Laying Out Highways

Section 231:22-a

    231:22-a Reclassifying a Class VI Highway. –
I. A class VI highway or portion thereof may be reclassified by vote of the town as a class V highway, or as a class IV highway if located within the compact sections of cities and towns as set forth in RSA 229:5, IV and V.
II. The warrant article for such a reclassification may be inserted either by the selectmen pursuant to RSA 39:2, or by petition pursuant to RSA 39:3. The reclassification shall become effective upon a majority vote of the registered voters present and voting at any annual or special meeting, or at such later time as may be specified by vote of the meeting.
III. Any class VI highway may be made subject to reclassification under this section, regardless of whether such class VI status resulted from a layout pursuant to RSA 231:21, a discontinuance subject to gates and bars pursuant to RSA 231:45, or by the failure of the town to maintain and repair such highway in suitable condition for travel thereon for 5 successive years or more as set forth in RSA 229:5, VII.
IV. A town meeting vote to reclassify a class VI highway under this section may provide that the highway be conditionally reclassified upon compliance with betterment assessments, as provided in RSA 231:28-33, even if such condition was not stated as part of the warrant article. The public hearing required by RSA 231:28 shall be held within 90 days of such a vote, or within such longer period as the vote may specify. The owners of property abutting or served by the highway shall have the same rights and remedies as provided in RSA 231:28-33, including the right to submit, within 10 days following the public hearing, a petition not to conditionally reclassify the highway. The costs assessed against the owners by the selectmen shall not reflect construction standards any higher or more stringent than those reflected in the best town highway giving access to the highway or portion thereof being reclassified. However, this paragraph shall not be deemed to limit the authority of the planning board to impose more stringent construction standards as a condition of approving new development.
V. This section shall not be deemed to limit the authority of the selectmen to layout an existing class VI highway as a class IV or V highway upon petition pursuant to RSA 231:8. This section shall not affect the classification of any highway which has been reclassified by other means prior to June 18, 1990.

Source. 1990, 155:1, eff. June 18, 1990.