TITLE XX
TRANSPORTATION

CHAPTER 228
ADMINISTRATION OF TRANSPORTATION LAWS

Commissioner, Deputy and Assistant Commissioners

Section 228:21

    228:21 Powers. –
I. The commissioner shall exercise general supervision, control and direction, on behalf of the state, over all matters pertaining to the location, route, alteration, construction, reconstruction, maintenance and discontinuance of highways constructed or maintained wholly or in part by money appropriated from the state treasury, including:
(a) The method and type of construction and kind and quality of materials to be used;
(b) The manner in which such highways shall be maintained;
(c) The designation of certain portions of such highways for one-way traffic, upon which vehicles shall proceed in one direction only;
(d) The designation of certain portions of such highways from which trucks in excess of a gross weight of 12,000 pounds or hazardous materials as described in title CFR 172.101 shall be excluded, provided, that no such designation shall prevent business operations in connection with stores, factories or any other business or industrial establishments, enterprises or warehouses along said highways;
(e) The purchase, planting and maintenance of trees and shrubs for shade, landscaping or prevention of soil erosion;
(f) The location, construction and maintenance of roadside parks; and
(g) The issuance of annual special permits for a fee of $300 for each unit for the transport of construction materials or other divisible or distributable loads notwithstanding the provisions of Title XXI where in the opinion of the commissioner energy savings or other economic considerations warrant such issuance.
II. Upon a finding that a person or corporation, which has been issued a special permit under the provisions of RSA 228:21, has violated the conditions or provisions of such special permit, the commissioner shall forthwith recall such permit and the person or corporation whose special permit has been so recalled shall be ineligible to receive any further such special permits.
III. The commissioner, upon the approval of the governor and council and the capital budget overview committee, may enter into agreements with private entities for design-build-finance-operate-maintain or design-build-operate-maintain services for transportation infrastructure projects under RSA 228:107 through RSA 228:115, provided that such projects shall be approved as part of the state 10-year transportation improvement program in accordance with RSA 240.

Source. 1901, 98:4. 1915, 103:4. PL 83:7. RL 99:7. 1945, 188:1, part 10:7. 1951, 126:1. RSA 229:6. 1978, 52:23. 1979, 344:8. 1981, 87:1, eff. April 20, 1981. 2016, 276:2, eff. Aug. 15, 2016.