CHAPTER 177
HB 1536 – FINAL VERSION
07Mar2006… 1146h
11May2006… 2094eba
2006 SESSION
06/01
HOUSE BILL 1536
COMMITTEE: Public Works and Highways
This bill requires persons who excavate or disturb the shoulders, ditches, embankments, or surface of highways to post a bond to return the highway to its prior condition.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 1146h
11May2006… 2094eba
06-2732
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to bonds required from persons excavating or disturbing certain highways.
Be it Enacted by the Senate and House of Representatives in General Court convened:
177:1 Regulations; Bond. Amend RSA 236:10 to read as follows:
236:10 Regulations; Bond. The person or entity giving such written permission may make rules and regulations to govern the excavation and restoration of such highway and may require that a bond satisfactory to [him] such person or entity be furnished to the state, city, or town providing for the satisfactory restoration of the highway. The person or entity providing the bond shall determine the type of bond furnished and it may be in the form of cash, letter of credit from a bank or lending institution licensed in New Hampshire and acceptable to the person giving written permission, or a bond furnished by an insurance company. The person or entity granting permission shall not arbitrarily withhold funds from any cash bond or letter of credit, but shall first make a good faith effort to resolve any differences with the contractor doing the excavation or restoration.
177:2 Restoration; Standard. Amend RSA 236:11 to read as follows:
236:11 Restoration. Any person, entity, or corporation who excavates or disturbs the shoulders, ditches, embankments, or the surface improved for travel of any [such] highway shall restore such highway to [the satisfaction of the official empowered to give such written permission] a condition at least equal to the condition that was present before the excavation or disturbance.
177:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 25, 2006
Effective: July 24, 2006