Revision: April 17, 2024, 2:52 p.m.
HB 1202-FN - AS AMENDED BY THE HOUSE
22Feb2024... 0706h
2024 SESSION
24-2357
11/05
HOUSE BILL 1202-FN
AN ACT relative to the issuance of permits for the alteration of driveways exiting onto public ways.
SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Read, Rock. 10; Rep. Berry, Hills. 39; Rep. Sweeney, Rock. 25; Rep. Plett, Hills. 29; Rep. Yokela, Rock. 32; Rep. Seidel, Hills. 29; Rep. Damon, Sull. 8; Rep. Baroody, Hills. 39; Sen. Murphy, Dist 16
COMMITTEE: Public Works and Highways
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ANALYSIS
This bill establishes certain deadlines for issuance of permits for the alteration of driveways exiting onto public ways.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2024... 0706h 24-2357
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the issuance of permits for the alteration of driveways exiting onto public ways.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Driveway Construction Permits. Amend RSA 236:13, IV-V to read as follows:
IV. No construction permit shall allow:
(a) A driveway, entrance, exit, or approach to be constructed more than 50 feet in width, except that a driveway, entrance, exit, or approach may be flared beyond a width of 50 feet at its junction with the highway to accommodate the turning radius of vehicles expected to use the particular driveway, entrance, exit or approach.
(b) More than 2 driveways, entrances, exits, or approaches from any one highway to any one parcel of land unless the frontage along that highway exceeds 500 feet.
IV-a. For any existing or proposed residential use of land, including multifamily development, the department shall issue the permit described in paragraph II within 30 days of filing. If the department fails to approve or deny a permit within that time it shall issue a permit by default, which shall allow the applicant to proceed with the project as presented in the application. Such default permit shall be issued by the department within 5 business days following default and may contain a statement indicating that the department has not fully reviewed the plan. The department and the applicant may by mutual agreement extend any of the deadlines in this section.
V. The same powers concerning highways under their jurisdiction as are conferred upon the commissioner of transportation by paragraphs I, II, III, and IV shall be conferred upon the planning board or governing body in cities and towns in which the planning board or governing body has been granted the power to regulate the grading and improvement of streets within a subdivision as provided in RSA 674:35, and they shall adopt such regulations as are necessary to carry out the provisions of this section. Such regulations may delegate administrative duties, including actual issuance of permits, to a highway agent, board of selectmen, or other qualified official or body. Such regulations, or any permit issued under them, may contain provisions governing the breach, removal, and reconstruction of stone walls or fences within, or at the boundary of, the public right of way, and any landowner or landowner's agent altering a boundary in accordance with such provisions shall be deemed to be acting under a mutual agreement with the city or town pursuant to RSA 472:6, II(a). The planning board or its delegate shall not be subject to the timelines in paragraph II, but its regulations shall specify a reasonable time for it or its delegate to act on permits under this section, which shall not exceed 65 days.
2 Effective Date. This act shall take effect 60 days after its passage.
24-2357
Amended 4/17/24
HB 1202-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0971h)
AN ACT relative to the issuance of permits for the alteration of driveways exiting onto public ways.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | $752,184 | $742,063 | $752,139 | ||
Funding Source(s) | Highway Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill establishes a 30-day deadline for the Department of Transportation to review and issue a permit for driveway construction exiting onto public ways, for which failure to act by the deadline will result in the issuance of a permit by default. The Department states it receives approximately 1,200 driveway permit applications statewide annually, approximately 75 of which are for proposed major traffic generators. Minor permits are currently processed within 30 to 60 days provided supporting documentation is submitted with the application. Applications for major traffic generators, which as a group comprise anything larger and more complicated than basic driveways with no mitigation requirements, are more difficult to review and approve.
The Department states accelerating review of driveway permit applications will require additional monitoring, review, decision, and action by staff at multiple locations across the six maintenance district offices and at bureaus located in Concord. The Department states it would need four (4) new positions to comply with this bill, as well as contract with on-call consultant engineer firms to review applications, traffic impact studies, warrant analyses and design plans to supplement Department staff during periods of higher-than-normal application submittals to meet the proposed accelerated deadlines. Below is a summary of the Department’s estimated costs associated with this bill:
| FY 2025 | FY 2026 | FY 2027 |
Four (4) New Positions Needed: | $602,184 | $592,063 | $602,139 |
On-Call Consultant Engineer | $150,000 | $150,000 | $150,000 |
Total Cost | $752,184 | $742,063 | $752,139 |
It should be noted that this bill provides neither appropriation nor authorization for new personnel. The Department states without a mechanism to charge applicants for driveway permits, the Department is unable to recoup any of these additional expenses.
AGENCIES CONTACTED:
Department of Transportation