Bill Text - HB1109 (2022)

(Second New Title) relative to the authority of a city or town to limit the use or operation of an OHRV on certain ways.


Revision: March 10, 2022, 10:05 a.m.

HB 1109 - AS AMENDED BY THE HOUSE

 

10Mar2022... 0775h

2022 SESSION

22-2594

04/08

 

HOUSE BILL 1109

 

AN ACT relative to approval for off highway recreational vehicles use on class IV, class V, and class VI roads.

 

SPONSORS: Rep. Renzullo, Hills. 37; Rep. Gould, Hills. 7; Rep. Gottling, Sull. 2

 

COMMITTEE: Resources, Recreation and Development

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill changes the approval procedure for OHRV use of class IV, class V, and class VI roads.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10Mar2022... 0775h 22-2594

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to approval for off highway recreational vehicles use on class IV, class V, and class VI roads.

 

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

 

1  Operation of All OHRVs; OHRV Operation on Sidewalks, Class IV, Class V, and Class VI Roads.  Amend RSA 215-A:6, IX to read as follows:

IX.(a)  Pursuant to RSA 215-A:15, and following a duly noticed public hearing advertised at least 14 days in advance in a public location in the city or town and notification to abutters by verified mail pursuant to RSA 21:53, city or town councils and boards of selectmen may authorize the use of sidewalks [and class IV, class V or class VI highways and bridges, or portions thereof,] for use by OHRVs.  The operation of OHRVs may also be allowed on sidewalks adjacent to class I, II, III, or III-a highways pursuant to RSA 236:56, II(e).  [Operators of OHRVs using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic.]  The bureau, or its designee, shall so post such highways where authorized.  Following a duly noticed public hearing, except in the case of an emergency closure, such city or town authorities may change the allowable usage of [a class IV, class V, or class VI highway] sidewalks by OHRVs by giving notification to the supervisor of the bureau and removing any signs that no longer apply.  The petitioner shall bear the expense of verified mail notification to abutters of property for which OHRV use is sought under this paragraph.

(b)  By a majority vote of the legislative body of a city or town at any legal meeting after notice and hearing, and following notification to abutters by verified mail pursuant to RSA 21:53, a city or town may authorize the use of class IV, class V, and class VI highways for use by OHRVs.  Operators of OHRVs using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic.  The bureau, or its designee, shall so post such highways where authorized.  Except in the case of an emergency closure, by a vote of the legislative body of a city or town at any legal meeting after notice and hearing, and following notification to abutters by verified mail pursuant to RSA 21:53, such city or town may rescind a previous authorization and may change the allowable usage of a class IV, class V, or class VI highway by OHRVs by giving notification to the supervisor of the bureau and removing any signs that no longer apply.  The petitioner shall bear the expense of verified mail notification to abutters of property for which OHRV use is sought under this paragraph.

2  Off Highway Recreational Vehicles and Trails; Regulations of Political Subdivision.  Amend RSA 215-A:15, I to read as follows:

I.  With bylaws or ordinances city or town councils and boards of selectmen, or the legislative body as provided in RSA 215-A:6, IX(b), may regulate the operation of OHRVs within city or town limits, providing they do not conflict with provisions of this chapter.

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