238:22 Designation. –
I. The department of transportation, in consultation with the department of natural and cultural resources, shall designate and de-designate scenic and cultural byways of the New Hampshire scenic and cultural byways system based on criteria which include, but shall not be limited to, the following:
(a) Possesses significant visible natural or cultural features along its border such as agricultural lands, farms, significant architectural attributes, historic sites, town and city centers, museums, cottage industries, panoramic views, vistas of marshes, shorelines or forests, or notable geological or other natural features.
(b) Accessible to natural and cultural features such as cultural facilities, historic sites, town and city centers, trails, lakes, rivers, streams, mountains, the seacoast, bike paths, agricultural land, parks, or protected lands that are open to the public, etc.
(c) Conforms to and does not detract from the landscape.
(d) Meets safety standards for the particular traffic encouraged.
(e) Is free from intensive commercial development and obstructive signage that would detract from the principal reason for its designation.
II. Designation of a state or local road or highway as a scenic and cultural byway under the provisions of this subdivision, and any general or special management criteria applicable thereto, shall not affect the operation, maintenance and expansion of existing public utility lines and facilities, or be construed to require any public utility to install any of its lines or facilities underground.
III. Under no circumstances shall a local scenic and cultural byway be designated without a public hearing in each municipality that the proposed local scenic and cultural byway would be located in.
IV. Nominations shall demonstrate local, private, and public support, and be reviewed to assess any traffic or other problems that may accrue to the designation as a scenic and cultural byway and propose a method to ensure the preservation and maintenance of the qualities of the scenic and cultural byway on which the nomination is based.
Source. 1992, 160:1. 1995, 105:3, eff. July 15, 1995. 2022, 335:9, 10, eff. July 25, 2022.