HB 113 – AS AMENDED BY THE HOUSE
30Jan2013… 0008h
2013 SESSION
03/01
HOUSE BILL 113
AN ACT relative to lot access for erection of buildings.
SPONSORS: Rep. J. Belanger, Hills 27
COMMITTEE: Municipal and County Government
This bill permits erection of a building on a lot that has access to a class VI or better highway via a private right-of-way.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Jan2013… 0008h
13-0066
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to lot access for erection of buildings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Erection of Buildings; Street Access. Amend RSA 674:41, III to read as follows:
III. This section shall supersede any less stringent local ordinance, code, or regulation, and no existing lot or tract of land shall be exempted from the provisions of this section except in accordance with the procedures expressly set forth in this section. For purposes of paragraph I, “the street giving access to the lot” means a street or way abutting the lot and upon which the lot has frontage. It does not include a street from which the sole access to the lot is via a private easement or right-of-way, unless:
(a) Such easement or right-of-way also meets the criteria set forth in subparagraphs I(a), (b), (c), (d), or (e); or
(b) Such right-of-way provides access to a class VI or better highway, provided that:
(1) The municipality neither assumes responsibility for maintenance of said private right-of-way nor liability for any damages resulting from the use thereof; and
(2) 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 for the lot for which the building permit is sought.
2 Effective Date. This act shall take effect 60 days after its passage.