HB335: relative to the regulation of the operation of OHRVs.

HB 335 - AS INTRODUCED

2003 SESSION

03-0130

10/09

HOUSE BILL 335

AN ACT relative to the regulation of the operation of OHRVs.

SPONSORS: Rep. Drisko, Hills 46; Rep. Haytayan, Hills 46; Rep. Arnold, Hills 46; Sen. O'Hearn, Dist 12

COMMITTEE: Transportation

ANALYSIS

This bill prohibits the operation of OHRVs so as to unreasonably disturb the quiet enjoyment of persons in a residential area. This bill also allows for zoning ordinances and special exceptions for OHRV accessory uses on private land.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0130

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the regulation of the operation of OHRVs.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Operation of OHRVs; Quiet Enjoyment. Amend RSA 215-A:6 by inserting after paragraph IV the following new paragraph:

IV-a. It is unlawful to operate any OHRV so as to unreasonably disturb the quiet enjoyment of persons in a residential area.

2 New Subparagraph; Penalties; OHRV. Amend RSA 215-A:19, VII by inserting after subparagraph (e) the following new subparagraph:

(f) RSA 215-A:6, IV-a, relative to the unreasonable disturbance of the quiet enjoyment of persons in a residential area.

3 Zoning; Grant of Power; Accessory Uses of Land; OHRVs. Amend RSA 674:16, V to read as follows:

V. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate and control accessory uses on private land.

(a) Unless specifically proscribed by local land use regulation, aircraft take offs and landings on private land by the owner of such land or by a person who resides on such land shall be considered a valid and permitted accessory use

(b) A zoning ordinance which regulates or controls off highway recreational vehicle use as an accessory use of land may require the granting of a special exception under RSA 674:33, IV for use which has the potential to affect the use, health, or enjoyment of abutters to a property. In this paragraph, off highway recreational vehicle shall mean OHRV as defined and governed by RSA 215-A.

4 Effective Date. This act shall take effect January 1, 2004.