HB307: relative to municipal regulation of public highways.

HB 307 - AS INTRODUCED

2003 SESSION

03-0756

08/01

HOUSE BILL 307

AN ACT relative to municipal regulation of public highways.

SPONSORS: Rep. Twombly, Straf 67; Rep. Kenison, Merr 41

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows municipalities to adopt bylaws and fee structures to regulate public highways and rights of way.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0756

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to municipal regulation of public highways.

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

1 New Paragraph; Municipal Regulation of Public Highways; Fees. Amend RSA 231:161 by inserting after paragraph VI the following new paragraph:

VII. The local governing body of any town or city may adopt a fee schedule applicable to all present and future permittees and licensees. Such fees shall be reasonably related to the costs inherent in managing and maintaining the public highways. These costs include, but are not limited to, the costs associated with permitting and licensing public highway occupants, verifying public highway occupation, mapping public highway occupation, inspecting job sites and public highway restoration, administering this section and the costs incurred by the municipality relating to the degradation of the public highways.

2 New Section; Municipal Regulation of Public Highways. Amend RSA 231 by inserting after section 161 the following new section:

231:161-a Adoption of Bylaws.

I. Notwithstanding any provision of law to the contrary, the local governing body of any town or city may adopt bylaws regulating the installation and maintenance of all such poles, structures, conduits, cables or wires in, under or across any public highway. Such bylaws may regulate:

(a) The contents of the permit/license application.

(b) Insurance and indemnification.

(c) Performance bonds, letters of credit and other forms of surety.

(d) Performance warranties/guarantees.

(e) Inspections.

(f) Public safety.

(g) Timing of completion.

(h) Traffic control.

(i) General use standards.

(j) Municipal use of poles, structures and conduits.

(k) Construction standards.

(l) Planning and coordination of excavation.

(m) Minimizing the impact of work in the public highway.

(n) Standards for repairs and restoration.

(o) Location and relocation of facilities.

(p) Abandonment and removal of facilities.

(q) Emergency procedures.

(r) Revocation of permits/licenses.

(s) Penalties.

II. The local governing body shall not adopt bylaws relating to such use of any public highway that:

(a) Impose requirements that interfere with the provision of the services or business operations of the user, except where otherwise authorized in state or federal law.

(b) Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations;

(c) Regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where otherwise authorized by state or federal law;

(d) Unreasonably deny the use of the right of way for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services; or

(e) Otherwise violate section 253 of the federal Telecommunications Act of 1996.

3 Regulation of Use of Highways. Amend RSA 41:11 to read as follows:

41:11 Regulation of Use of Highways, etc. Unless regulated by the commissioner of the department of transportation as provided in RSA 236:1, the selectmen may regulate the use of all public highways, sidewalks, and commons in their respective towns and for this purpose may exercise all the powers conferred on city councils by RSA 47:17, VII, VIII, [and] XVIII, and XIX, and by any other provisions of the laws upon the subject.

4 New Paragraph; Municipal Regulation of Highway Right of Way. Amend RSA 47:17 by inserting after paragraph XVIII the following new paragraph:

XIX. Certain Structures in Public Ways. The city councils shall have the authority to adopt bylaws and ordinances regulating the installation and maintenance of all poles, structures, conduits, cables or wires in, under or across any public highway in accordance with the provisions of RSA 231:161-a.

5 Effective Date. This act shall take effect 60 days after its passage.