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RSA 236:18 · Right to Air Space Above and Below Certain Highways

236:18 Right to Air Space Above and Below Certain Highways. – The state shall have exclusive rights, insofar as they do not conflict with any federal statute, to build into, lease or utilize for any public purpose the air space directly above or below the toll highways and the interstate system highways within this state. These rights to said air space shall extend upward or downward so far as is practical and reasonable for all purposes of the state and it shall be unlawful for any person or persons to violate said air space except as allowed by the state. The department of transportation shall be responsible for the administration and enforcement of this section. Nothing in this section shall be construed as prohibiting aircraft from flying through the air space above the herein mentioned highways. Notwithstanding the foregoing, public utilities shall have the right to erect lines through said air space in accordance with the provisions of this chapter relative thereto. Source. RSA 249:21-a. 1969, 144:1. 1981, 87:1. 1985, 402:6, I(a)(7).

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Source note

Source. RSA 249:21-a. 1969, 144:1. 1981, 87:1. 1985, 402:6, I(a)(7).

Source history

  • 1969, 144:1
  • 1981, 87:1
  • 1985, 402:6, I(a)(7)
  • RSA 249:21-a

Related materials

Bill relationships

  • 2026 SB628 amend

    ging. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Curbside Electric Charging in the Public Right-of-Way. Amend RSA 236 by inserting after section 134 the following new subdivision: Curbside Electric Charging in the Public Right-of-Way 236:135 Definitions. In this subdivision: I. "Curbside electric vehicle charging device" or "curbsi

  • 2026 SB628-FN amend

    ging. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Curbside Electric Charging in the Public Right-of-Way. Amend RSA 236 by inserting after section 134 the following new subdivision: Curbside Electric Charging in the Public Right-of-Way 236:135 Definitions. In this subdivision: I. "Curbside electric vehicle charging device" or "curbsi

  • 2025 HB2 reference

    . To meet the requirements of paragraph III, the department of environmental services shall complete the review for any permit, approval, or written authorization required pursuant to RSA 482-A, RSA 485-A, and RSA 236. The department of environmental services shall adopt rules under RSA 541-A to implement the review process and establish a fee schedule for any requested reviews. Such rulemaking shall commence within 90 days