CHAPTER 164
HB 1636 – FINAL VERSION
2008 SESSION
06/01
HOUSE BILL 1636
AN ACT relative to automotive recycling.
SPONSORS: Rep. Schmidt, Straf 4; Rep. Knox, Carr 4
COMMITTEE: Municipal and County Government
This bill clarifies certain laws regarding junk yards and automotive recycling yards by eliminating out of date terminology.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2877
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to automotive recycling.
Be it Enacted by the Senate and House of Representatives in General Court convened:
164:1 Control of Junk Yards and Automotive Recycling Yards; Policy. Amend RSA 236:90 to read as follows:
236:90 Policy. It is hereby declared to be the policy of this state and in the public interest to provide for effective control of the establishment, use, and maintenance of junk yards adjacent to the interstate[, federal aid primary,] and turnpike systems in order to protect the public investment in such highways, to promote the safety and recreational value of public travel, and to preserve natural beauty.
164:2 Control of Junk Yards and Automotive Recycling Yards; Definitions. Amend RSA 236:91, I to read as follows:
I. “Effective control” means that by January 1, 1968, all junk yards located within 1,000 feet from the nearest edge of the right-of-way or visible from the main traveled way of the interstate[, federal aid primary,] and turnpike systems shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the system, or shall be removed from sight.
164:3 Control of Junk Yards and Automotive Recycling Yards; Definitions. Amend RSA 236:91, VII to read as follows:
VII. The words “turnpike system” shall mean all highways within this state which are a part of the Spaulding and the Central New Hampshire Turnpike established by RSA 237, and which are not defined as interstate [or federal aid primary] system in [paragraphs] paragraph V [and VI] of this section.
164:4 Control of Junk Yards and Automotive Recycling Yards; Hearing. Amend RSA 236:94 to read as follows:
236:94 [Time of] Hearing. A hearing on the application shall be held within the municipality [not less than 2 nor more than 4 weeks from the date of the receipt of the application by the commissioner]. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and the notice shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than 7 days before the date of the hearing.
164:5 Control of Junk Yards and Automotive Recycling Yards; Location Requirements. Amend RSA 236:96 to read as follows:
236:96 Location Requirements. At the time and place set for hearing, the commissioner of transportation or his or her agent shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof of legal ownership or right to the use of the property by the applicant for the license period, he or she shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering; and whether or not the use of the proposed location can be reasonably prevented from affecting the public health, safety, or morals by reason of offensive or unhealthy odors or smoke, or of other causes. In no case may a license be granted for a new junk yard or automotive recycling yard located less than 1,000 feet from the nearest edge of the right-of-way lines and visible from the main traveled way of the interstate [and federal aid primary] system.
164:6 Control of Junk Yards and Automotive Recycling Yards; Public Land. Amend RSA 236:102 to read as follows:
236:102 Public Land. All public land or reservations of the United States, state, city, town or other political subdivision which are adjacent to any portion of the interstate[, federal aid primary] and turnpike systems shall be effectively controlled in accordance with the provisions of this subdivision.
164:7 Control of Junk Yards and Automotive Recycling Yards; Location Requirements. Amend RSA 236:118 to read as follows:
236:118 Location Requirements.
I. At the time and place set for hearing, the local governing body shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof of legal ownership or right to the use of the property by the applicant for the license period, it shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gatherings; and whether or not the use of that proposed location can be reasonably prevented from affecting the public health, safety, or morals by reason of offensive or unhealthy odors or smoke, or of other causes.
II. In no case may a license be granted for a new junk yard or automotive recycling yard located less than [660] 1,000 feet from the right-of-way lines of [class I, class II, class III or class III-a highways or located less than 300 feet from the right-of-way lines of class IV, class V and class VI highways] an interstate highway.
III. Unless a lesser setback is allowed by local zoning ordinance, in no case may a license be granted for a new junk yard or automotive recycling yard located:
(a) Less than 660 feet from the right-of-way lines of a non-interstate class I, class II, class III, or class III-a highway; or
(b) Less than 300 feet from the right-of-way lines of class IV, class V, and class VI highways.
164:8 Repeal. RSA 236:91, VI, relative to the definition of federal aid primary system, is repealed.
164:9 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 6, 2008
Effective Date: August 5, 2008