CHAPTER
Tra 600 CONTROL OF OUTDOOR ADVERTISING
Statutory
Authority: RSA 236:84, 236:88-a, VIII
PART Tra 601 OFF
PREMISE OUTDOOR ADVERTISING
Tra 601.01 Purpose. The purpose of this part is
to implement the statutory scheme set forth in RSA 236:69- RSA 236:88-a through
regulation of the erection and maintenance of outdoor advertising devices.
Source. #4507, eff 10-19-88; ss by #4835, eff 6-5-90;
ss by #6237, eff 4-30-96; ss by #8005, eff 12-17-03; ss by #10033, eff
11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.02 Scope. This part shall apply to all
outdoor advertising devices erected, maintained, or sought to be erected along:
(a) Controlled routes; and
(b) Areas of class I, II, or III highways where
the provisions of RSA 236:88-a apply.
Source.
#4507, eff 10-19-88; ss by #4835, eff 6-5-90; ss by #6237, eff 4-30-96;
ss by #8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.03 Definitions.
(a) “Advertising device” means “advertising
device” as described in RSA 236:70, I.
(b) “Business” means any activity engaged in, whether or not for profit, by a person, sole proprietor,
partnership, corporation, trust, professional association, limited liability
company, limited liability partnership, or any other form of legal entity
recognized by the laws of the state of New Hampshire.
(c) “Business center” means a property,
regardless of how owned, upon which 2 or more unrelated businesses are
conducted in spaces that are physically separated, and recognized by the
municipality as separate entities. The term includes properties generally
described as a “mall”, “retail center”, “office center”, “professional center”,
or “strip mall”.
(d) “Commercial or industrial activities” means
“commercial or industrial activities” as defined in RSA 236:70,VI.
(e) “Controlled route” means any highway that is
a part of the turnpike system, interstate system, or federal aid primary
system.
(f) “Destroyed sign” means a sign no longer in
existence due to factors other than vandalism, or other criminal or wrongful
acts.
(g) “Dilapidated sign” means a sign which is
shabby, neglected, in disrepair, or which fails to perform its intended
function of conveying a message. Characteristics of a dilapidated sign include,
but are not limited to, structural support failure, a sign not supported as
originally constructed, panels or borders missing or falling off, intended
messages have deteriorated to the point where they cannot be interpreted by the
motoring public, or a sign which is blocked by vegetation outside the highway
right of way.
(h) “Directional or informational sign” means
“directional and informational signs” as defined in RSA 236:70, III.
(i) “Erect” means
“erect” as defined by RSA 236:70, IX.
(j) “Face” means that portion of the sign
structure available for advertising, and visible from a single direction of
travel.
(k) “Farm sign” means “farm sign” as defined in
RSA 236:70, XIX.
(l) “Federal aid primary system” means “federal
aid primary system” as defined in RSA 236:70, V.
(m) “Federal aid secondary system” means “federal
aid secondary system” as defined in RSA 236:70, XVI.
(n) “Federal highway adjacent area” means
“federal highway adjacent area” as defined in RSA 236:70, XI.
(o) “Illegal sign” means an advertising device
that is erected or maintained, or both, in violation of state law.
(p) “Legible” means capable of being read without
visual aid by a person of normal visual acuity.
(q) “Maintain” means “maintain” as defined in RSA
236:70, X.
(r) “Main traveled way” means the traveled way of
a highway on which through traffic is carried.
In the case of a divided highway, each direction has its own main
traveled way.
(s) “Non-conforming sign” means “nonconforming
sign” as defined in RSA 236:70, XVIII.
(t) “On premise sign” means “on premise signs” as
defined in RSA 236:70, II.
(u) “Panel” means one face of a sign structure.
(v)
“Property” as used in RSA 236:70, II means land commonly owned, or
maintained pursuant to a written maintenance agreement, by owners, tenants, or occupants
of contiguous parcels, as part of a single development with a common land use
and marketed under a single identity.
For purposes of this part, “contiguous parcels” mean parcels that share
common boundaries forming an unbroken sequence not separated by local or state maintained roadways.
(w) “Structure” means the group of components
erected or used in connection with the display of an advertising device, and
includes, but is not limited to, the sign face, base or apron, lighting,
supports, and all attachments used in conjunction therewith.
(x) “Traffic control sign, signal, or device”
means any sign, signal, or device described in the “Manual of Uniform Traffic
Control Devices,” as amended, made applicable to the states pursuant to 23
U.S.C. Sections 109(d) and 402 (a), and regulations adopted at 23 CFR Part 655,
and expressly adopted by the department for the regulation of traffic activity
in New Hampshire pursuant to RSA 236:1.
(y) “Turnpike adjacent area” means “turnpike
adjacent area” as defined in RSA 236:70, XIV.
(z) “Unzoned commercial
or industrial area” means “unzoned commercial or
industrial area” as defined in RSA 236:70, VIII.
(aa) “Variable clear zone distance” means the
distance in feet or meters within the state transportation right of way from
the edge of the driving lane of a public way that is suggested to remain free
of fixed objects that could serve to prevent the operator of a motor vehicle
from acting to return the vehicle to safe operation on the way after
unintentionally running off the driving lane. The distance will vary based upon
the design speed of the way, the design average daily traffic volume, the
geometry of the roadside, site specific physical conditions, crash history at
the location, and the judgment of the professional highway designer.
(ab) “Visible” means capable of being seen without
visual aid by a person of normal visual acuity whether or not
legible.
(ac) “Zoned commercial or industrial area” means
“zoned commercial or industrial area” as defined in RSA 236:70, VII.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.04 Restrictions on Outdoor Advertising
Devices.
(a) Pursuant to RSA 236:72, no advertising
device other than on-premise signs, directional signs,
informational signs, or political signs, as described in RSA 236:73, III, IV,
and V shall be erected or maintained in a federal highway or turnpike adjacent
area without a permit issued by the commissioner of transportation.
(b) Pursuant to RSA 236:88 and RSA 236:88-a, no
advertising device shall be placed in the right of way of a class I, II, or III
highway without a permit issued by the commissioner of transportation.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.05 Outdoor Advertising Devices That May be
Maintained Without a Permit or License. An outdoor advertising device may
be erected and maintained on property without a permit or license if:
(a) The device is an on-premise
device erected and maintained in accordance with Tra 601.06 and RSA 236:73,
III;
(b) The device is a directional or informational
sign erected and maintained in accordance with department policy; or
(c) The device is a political sign, erected and
maintained pursuant to RSA 236:73, V and RSA 664:17.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.06 On-Premise
Outdoor Advertising Devices.
(a) To be classified as an on-premise
advertising device, the device shall be:
(1) Owned by the owner, co-owner, lessee, or
tenant of the real property on which the device is erected or maintained; and
(2) Used solely for the communication of
information permitted by RSA 236:70, II and RSA 236:73, III.
(b) The following devices shall not qualify as an
on-premise advertising device:
(1) A device sought to be erected pursuant to RSA
236:88-a on land owned or used by the state of New Hampshire for transportation
purposes;
(2) A device on property taxed by municipal
officials to an entity other than the advertised entity, unless the advertised
entity occupies the property as a co-owner, or under a written lease or tenancy
agreement;
(3) A device on property that cannot be put to
any reasonable use related to the advertised activity other than the erection
of signage, including but not limited to a device placed at the end of a narrow
strip of property, or land normally inaccessible due to topographical
characteristics;
(4) A device on land when the only legal basis
for use of the land by the owner of the device is an easement;
(5) A device located on land so burdened by an
easement appurtenant to another property or in gross to another person that it
cannot be put to any reasonable use related to the advertised activity other
than the erection of signage;
(6) A device on land owned by the advertised
entity, but used or devoted to a purpose unrelated to, or not accessory to, the
advertised entity;
(7) A device advertising products, services, or
activities not produced, available, conducted, or performed on the land where
the device is located;
(8) A device consisting primarily of brand name
or trade name advertising, if:
a. The owner of the land receives compensation
or rental income for its existence; or
b. The product or service advertised is only
incidental to the principal activity conducted on the land;
(9) A device advertising
directions to, or the sale or lease of, the land upon which it is
placed, but which also advertises any product, service, or business activity
unrelated to the sale or lease of the land on which the device is located;
(10) A device which advertises the sale or lease
of the land upon which it is placed, but which also identifies a corporation or
business activity as the property owner more conspicuously than the for sale or
lease message;
(11) A device located more than 50 feet from the
advertised activity, measured as follows:
a. For a business,
commercial or industrial use, from the regularly used buildings, parking lots,
storage or processing areas, or other structures essential to the conduct of
the business;
b. For noncommercial use, from the major
structures on the property; and
c. For all uses, no measurement shall be made
from a driveway, fence, or other facility used for the purpose of access,
landscape improvement, or to delineate a boundary;
(12) A device that can only be installed or
maintained from a point on land owned by another or by the state; and
(13) A device located on land owned by the
advertised activity, but physically separated from the
activity by a publicly accessible way.
(c) If the owner, lessee, or occupant of the
parcel of land ceases to conduct the activity advertised on the device, the
structure or device shall thereafter be treated as a new off premise
advertising device unless the advertising copy is changed to a use permitted by
RSA 236:73, III, IV, or V within a reasonable time, not to exceed 90 days.
(d) A device within a business center shall
continue to be classed as on-premise regardless of any
of the following occurrences:
(1) The creation or construction of a publicly
accessible common parking area, driveway, public or private street, overpass,
divider, connector, or easement intended for ingress or egress, regardless of
where or when created or constructed;
(2) The sale, transfer, or conveyance of an
individual lot, parcel, or parcels less than the whole, within the development
project; or
(3) The sale, transfer, conveyance, or change of
name or identification of a business within the business center.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.07 Off
Premise Advertising Device Permit.
(a) The owner of an off premise
advertising device shall acquire a permit from the bureau of traffic for each
such device.
(b) An applicant shall complete and file DOT form
No. HASP 904, entitled “Application for Permit to Locate Outdoor Advertising
Sign”, as amended February 27, 2026.
(c) The applicant shall provide a signed
statement completed by an authorized municipal official, with the official’s
title:
(1) Verifying the claimed local zoning
classification; and
(2) Noting any additional conditions placed upon
the location by the municipal zoning ordinance or decision of a local land use
board.
(d) Unless located in
the state’s right
of way area, the
applicant shall provide a signed statement of the landowner of the property
upon which the device is or will be located indicating consent for placement of
the device.
(e) The applicant shall submit the fee required
by RSA 236:72.
(f) Upon receipt of a completed application form
and the required fee, the application shall be reviewed in the following
manner:
(1) The bureau of traffic shall review the
application for completeness and conformance to Tra 601.11 through Tra 601.13
and RSA 236:69 to 236:88-a; and
(2) If it appears to the bureau of traffic that
the proposed sign location could be within the state right of way, the
application shall be forwarded to the bureau of right of way and the bureau of
highway design in order to:
a. Determine if the proposed sign location is
within the state owned or maintained right of way, and
b. Determine if the proposed sign location:
1. Presents potential dangers to the traveling
public; and
2. Whether the location can be made safe, or must be denied in accordance with Tra 601.13.
(g) At the conclusion of the review process
described in (f) above, either:
(1) A permit allowing the applicant to erect a
new device as proposed on the application shall be issued;
(2) A permit for an existing device as presently
erected in the field shall be issued; or
(3) The application shall be denied, and a
written notice provided to explain why the application could not be approved,
and how the applicant may request a hearing to review the decision.
(h) Each permit shall expire on April 1 following
the date of issue.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.08 Off Premise Advertising Device Permit
Renewal.
(a) The owner of a
permitted outdoor advertising device shall:
(1) Inform the bureau of traffic of changes in
name or address of any owner of the device;
(2) Inform the bureau of traffic of changes in
name or address of the landowner of the land on which the device is placed; and
(3) Seek annual renewal of the permit by filing
an application therefor and paying the required fee.
(b) The bureau of traffic shall furnish Form HASP
904R, entitled, “Application for Renewal of Permit to Maintain Outdoor
Advertising Sign”, as amended February 27, 2026, by
mail to the last known address of each permit holder by February 15 of each
year.
(c) The applicant shall complete and file Form
HASP 904R with the bureau of traffic, together with the fee required by RSA
236:71, by March 15 of each year.
(d) Unless located in the state’s right of way area, the applicant shall provide a signed
statement of the landowner of the property upon which the device is or will be
located indicating consent for placement of the device.
(e) Upon receipt of the completed application for
renewal and the required fee, the application shall be reviewed, and a permit
issued unless information contained on the application, or obtained from a
field review of the device, indicates that the device does not comply with Tra
601.11 through Tra 601.13.
(f) If an application for renewal of an annual
permit is denied, a written notice shall be provided explaining why the
application could not be approved, and how the applicant may request a hearing
to review the decision.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.09 Off Premise Advertising Device License.
(a) Pursuant to RSA 236:71, owners of 11 or more
off premise advertising devices shall acquire an outdoor advertising license in
addition to a permit for each such device and shall pay the fee prescribed
therein.
(b) The bureau of traffic shall furnish Form HASL
903, entitled, “Application for Off Premise Advertising Device License”, as
amended February 27, 2026, by mail to the last known address of each license
holder by February 15 of each year.
(c) The applicant shall complete and file Form
HASL 903 with the bureau of traffic,
together with the fee required by RSA 236:71, by March 15 of each year.
(d) Unless located in the state’s right of way area, the applicant shall provide a signed
statement of the landowner of the property upon which the device is or will be
located indicating consent for placement of the device.
(e) Upon receipt of a completed application
for license and the required fee, the application shall be reviewed to confirm
that each off premise outdoor advertising device listed on the license
application has been issued an outdoor advertising
permit, and either:
(1) A license shall be issued; or
(2) The application shall be denied, and a
written notice provided to explain why the application could not be approved,
and how the applicant may request a hearing to review the decision.
(f) Each license shall expire on April 1
following the date of issue.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.10 Off
Premise Advertising Device License Renewal.
(a) The holder of an outdoor advertising license
shall:
(1) Inform the bureau of traffic of changes in
name or address of the owner of any device covered by the license;
(2) Inform the bureau of traffic of changes in
name or address of the landowner of the land on which the device is placed, if
different than the license holder;
(3) Inform the bureau of traffic of changes in
advertising copy placed upon any device covered by the license; and
(4) Seek annual renewal of the license by filing
a Form HARL 908R and paying the required fee.
(b) The bureau of traffic shall furnish Form HARL
908R, entitled, “Application for Renewal of Off Premise Advertising Device
License”, as amended February 27, 2026, by mail to the last known address of
each license holder by February 15 of each year.
(c) The applicant shall complete and file Form
HARL 908R with the bureau of traffic,
together with the fee required by RSA 236:71, by March 15 of each year.
(d) Unless located in the state’s right of way area, the applicant shall provide a signed
statement of the landowner of the property upon which the device is or will be
located indicating consent for placement of the device.
(e) Upon receipt of the completed
application for renewal and the required fee, the application shall be
reviewed, and a license issued unless information contained on the application, or obtained from a field review of the licensed
devices, indicates that any covered device does not comply with Tra 601.11
through Tra 601.13.
(f) If an application for renewal of a license
is denied, a written notice shall be provided explaining why the application
could not be approved, and how the applicant may request a hearing to review
the decision.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.11 Non-Conforming
Advertising Devices.
(a) Non-conforming outdoor advertising devices
lawfully erected shall be granted a permit or renewal permit unless:
(1) Ordered removed pursuant to RSA 236:77 and
Tra 601.15;
(2) Substantially changed in a manner prohibited
by this part;
(3) The non-conforming use has been abandoned for
a period in excess of one year; or
(4) The non-conforming device is destroyed by any
means other than vandalism.
(b) Non-conforming devices may be maintained at
any time by:
(1) Repainting or repair of the structure, trim,
apron, base, or sign face;
(2) Change of advertising copy;
(3) Replacement of damaged or deteriorated
electrical or other components with like materials;
(4) Alterations which result in a net decrease in
the dimensions or square footage of the structure, or the advertising sign
face; or
(5) Permanent removal of electrical components,
border, trim, or apron.
(c) A non-conforming device that has been
substantially changed shall be deemed to have abandoned its non-conforming use, and shall not be granted a permit or renewal permit.
(d) For purposes of (c) above, “substantial
change” means the following types of alterations:
(1) Enlargement of the dimensions of any
structural component;
(2) Enlargement of the dimensions or square
footage of the face;
(3) Increase in the overall height of the
structure, or the face;
(4) Addition of electrical components, borders,
aprons, or trim;
(5) Replacement of damaged or deteriorated parts
with other than like kind materials;
(6) Re-enlargement or reinstallation of any
feature once removed from a non-conforming sign and not replaced within a
reasonable time, not to exceed 90 days;
(7) Modification that changes the type of
structure of a device, such as conversion of a wooden sign structure to a metal
structure; or
(8) Any other modification that serves to change
the location, dimensions, illumination, or base materials of the device.
(e) A non-conforming device shall be deemed to
have abandoned its use if for a period in excess of
one year:
(1) An annual outdoor advertising permit is
allowed to expire, and is not renewed;
(2) The advertising matter on the device relates
to a business that has ceased operations;
(3) The device displays no advertising matter;
(4) The device displays only a message that the
device is available for sale, for rent, or for lease; or
(5) The advertising matter on the device has been
partially obliterated by the owner so as not to identify a particular product,
service, or facility.
(f) A non-conforming device shall not be removed
and re-erected at the same location.
(g) A non-conforming device shall not be
relocated, except to a conforming location.
(h) A non-conforming device that is destroyed
shall not be re-erected. “Destroyed” means that 50 per cent or more of the
device structure or advertising face is damaged or deteriorated to the point
that standard practice in the industry would require replacement of such
structural elements or advertising face materials.
(i) A non-conforming
device deemed destroyed, abandoned, or discontinued shall not lose eligibility
for a permit if the commissioner finds that:
(1) The device was destroyed as
a result of vandalism or other criminal or wrongful act; or
(2) Abandonment or discontinuance of the device
was the result of a closure of the highway in front of
the sign for repair.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.12 Criteria for All Off Premise Advertising
Devices.
(a) No off premise
advertising device shall be granted a permit or renewal if it displays any of
the following content:
(1) Text or images that resemble or imitate an
official traffic control sign, signal, or device;
(2) Text or images that attempt or appear to attempt to direct the
movement of traffic;
(3) Two off premise
advertising devices upon a single facing, if the area of advertising copy for
either of the devices exceeds 350 square feet; or
(4) More than 2 off premise advertising devices
upon a single facing, regardless of the area of advertising copy for any
device.
(b) No off premise
advertising device shall be granted a permit if any of the following hazardous
conditions are present:
(1) The advertising device or its support
structure presents a substantial risk of collapse, detachment, fire, or
electric shock within the permit period due to:
a. Design, materials, fabrication, or
installation that are inadequate to withstand the effects of the elements;
b. Deterioration or decay from exposure to the
elements over time; or
c. Damage from accident, vandalism, or acts of
nature; or
(2) The device includes or is illuminated in any
manner by lights that are:
a. Flashing, intermittent, or moving;
b. Not effectively shielded to prevent beams or
rays of light from being directed at any portion of the main traveled way of
one or more controlled routes;
c. Of sufficient intensity or brilliance to
cause glare, impairment of vision, or distraction of a driver of a motor
vehicle; or
d. Other than white in color.
(c) No off premise
advertising device shall be granted a permit if the size of the device exceeds:
(1) Structural height of 50 feet, measured from
the highest point of the advertising structure perpendicularly to the surface
of the ground or bottom of the sign base, which ever
is greater;
(2) Combined advertising area in one facing of 750 square feet;
(3) Height of an advertising face of 20 feet; or
(4) Length of an advertising face of 50 feet.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.13 Criteria
for Location of Off Premise Advertising Devices.
(a) No off premise
advertising device shall be granted a permit or renewal in a location that has
been designated a scenic and cultural byway pursuant to RSA 238:19-24 unless:
(1) The proposed point of installation is on a
section removed from such designation pursuant to RSA 238:24, I; or
(2) The device was erected prior to the date such
location was so designated and the device remains a
legally erected conforming device under this part.
(b) No off premise
advertising device shall be granted a permit unless it can be installed in
accordance with the following minimum spacing criteria:
(1) If the new sign location is adjacent to any
one side of a non-limited access federal aid primary highway in municipalities
of 4,000 or more in population:
a. Not less than 100 feet, measured along the
traveled way from the nearest point of another lawfully permitted off premise
advertising device, if located in an area between 2 intersecting streets, not
including alleys, undeveloped rights-of-way, private ways, or driveways, less
than 1,000 feet apart, up to a maximum of 3 off premise advertising devices
between such intersecting roadways; or
b. Not less than 300 feet, measured along the
traveled way from the nearest point of another lawfully permitted off premise
advertising device if located in an area between 2 intersecting streets, not
including alleys, undeveloped rights-of-way, private ways, or driveways, 1,000
feet or more apart;
(2) Not less than 300 feet, measured along the
traveled way from the nearest point of another lawfully permitted outdoor
advertising device if located on either side of a
non-limited access federal aid primary highway in municipalities of less than
4,000 in population;
(3) Any 2 farm signs adjacent to both sides of a
federal aid primary highway shall not be less than 1,000 feet apart; and
(4) Farm signs shall not be located farther than
10 miles from the property where the activity advertised is located.
(c) No off premise
advertising device shall be granted a permit if the device is attached,
erected, or maintained in any of the following locations:
(1) A point which would permit all or any portion
of the device to encroach or overhang any portion of a state highway or state
roadway right-of-way, contrary to RSA 236:15, except as provided in this part;
(2) Upon a utility pole or tree or any other
object of nature, contrary to RSA 236:75;
(3) A point adjacent to an interstate, turnpike,
or limited access federal aid primary highway which measures less than 500 feet
from another legally erected off premise device, an interchange, or safety rest
area, unless the devices are separated by a building or other obstruction so
that only one device is visible from the main traveled way at any one time;
(4) A point where the device obscures or
otherwise physically interferes with an official traffic control sign, signal,
or device; or
(5) A point where the device obstructs or
physically interferes with a driver’s view of approaching, merging, or
intersecting traffic.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
Tra 601.14 Effective Control of Outdoor
Advertising.
(a) A person seeking to erect or maintain an
outdoor advertising device without an outdoor advertising permit or license
shall have the burden to show by a preponderance of the evidence that the
device meets the criteria noted in Tra 601.05.
(b) The department shall conduct random field
reviews to inventory and collect information regarding all outdoor advertising
devices located along controlled routes, including whether or
not such devices have been granted permits pursuant to this part.
(c) The bureau of traffic shall, pursuant to RSA
236:78, I, provide a written notice to the device
owner, permittee, or licensee of any action required to bring the device into
compliance with the requirements of statute or this part.
(d) If the owner, permittee, or licensee of the
device has not, within 30 days of receipt of the written notice, taken steps
required to bring the device into full compliance, the bureau of traffic shall
notify such person in writing that any pending application for a permit or
license is denied, or declare the device to be a nuisance.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
(formerly Tra 601.16)
Tra 601.15 Hearings
and Orders for Removal.
(a) An applicant for a permit, license, or
renewal thereof may appeal the following determinations of the bureau of
traffic to the commissioner by filing a request for hearing pursuant to RSA
541-A and Tra 202:
(1) Denial of a request for a permit, or renewal
thereof;
(2) Denial of a request for a license, or renewal
thereof;
(3) Revocation of a permit for cause;
(4) Revocation of a license for cause; or
(5) Determination that a device is a nuisance.
(b) A device owner may appeal a determination of
the bureau of traffic that a device does not qualify as an on-premise
advertising device.
(c) The bureau of traffic shall request a hearing
and seek an order of removal of any existing outdoor
advertising device that constitutes a nuisance, as defined in RSA 236:78, II.
(d) A request for hearing shall be sent to:
Office of the
Commissioner
New Hampshire
Department of Transportation
P.O. Box 483
Concord, NH
03302-0483
(e) A request for hearing shall be in writing and
made within 30 days from the date of receipt of the written decision issued by
the bureau of traffic to the applicant.
(f) The department shall, through the department
of justice, seek an immediate order of removal from a court of competent
jurisdiction in the event that an outdoor advertising
device is or becomes an immediate threat to public safety.
(g) Hearings shall be conducted in accordance
with RSA 541-A, and the Tra 200 procedural rules of the department.
(h) Any party aggrieved by a decision rendered
following a hearing held hereunder shall have the right to a rehearing before
the transportation appeals board pursuant to RSA 21-L:15.
Source.
#8005, eff 12-17-03; ss by #10033, eff 11-23-11, EXPIRED: 11-23-21
New. #14521, eff 2-27-26, EXPIRES 2-27-36
(formerly Tra 601.17)
PART
Tra 602 BUSINESS DIRECTIONAL SIGNS
Tra 602.01 - 602.16
Source. #4507, eff 10-19-88; ss by #4835, eff 6-5-90;
ss by #6237, eff 4-30-96, EXPIRED: 4-30-04
PART
Tra 603 ADVERTISING LICENSE APPLICATIONS
Source. #4903, eff 8-6-90; EXPIRED 8-6-96
PART
Tra 604 ADVERTISING PERMIT APPLICATIONS
Source. #4904, eff 8-6-90; EXPIRED 8-6-96
PART
Tra 605 JUNKYARD CONTROL - EXPIRED
Statutory
Authority: RSA 21-L:12, XV
Source. #4248, eff 3-30-87, EXPIRED 3-30-93
New. #5970, eff 1-31-95, EXPIRED: 1-31-01
APPENDIX
|
Rule |
Statute Implemented |
|
Tra 601.01 |
RSA 236:69- 88-a
|
|
Tra 601.02 |
RSA 236:69- 88-a
|
|
Tra 601.03 |
RSA 236:70 |
|
Tra 601.04 |
RSA 236:72; RSA
236:88, & 88-a; 23 USC Section 104, 131(b); 23 CFR Part 750 |
|
Tra 601.05 |
RSA 236:73 III,
& V; RSA 664:17 |
|
Tra 601.06 |
RSA 236:70 RSA 236:88-a; 23 CFR Part 750 |
|
Tra 601.07 |
RSA 236:72 |
|
Tra 601.08 |
RSA 236:72 |
|
Tra 601.09 |
RSA 236:71 |
|
Tra 601.10 |
RSA 236:71 |
|
Tra 601.11 |
RSA 236:77; 23
CFR Part 750 |
|
Tra 601.12 |
RSA 236:1; RSA
236:74; 23 CFR Part 750, Part 655; 23 USC Section 131 |
|
Tra 601.13 |
RSA 238:19; RSA
238:22-24; RSA 236:74; RSA 236:15; RSA 236:75 |
|
Tra 601.14 |
RSA 236:78; 23
CFR Part 750 |
|
Tra 601.15 |
RSA 236:78; RSA
541-A: 30-36, RSA 21-L:15 |
|
|
|
|
|
|