HB742 (2007) Detail

Relative to the issuance of building permits on class VI roads.


HB 742 – AS INTRODUCED

2007 SESSION

07-1087

06/10

HOUSE BILL 742

AN ACT relative to the issuance of building permits on class VI roads.

SPONSORS: Rep. Converse, Sull 4

COMMITTEE: Municipal and County Government

ANALYSIS

This bill clarifies the circumstances under which buildings can be erected on class VI roads.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-1087

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the issuance of building permits on class VI roads.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Class VI Roads; Building Permits. Amend RSA 674:41, I(c) to read as follows:

(c) Is a class VI highway, provided that:

(1) The local governing body after review and comment by the planning board has voted to authorize the issuance of building permits for the erection of buildings for non-commercial, seasonal, recreational use on said class VI highway or a portion thereof; and

(2) The municipality has authorized the issuance of building permits for the erection of permanent buildings which are not for non-commercial, seasonal, recreational use on said class VI highway or a portion thereof, specifically naming the location, road name, and measured length of the full portion of class VI highway to be placed in use, by adoption of the question:

(A) Placed on the warrant of a special or annual town meeting by the governing body or by petition pursuant to RSA 39:3;

(B) As provided in a town or city charter; or

(C) By placement on the official ballot for any regular municipal election; and

(3) The municipality neither assumes responsibility for maintenance of said class VI highway nor liability for any damages resulting from the use thereof; and

[(3)] (4) Prior to the issuance of a building permit, the applicant shall produce evidence that notice of the limits of municipal responsibility and liability has been recorded in the county registry of deeds; [or] and

(5) Abutting towns are notified of the issuance of building permits for the erection of buildings on class VI highways when said highway reaches or crosses town boundaries; or

2 Effective Date. This act shall take effect 60 days after its passage.