TITLE XX
TRANSPORTATION

CHAPTER 237
TURNPIKE SYSTEM

Section 237:5

    237:5 Further Authority. –
I. Except as may be inconsistent herewith and except as hereinafter provided, the projects authorized by RSA 237:2, I and II shall be laid out, constructed and operated in accordance with, and shall be subject to, the provisions of RSA 237:17-28 inclusive until the eastern New Hampshire turnpike becomes part of the New Hampshire turnpike system, except that RSA 237:20 through 23 shall not apply and except that the bonds referred to in RSA 237:24 shall be deemed to include all bonds issued to finance the eastern New Hampshire turnpike. Subject to the same exceptions, the projects authorized by RSA 237:2, III shall be laid out, constructed and operated in accordance with, and shall be subject to, the provisions of RSA 237:29 through 39 until the central New Hampshire turnpike becomes part of the New Hampshire turnpike system, except that RSA 237:19 through 22 shall not apply and except that the bonds referred to in RSA 237:23 shall be deemed to include all bonds issued to finance the central New Hampshire turnpike. In addition to other project costs, the cost of constructing any portion of the central New Hampshire turnpike, the eastern New Hampshire turnpike or the New Hampshire turnpike system may include any required payment to the United States on account of the incorporation of a federally-aided highway in such turnpike or system.
II. The commissioner of transportation is further authorized to operate and maintain the New Hampshire turnpike system. In doing so and in constructing any portion thereof, he may, subject to the limitations set forth in this chapter:
(a) Determine the location of each portion of the system and fix the width of its right-of-way.
(b) Acquire in the name of the state by purchase or by exercise of the right of condemnation as provided by statute such lands, property, rights, easements and interests as may be deemed necessary for carrying out the provisions of this chapter.
(c) Designate the locations and establish, limit and control such points of ingress to and egress from the system as may be necessary or desirable to ensure the proper operation of the system and to prohibit ingress to or egress from the system at any points not so designated.
(d) Permit toll free use of certain sections of the system if it is for the public good.
(e) Construct grade separations at intersections of the system with public roads and private ways, and change and adjust the lines and grades of such roads and ways so as to accommodate the same to the design of such grade separations and to the design of the system.
(f) Construct, operate and maintain portions of the system within the compact areas of cities and towns.
(g) Grant permits or licenses to any corporation or person to place and maintain along, on, under or within the system ducts, pipes, pipelines, poles, wires or other structures, to be so located as not to be unsightly and not to interfere with the safe and convenient operation and maintenance of the system, and contract with any such corporation or person for such permit or licenses on such terms and conditions as may be deemed necessary for carrying out the provisions of this chapter. The appearance, construction, maintenance and repairs of any such ducts, pipes, pipelines, poles, wires or other structures shall be subject to such directions and regulations as may be imposed.
(h) Establish a temporary turnpike engineering section for the period of design and construction of any portion of the system, assign permanent employees of the department of transportation to duties and positions in said section and employ such engineers and assistants as may be necessary on a temporary basis for said period of design and construction. The costs of said turnpike engineering section shall be a charge against the funds made available under this chapter or otherwise for the system.
(i) Enter into contractual relations on behalf of the state.
(j) Do and perform all such acts as are necessary for the public good.
(k) Cause periodic traffic and economic studies to be made of the operation of the system.
(l) Make periodic studies of possible extensions or additions to the system.
(m) Employ such assistants, engineers or consulting services as may be necessary to carry out the studies authorized by paragraphs (k) and (l) herein and, upon approval by the legislature, extend or add to the system when recommendations of independent recognized consultants indicate that such extensions are economically feasible. The expense of the said studies shall be a charge upon the fund established under RSA 237:9.
(n) [Repealed.]
(o) Install open road tolling for existing tolls on the main lines of the turnpike system.
(p) Study and design all electronic tolling at all locations, and if the department deems it financially feasible, construct and implement all electronic tolling at locations pursuant to the state 10-year transportation improvement program.

Source. RSA 256-C:4. 1971, 520:1. 1981, 87:1. 1985, 19:4; 402:6, I(a)(8), (b)(8). 1987, 403:3. 1996, 95:1, I, eff. July 14, 1996. 2009, 146:6, eff. June 30, 2009. 2018, 358:3, eff. July 2, 2018.