New Hampshire Revised Statutes 231:21-a – Uniform Provisions Governing Class VI Highways
Current as of: 2023 | Check for updates
|
Other versions
All class VI highways, whether such class VI status resulted from a layout pursuant to N.H. Rev. Stat. § 231:21, a discontinuance subject to gates and bars pursuant to N.H. Rev. Stat. § 231:45, or by the failure of the town to maintain and repair such highway in suitable condition for travel thereon for 5 successive years or more as set forth in N.H. Rev. Stat. § 229:5, VII, shall be subject to the following provisions:
I. All such highways shall be deemed subject to gates and bars; provided, however, that any gates or bars maintained by private land owners shall be erected so as not to prevent or interfere with public use of the highway, and shall be capable of being opened and reclosed by highway users. The selectmen may regulate such structures to assure such public use, and may cause to be removed any gates or bars which fall into disrepair or otherwise interfere with public use of the highway.
II. Even though, as set forth in N.H. Rev. Stat. § 231:93, class VI highways are not subject to any municipal duty of care or maintenance, the municipality shall have the same regulatory authority over such highways as is the case with class V highways, including but not limited to the authority to regulate their use pursuant to N.H. Rev. Stat. § 41:11 and N.H. Rev. Stat. § 47:17, VII, VIII and XVIII, to regulate the excavation or disturbance of such highways pursuant to N.H. Rev. Stat. § 236:9 through 236:11, to regulate driveways and other access pursuant to N.H. Rev. Stat. § 236:13, and to establish weight limits pursuant to N.H. Rev. Stat. § 231:191.
I. All such highways shall be deemed subject to gates and bars; provided, however, that any gates or bars maintained by private land owners shall be erected so as not to prevent or interfere with public use of the highway, and shall be capable of being opened and reclosed by highway users. The selectmen may regulate such structures to assure such public use, and may cause to be removed any gates or bars which fall into disrepair or otherwise interfere with public use of the highway.
Terms Used In New Hampshire Revised Statutes 231:21-a
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
II. Even though, as set forth in N.H. Rev. Stat. § 231:93, class VI highways are not subject to any municipal duty of care or maintenance, the municipality shall have the same regulatory authority over such highways as is the case with class V highways, including but not limited to the authority to regulate their use pursuant to N.H. Rev. Stat. § 41:11 and N.H. Rev. Stat. § 47:17, VII, VIII and XVIII, to regulate the excavation or disturbance of such highways pursuant to N.H. Rev. Stat. § 236:9 through 236:11, to regulate driveways and other access pursuant to N.H. Rev. Stat. § 236:13, and to establish weight limits pursuant to N.H. Rev. Stat. § 231:191.