236:1 Regulation. – I. The commissioner may regulate the use of class I, class II, and class III highways in towns or cities without compact sections and in other towns and cities outside the compact portion thereof as determined by him, including the use of rights-of-way. II. The commissioner may establish stop intersections, erect […]
236:10 Regulations; Bond. – The person or entity giving such written permission may make rules and regulations to govern the excavation and restoration of such highway and may require that a bond satisfactory to such person or entity be furnished to the state, city, or town providing for the satisfactory restoration of the highway. […]
236:100 Nonconforming Established Junk Yards or Automotive Recycling Yards. – Notwithstanding any provision of this subdivision, any junk yard or automotive recycling yard in existence on October 22, 1965, which does not conform to the requirements of this subdivision and which as a practical matter cannot be screened, shall not be required to be […]
236:101 Application of Other Statutes. – If the provisions of this subdivision or the application of such provisions to any person or circumstances appear to conflict with the provisions of RSA 236:111-129 then the provisions of this subdivision shall take precedence. Source. RSA 249-B:12. 1967, 252:1. 1981, 87:1, eff. April 20, 1981. 1999, 288:1, […]
236:102 Public Land. – All public land or reservations of the United States, state, city, town or other political subdivision which are adjacent to any portion of the interstate and turnpike systems shall be effectively controlled in accordance with the provisions of this subdivision. Source. RSA 249-B:13. 1967, 252:1. 1971, 81:5. 1981, 87:1. 2008, […]
236:103 Industrial Areas. – Notwithstanding any provision of this subdivision, junk yards, auto graveyards and scrap metal processing facilities may be operated within areas adjacent to the interstate system and the turnpike system which are within 1,000 feet of the nearest edge of the right-of-way and which are within a zoned industrial area, or […]
236:104 Compensation. – Just compensation shall be paid the owner for the relocation, removal, or disposal of any junk yard lawfully established under state law, which is required to be removed, relocated, or disposed of pursuant to 23 U.S.C. § 136. No rights to compensation accrue until a taking or removal has occurred. Notwithstanding […]
236:105 Acceptance of Federal Funds. – The commissioner of transportation may accept any allotment of funds by the United States, or any department or agency thereof, for the foregoing purposes. The commissioner is authorized to landscape, screen or acquire land or interest in land as may be required to effectively control junk yards in […]
236:106 Penalty. – A person shall be guilty of a violation for each day or fraction thereof in which he is in violation of the provisions of this subdivision. All fines collected hereunder shall be deposited in the highway fund. Source. 1939, 50:4. RL 165:25. RSA 249-B:17; 267:4. 1967, 252:1. 1973, 528:151; 531:77. 1981, […]
236:107 Injunction. – In addition to the penalty in RSA 236:106 the commissioner of transportation may obtain a mandatory injunction to end the violation. Source. RSA 249-B:18. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7).
236:108 Limitation on Subdivision. – The provisions of this subdivision shall be declared to be null and void by the governor at any time when such action is recommended by the commissioner of transportation because the operation of said subdivision is no longer necessary (1) to comply with federal laws and regulations and such […]
236:109 Right to Enter. – The commissioner of transportation or his representative at his discretion may enter a junk yard or automotive recycling yard for inspection without incurring any liability to the property owner or junk yard or automotive recycling yard owner. Source. RSA 249-B:20. 1971, 81:7. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:9, […]
236:11 Restoration. – Any person, entity, or corporation who excavates or disturbs the shoulders, ditches, embankments, or the surface improved for travel of any highway shall restore such highway to a condition at least equal to the condition that was present before the excavation or disturbance. Source. 1945, 188:1, part 19:10. RSA 249:15. 1981, […]
236:110 Collection and Disposal of Recycling Vehicles. – Notwithstanding any provision of this subdivision, the commissioner of transportation or his representative is authorized to collect and dispose of individual recycling motor vehicles from private lands adjacent to and in view of any federal aid highway, provided that owners agree to such collection and disposal […]
236:111 Purposes. – This subdivision is adopted under the police power of the state to conserve and safeguard the public safety, health, morals, and welfare, and to further the economic growth and stability of the people of the state through encouragement to the development of the tourist industry within the state. A clean, wholesome, […]
236:111-a Scope. – I. Except as provided by paragraphs II and III, the provisions of this subdivision shall apply to all junk yards, as defined by RSA 236:112, I, including those approved under RSA 149-M and those subject to regulation under RSA 236:90-110. II. The provisions of this subdivision shall not apply to any […]
236:112 Definitions. – For the purposes of this subdivision: I. " Junk yard " means a place used for storing and keeping, or storing and selling, trading, or otherwise transferring old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, […]
236:113 Minimum Area Waiver Authorized. – The director of motor vehicles may in his discretion and after a public hearing waive the minimum 1200 square foot requirement specified in RSA 236:112, V(a) and (b). Source. RSA 267-A:2-a. 1975, 121:2. 1981, 87:1, eff. April 20, 1981.
236:114 Requirement for Operation or Maintenance. – A person shall not operate, establish, or maintain a junk yard or machinery junk yard until he (1) has obtained a license to operate a junk yard business and (2) has obtained a certificate of approval for the location of the junk yard. Source. RSA 267-A:3. 1965, […]
236:115 Application for License and Certificate of Approval. – Application for the license and the certificate of approved location shall be made in writing to the local governing body of the municipality where it is proposed to locate the junk yard or automotive recycling yard. In municipalities having a zoning ordinance and a zoning […]
