by it, or the governor and council, upon recommendation of the department, may acquire, by purchase, grant, or condemnation in the manner provided by law by which towns or the governor and council are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question, and so may acquire a substitute property, structure and easement and convey the same to anyone whose structures, easements and property are or may be a nonconforming use, as may be necessary to effectuate the purposes hereof.
Source.
1941, 145:9. RL 51:86. RSA 424:10. 1985, 402:6, I(c)(3).
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:1 - Establishment.

425:1 Establishment. –
There is hereby established a department of agriculture, markets, and food, an agency of the state under the executive direction of a commissioner of agriculture, markets, and food.
Source.
1985, 72:1. 1995, 130:2, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:2 - General Functions.

425:2 General Functions. –
The department of agriculture, markets, and food shall be responsible for the following general functions:
I. Promoting and regulating agriculture in all its branches.
II. Regulating all commercial transactions involving the measurement of weight, distance, volume, or time.
III. Regulating the quality and grade of agricultural crops and supplies and food products. Nothing in this paragraph shall be construed to apply to dietary supplements as defined in 21 U.S.C. 321, as amended by the Dietary Supplement Health and Education Act of 1994, and as may be amended from time to time.
IV. Gathering and disseminating information on agriculture, crop production, market activity, and other subjects consistent with the responsibilities of the department.
V. Cooperating with other agencies of the state and federal governments, the university of New Hampshire, commodity and consumer groups in the public interest and all who are engaged within this state in any form of agriculture, or its allied vocations, for advice on those activities.
VI. Conducting such other activities as the statutes shall direct.
Source.
1985, 72:1. 1995, 130:2, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:2-b - Repealed by 2019, 111:2, eff. Nov. 1, 2020.

425:2-b Repealed by 2019, 111:2, eff. Nov. 1, 2020. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:3 - Commissioner; Compensation.

425:3 Commissioner;  Compensation. –
I. The commissioner of the department of agriculture, markets, and food shall be appointed by the governor, with the consent of the council, for a term of 5 years. Prior to the appointment of a commissioner, the governor and council shall receive and consider the recommendations of the agricultural advisory board as to such appointment. The commissioner of agriculture, markets, and food shall be qualified by reasons of professional competence, education, and experience.
II. The salary of the commissioner shall be as specified in RSA 94:1-a.
III. The commissioner of agriculture, markets, and food shall appoint one staff member who shall act in the commissioner's stead when the commissioner is absent from the state and at such other times as the commissioner shall direct.
Source.
1985, 72:1. 1995, 130:2, eff. July 23, 1995. 2007, 156:15, eff. Aug. 17, 2007.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:5 - Repealed by 1995, 130:9, I, eff. July 23, 1995.

425:5 Repealed by 1995, 130:9, I, eff. July 23, 1995. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:6 - Repealed by 1995, 130:9, II, eff. July 23, 1995.

425:6 Repealed by 1995, 130:9, II, eff. July 23, 1995. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:7 - Repealed by 1995, 130:9, III, eff. July 23, 1995.

425:7 Repealed by 1995, 130:9, III, eff. July 23, 1995. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:8 - Repealed by 1995, 130:9, IV, eff. July 23, 1995.

425:8 Repealed by 1995, 130:9, IV, eff. July 23, 1995. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:9 - Repealed by 1995, 130:9, V, eff. July 23, 1995.

425:9 Repealed by 1995, 130:9, V, eff. July 23, 1995. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:10 - Damage by Hunters.

425:10 Damage by Hunters. –
The state shall compensate the owners for all domestic livestock killed or wounded by hunters for deer, in the open season for deer, in any county. The amount of damages in each case shall be assessed by the commissioner of agriculture, markets, and food or under his direction, and said sum shall be a charge upon the fish and game fund and paid therefrom.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:11 - Law Enforcement.

425:11 Law Enforcement. –
The commissioner of agriculture, markets, and food shall cooperate with the attorney general and county attorneys in enforcing the laws relating to farm-foods adulteration, the pure seed laws, the fertilizer laws and such other laws as relate to the subject matter of this department.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:11-a - Revolving Fund for Agricultural Hearings Officers.

425:11-a Revolving Fund for Agricultural Hearings Officers. –
I. There is established within the department of agriculture, markets, and food a revolving fund for agricultural hearings officers. All fines collected by the department, except as provided in RSA 427:14, shall be deposited into the fund. The fund shall be nonlapsing and continually appropriated to the department to fund the department's adjudicative procedures, including, but not limited to, the costs associated with contracting with one or more hearing officers who shall be responsible for administering all aspects of the department's adjudicative procedure as directed by the commissioner. The amount withdrawn from the fund shall not exceed $75,000 in total each year. The department of agriculture, markets, and food shall every quarter forward any unpaid fines assessed in an adjudicative proceeding to the attorney general for collection in accordance with RSA 7:15-a.
II. At the end of each quarter of the fiscal year any balance in the fund in excess of $10,000 shall be deposited in the general fund.
Source.
2022, 225:1, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:12 - Agricultural Resources.

425:12 Agricultural Resources. –
The commissioner shall collect and publish information relative to the agricultural resources of the state, and disseminate such information throughout the country in such ways as may be approved by the governor and council.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:12-a - Electronic Licensing, Certification, and Registration System.

425:12-a Electronic Licensing, Certification, and Registration System. –
The department of agriculture, markets, and food shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the handling of all departmental licensing, certification, and registration duties. Such system shall be capable of receiving electronically transmitted product registrations, license applications, certificate applications, and related materials. Authorized users shall be capable of working in offline mode when an Internet connection is not available. The commissioner shall adopt rules under RSA 541-A to govern methods of obtaining, compiling, and maintaining such information it deems necessary to manage such database. The commissioner shall also ensure that the database is secure from unauthorized access or use.
Source.
2023, 79:350, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:13 - Report.

425:13 Report. –
The commissioner shall, before December 31 of each even-numbered year, submit a report to the governor and council, which shall include an account of the general work of the department, the special teaching and that of the heads of the various departments under his jurisdiction, and such other information pertaining to the department as may be of public and general interest. He shall include such recommendations for legislative action as may be required, a statement of the total amounts of all expenditures, so classified as to show the amount expended in support of the several departments of work covered, and an account stating, by properly classified totals, all money received from sources other than the state treasury. The report shall be distributed to the town and public libraries of the state and to farmers, agriculturists, and others desiring it.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 425 - The Department of Agriculture, Markets, and Food › Section 425:14 - Repealed by 2023, 13:1, I, eff. July 3, 2023.

425:14 Repealed by 2023, 13:1, I, eff. July 3, 2023. –