Revision: Dec. 1, 2023, 3:17 p.m.
HB 1234-FN - AS INTRODUCED
2024 SESSION
24-2178
11/05
HOUSE BILL 1234-FN
AN ACT relative to the repair of class VI roads not maintained by a municipality.
SPONSORS: Rep. Erf, Hills. 28
COMMITTEE: Public Works and Highways
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ANALYSIS
This bill requires residents on a class IV road not maintained by a municipality to contribute to cost of maintenance.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2178
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the repair of class VI roads not maintained by a municipality.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Road Repair by Residents.. Amend RSA 231:81-a to read as follows:
231:81-a Repair of Roads Not Maintained by a Municipality.
I. In the absence of an express agreement or requirement governing maintenance of a [private or] class VI road, when more than one residential owner enjoys a common benefit from a [private or] class VI road, each residential owner shall contribute equitably to the reasonable cost of maintaining the [private or] class VI road and shall have the right to bring a civil action to enforce the requirement of this paragraph. This paragraph shall [not] apply exclusively to any class VI highway defined in RSA 229:5[ except class VI roads].
II. Any owner of a residential property abutting a [private or] class VI road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the portion damaged by such owner.
III. Nothing in this section is intended to extend or restrict the common law as applied to residences on [private or] class VI roads, nor to affect the rights and obligations of non-residential property owners on [private or] class VI roads as they exist under the New Hampshire common law on easements.
2 Effective Date. This act shall take effect upon its passage.
24-2178
10/20/23
HB 1234-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the repair of class VI roads not maintained by a municipality.
FISCAL IMPACT: [ ] State [ ] County [ X ] Local [ ] None
| ||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 |
Local Revenue | $0 | $0 | $0 | $0 |
Local Expenditures | Potential Indeterminable Decrease | |||
METHODOLOGY:
This bill would require that, in the absence of an agreement governing maintenance of a Class VI road, all residential owners along the road would be obligated to contribute equitably to the reasonable cost of its maintenance. Additionally, the bill requires that any owner of a residential property abutting a class VI road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the portion damaged. Under existing law, municipalities are not permitted to expend funds on the maintenance of Class VI roads. In most cases, municipalities permit third parties (typically property owners along the Class VI road) to perform maintenance at their own expense. However, it is possible for a municipality to perform some maintenance on Class VI roads, if they utilize the provisions of RSA 231:59-a to designate the road an “emergency lane.” To this extent, it is possible in certain circumstances, this bill may decrease local expenditures by an indeterminable amount in FY 2024 and each year thereafter.
AGENCIES CONTACTED:
Department of Transportation and New Hampshire Municipal Association