New Hampshire Revised Statutes 422-B:3 – Limitation on Structure
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I. Except as provided in paragraph II, until a permit therefor has been issued by the department, no person shall erect, add to the height of or replace any structure within the areas described in paragraph II of this section which will result in a structure higher than that allowed by that paragraph, nor at any other place in this state which will result in a structure extending more than 500 feet above the highest point of land within a one-mile radius from the structure.
II. In territory surrounding public airports for which zoning ordinances or regulations have been, or hereafter are, made effective by local governmental authorities pursuant to RSA 424, no person shall erect, add to the height of or replace any structure except as allowed by such local zoning ordinances or regulations, but no permit therefor from the department shall be required. Outside of such locally zoned territory and within the area and in accordance with the slope ratios prescribed by the airport approach plan for each airport as adopted by the department pursuant to N.H. Rev. Stat. § 424:3, no structure shall be erected, altered by increasing the height thereof or replaced until a permit therefor has been obtained from the department.
II. In territory surrounding public airports for which zoning ordinances or regulations have been, or hereafter are, made effective by local governmental authorities pursuant to RSA 424, no person shall erect, add to the height of or replace any structure except as allowed by such local zoning ordinances or regulations, but no permit therefor from the department shall be required. Outside of such locally zoned territory and within the area and in accordance with the slope ratios prescribed by the airport approach plan for each airport as adopted by the department pursuant to N.H. Rev. Stat. § 424:3, no structure shall be erected, altered by increasing the height thereof or replaced until a permit therefor has been obtained from the department.
Terms Used In New Hampshire Revised Statutes 422-B:3
- Airport: means any area, of land or water, except a restricted landing area, which is designed for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights of way, either heretofore or hereafter established. See New Hampshire Revised Statutes 422-B:2
- Department: means the department of transportation. See New Hampshire Revised Statutes 422-B:2
- Permit: means a permit issued by the department under the provisions hereof. See New Hampshire Revised Statutes 422-B:2
- Person: means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, including the state and any political subdivision thereof, and includes any trustee, receiver, assignee, or other similar representative thereof. See New Hampshire Revised Statutes 422-B:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Structure: means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. See New Hampshire Revised Statutes 422-B:2