422-B:1 Declaration of Purpose. – The safety, welfare and protection of persons and property in the air and on the ground and of the maintenance of electronic communications within this state require that the navigable air space overlying the state and the approaches to and the air traffic pattern area of any public airport […]
422-B:10 Hearings. – The department shall have power to subpoena witnesses and administer oaths in any hearing conducted by it, and to compel, by subpoena duces tecum, the production of any pertinent accounts, books, contracts, records, documents, memoranda and papers. Source. 1959, 118:1. 1985, 402:6, I(c)(2).
422-B:11 Witnesses. – Witnesses summoned before the department shall be paid the same fees as witnesses summoned to appear before the superior court. Source. 1959, 118:1. 1985, 402:6, I(c)(2).
422-B:12 Appeal. – The procedure for rehearings and appeal shall be that prescribed by RSA 541. Source. 1959, 118:1, eff. May 25, 1959.
422-B:13 Wires over Open Water. – In addition to complying with any other applicable provisions of this chapter, any person owning, operating or maintaining, or erecting, altering or replacing transmission or telephone lines over and across the open waters of this state shall, within 90 days following May 25, 1959, or before erecting, altering […]
422-B:14 Orders. – In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to the provisions hereof but concerning which no application for a permit has been filed, it may on its own motion issue an order […]
422-B:15 Action to Restrain. – In addition to any other remedy, the department may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of the provisions hereof or of any rules, regulations or orders of the department issued pursuant thereto. The court may grant such relief, […]
422-B:16 Repealed by 1985, 402:39, IX. –
422-B:17 Penalty. – Whoever violates or fails to comply with the provisions of this chapter or with regulations promulgated hereunder shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day’s continuance of a violation of this chapter shall be deemed a separate and […]
422-B:18 Separability. – If any one or more of the provisions of this chapter is declared unconstitutional or the application thereof is held invalid, the validity of the remainder of the chapter and the application of such provision or provisions to other persons and circumstances shall not be affected thereby. Source. 1959, 118:1, eff. […]
422-B:2 Definitions. – As used in this chapter, unless the context otherwise requires: I. "Airport" means any area, of land or water, except a restricted landing area, which is designed for the landing and take-off of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft or for receiving […]
422-B:3 Limitation on Structure. – I. Except as provided in paragraph II, until a permit therefor has been issued by the department, no person shall erect, add to the height of or replace any structure within the areas described in paragraph II of this section which will result in a structure higher than that […]
422-B:4 Permits. – No permit shall be issued to erect, add to or replace any structure which will extend more than 1,000 feet above the highest point of land within a one-mile radius from the location of the structure, except as hereinafter provided, nor shall any person erect, add to or replace any structure […]
422-B:5 Application. – It is not necessary that ownership of, option for, or other possessory right to a specific location site be held by the applicant before application for a permit is filed with the department, but any permit granted by the department shall, among other things, state the specific location and also the […]
422-B:6 Conditions. – Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. Such identification characteristics required shall conform to federal laws and regulations where applicable. Source. 1959, 118:1, eff. May 25, 1959.
422-B:7 Investigations. – Upon receiving an application for a permit, the department shall make such investigation as may be necessary to process the application properly hereunder. If, upon such investigation, the department determines that a permit should not issue or that the height or location should be other than as applied for, the department […]
422-B:8 Marking Structures. – Any structure which obstructs the air space more than 170 feet above the ground or water level when determined by the department to be a hazard or a potential hazard to the safe flight of aircraft shall be plainly marked, illuminated, painted, lighted or designated in a manner to be […]
422-B:9 Notice of Determination. – When the department determines that a structure is a hazard or a potential hazard to air navigation within the meaning of this chapter, it shall notify the owner of the land on which the structure is located or the owner or operator of the structure. The notice shall be […]
