TITLE XX
TRANSPORTATION

Chapter 230-A
CORRIDOR PROTECTION

Section 230-A:1

    230-A:1 Definitions. –
In this chapter:
I. "Corridor protection restriction" means a deeded conservation restriction, as defined by RSA 477:45, I, which conveys to a unit of government having power to lay out highways the right to wholly or partially prohibit development on a described tract of land within a highway planning corridor for a limited time period stated in the restriction, not exceeding 10 years.
II. "Development" means the subdivision of land or erection or construction of any structures or improvements on such land, or expansions or additions to such land, or any other action which will appreciably increase the future cost of acquiring such land, if such acquisition is required for highway purposes.
III. "Development permit" includes subdivision or site plan approval, building or zoning permit, or any other permit required by a unit of government as a prerequisite to development.
IV. "Layout authority" means the governor and council or a commission appointed by the governor in the case of class I and II highways, or the mayor and aldermen of a city, selectmen of a town, or village district commissioners of a village district in the case of class IV or V highways.
V. "Highway planning corridor" means an area of land which has been designated as such under this chapter.
VI. "Return" means a written report of the highway planning corridor designation proceedings, including the findings of occasion, and a detailed map showing the boundaries of such corridor. Such return need not include a full metes and bounds description of the corridor boundary.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:2

    230-A:2 Occasion for Layout. –
A layout authority may determine upon hearing whether there is occasion for the designation of one or more highway planning corridors. For class I or II highways, the location shall be proposed by the commissioner of the department of transportation. In making such determination the layout authority shall:
I. Identify public transportation needs for the present and foreseeable future.
II. Determine whether the public interest requires development restriction along proposed planning corridors.
III. Allow flexibility in planning the design of the highway.
IV. Consider methods to prevent disruption and relocation of residential neighborhoods, residences, and businesses and interference with utility facilities.
V. Determine the acquisition costs of subsequently developed property if a highway planning corridor is not established.
VI. Establish the termini and width of the proposed highway planning corridor.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:3

    230-A:3 Notice of Hearing. – Notice of the hearing, together with a description of the proposed corridor, shall be given to the same parties with respect to such corridor, and in the same manner, as in the case of a highway layout hearing, pursuant to RSA 230:17-18 or 231:9-10, as the case may be, including every owner of land or other property within the proposed planning corridor.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:4

    230-A:4 Hearing. – The layout authority, at the time and place appointed for hearing, shall make a personal examination of the proposed corridors, shall hear all parties interested who may attend, and may adjourn as it sees cause.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:5

    230-A:5 Appeal. – Any owner of land or other property aggrieved by a finding of the layout authority on the matter of occasion for the layout of a highway planning corridor or alteration thereof, may appeal to the superior court, for the county in which such land or other property is situated, by petition within 60 days after the filing of the return with the secretary of state as provided in RSA 230-A:6. The burden of proof shall be upon the party seeking to set aside any finding of the layout authority to show that such decision is unlawful or unreasonable. All findings of the layout authority upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said finding is unreasonable or unlawful.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:6

    230-A:6 Return. – The layout authority shall make a return of the highway planning corridor, including a detailed map identifying the boundaries of such corridor, and file the return with the secretary of state, with every unit of government having the authority to issue development permits for the property located within such corridor and with the registry of deeds for each county in which such corridor is located.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:7

    230-A:7 Effect of Corridor. – After the highway planning corridor return has been filed, no person shall subdivide any land, begin any development, or alter or expand any structure or use of land within such corridor, without first obtaining a corridor permit from the layout authority or its designated agent. The layout authority shall adopt by rules pursuant to RSA 541-A the form for corridor permits, and what constitutes submission of a completed application. No existing structure or established use of property within the corridor shall be affected.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:8

    230-A:8 Relationship to Other Land Use Permits. – The corridor permit requirement shall be in addition to other federal, state or local permits which may be required for such development, and no development shall be exempt from a corridor permit by reason of any other permit, any grandfather clause, or any other exemption. Authorities issuing other development permits should inform applicants of the corridor permit requirement, but the corridor designation shall not interfere with or delay other development permit procedure, unless agreed to by the applicant. No zoning or other land use ordinance or regulation shall be deemed or required to be altered or modified by the creation of the corridor, but any permits issued under any such ordinance or regulation shall be deemed conditional upon the corridor permit.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:9

    230-A:9 Action on Application. –
Within 60 days after receipt of a completed corridor permit application, the layout authority or its designated agent shall:
I. Determine that the impact of the proposed development on highway design planning and impact on the cost of possible acquisition is not substantial, and issue the permit;
II. Notify the applicant of its intent to take an interest in all or part of the land or other property, in which case, the date of notification shall constitute the date of valuation for taking purposes; or
III. Reach agreement with the applicant on some alternative action.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:10

    230-A:10 Payment or Tender of Damages. – Within 180 days after notice of intent to take an interest in property has been delivered under this chapter, the layout authority or its designated agent shall pay or tender damages for a specified interest in the applicant's property. The procedure for the payment or tender, and any appeals of assessments, shall be as set forth in RSA 498-A. If the layout authority fails to make a payment or tender within 180 days, the corridor permit shall be deemed to be granted.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:11

    230-A:11 Corridor Protection Restriction. – All property interests taken under this chapter shall be in the form of a corridor protection restriction, unless the layout authority or its designated agent makes a written finding that the public interest requires taking a greater property interest in the property. Reasons for such a finding may include, but are not limited to, a probable likelihood that the layout will eventually require a taking of greater property interest, or a substantial similarity between the appraised value of the greater property interest and the corridor protection restriction. The layout authority may amend the terms and duration of any corridor protection restriction to meet the needs of its planning process, but the duration of any term thereof shall not exceed 10 years, unless renewed.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:12

    230-A:12 Other Acquisitions. – The layout authority may acquire corridor protection restrictions or other property interests within the highway planning corridor, absent the submission of a corridor permit application, provided, that, in its discretion, the layout authority determines that such acquisitions are consistent with the purposes of this chapter.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:13

    230-A:13 Corridor Amendments. – The layout authority may add to the land area of any highway planning corridor, provided, however, that written notice shall be given to each owner of land or other property affected by the amendment, and no determination of whether there is occasion for the designation shall be made unless the amendment is based on new or revised findings of transportation needs.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:14

    230-A:14 Termination of Corridor. –
The highway planning corridor shall terminate:
I. Upon the filing of a return of highway layout and the acquisition of the property necessary for the highway for which the planning corridor was created; or
II. Upon a declaration by the layout authority that the corridor, or any portion thereof, is discontinued. The discontinuance of a highway planning corridor shall not be subject to appeal, and shall not entitle any person to damages.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:15

    230-A:15 Notice of Termination of Corridor. – Notice of the corridor termination shall be given by first class mail to all owners of land or other property or their successors in interest, and governmental units to whom notice was sent under RSA 230-A:3.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:16

    230-A:16 Remedies. – Penalties and remedies for violations of this chapter shall be the same as for violations of title LXIV, as stated in RSA 676:15 and 676:17; and, if any development occurs on any land within a designated highway planning corridor, without a corridor permit, the layout authority shall be entitled to exclude the value of such development from any compensation otherwise due upon the subsequent layout of a highway.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:17

    230-A:17 Municipalities. – The powers granted by this chapter may be exercised by a municipality either independently of, or concurrently with, the creation of an official map pursuant to RSA 674:9-15. The designation of a highway planning corridor by a municipal layout authority shall require the approval of the planning board or local legislative body, under RSA 674:40, III, but such corridor shall not be deemed to a "street" for purposes of title LXIV.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:18

    230-A:18 Intergovernmental Agreements. – The powers described in this chapter may be exercised jointly by the state and any municipality, or by 2 or more municipalities, utilizing RSA 53-A or any other lawful means of agreement.

Source. 1991, 309:2, eff. Jan. 1, 1992.

Section 230-A:19

    230-A:19 Other Laws. – Nothing in this chapter shall preclude the necessity to comply with the provisions of any other applicable federal, state or local law regulation.

Source. 1991, 309:2, eff. Jan. 1, 1992.