HB 1341-FN - AS INTRODUCED
2000 SESSION
HOUSE BILL 1341-FN
AN ACT relative to direct access for certain types of development along highways.
SPONSORS: Rep. Mirski, Graf 12
COMMITTEE: Public Works and Highways
This bill limits new construction of direct access approaches to class I, class III, and state-maintained portions of class II highways to property used by persons primarily for agricultural use, forestry and timber use, or industrial facilities with 100 or more employees.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2146
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to direct access for certain types of development along highways.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Highway Regulation, Protection and Control Regulations; Certain Direct Access Approaches to Highways Unlawful. Amend RSA 236 by inserting after section 13 the following new section:
236:13-a Certain Direct Access Approaches Unlawful.
I. Except as provided in paragraph II, it shall be unlawful to construct any driveway, entrance, or exit, from any real property to any class I or class III highway or the state-maintained portion of a class II highway.
II.(a) Any person or other entity that uses a parcel of real property primarily for agricultural use, forestry or timber use, or an industrial facility with 100 or more employees may construct any direct access approach to any class I or class III highway or the state-maintained portion of a class II highway in accordance with RSA 236:13.
(b) Any direct access approach to any class I or class III highway or the state-maintained portion of a class II highway, lawfully constructed or under construction as of the effective date of this section, shall be lawful.
(c) Any permit to construct a direct access approach issued by the commissioner of transportation pursuant to RSA 236:13 before the effective date of this section shall be lawful.
III. In this section:
(a) "Agricultural use" means all operations of a farm, as defined in RSA 21:34-a, II and III, with the exception of forestry or lumber operations, which shall be considered forestry or timber use.
(b) "Forestry or timber use" means forestry or lumber operations, including the harvest and transport of lumber and other forest products.
(c) "Industrial facility" means any land, building or other improvement primarily used for manufacturing, warehousing, processing wastes, or other industrial purposes.
IV. Nothing in this section shall be construed to limit the ability of any municipality to receive funds from the state in the form of town road aid under RSA 235.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2146
12/7/99
HB 1341-FN - FISCAL NOTE
AN ACT relative to direct access for certain types of development along highways.
FISCAL IMPACT:
The Department of Transportation indicates this bill will have an indeterminable fiscal impact on state expenditures and local revenue in FY 2001 and each year thereafter. There is no fiscal impact on state and county revenue or county and local expenditures.
METHODOLOGY:
The Department states the fiscal impact of this bill cannot be calculated, but the provisions of this bill would increase state expenditures and decrease local revenues.
The increase in state expenditures are expected from monetary damages paid to property owners by the state for inverse condemnation claims brought by property owners against the state due to the highway access provisions of this bill.
The decrease in local revenues would result from the cessation of new commercial, retail and residential drives allowed to connect to any state maintained highway, therefor, curtailing retail, commercial, and residential expansion and reducing property tax revenue.
For comparison purposes, presently the Department issues 1,200 access permits per year. The majority of these permits would not meet the allowable criteria stated in this bill.