CONTROL OF TALL STRUCTURES

RSA tit. XXXIX, ch. 422-B

in effect

RSA 422-B:1 Declaration of Purpose.

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 in this state be maintained in a reasonably unobstructed condition for the safe flight of aircraft. To that end, the location, height, and identification of structures, and the use of land thereto related, are regulated. Source. 1959, 118:1, eff. May 25, 1959.

RSA 422-B:2 Definitions.

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 or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights of way, either heretofore or hereafter established. II. "Approach surface" means the imaginary sloping plane beginning at the end of the runway or landing strip and rising uniformly over the approach area at the required slope. III. "Department" means the department of transportation. IV. "Landing strip" means that part of the area within an airport boundary, which either in its natural state or as a result of construction work is suitable for the landing and take-off of aircraft. V. "Permit" means a permit issued by the department under the provisions hereof. VI. "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, including the state and any political subdivision thereof, and includes any trustee, receiver, assignee, or other similar representative thereof. VII. "Runway" means the paved, or hard surfaced, or stabilized portion of a landing strip. VIII. "Structure" means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. IX. "Transitional surface" means an imaginary sloping plane having a profile perpendicular to the extended runway or landing strip longitudinal center line beginning at the approach surface and rising uniformly at the required slope. X. "Open waters" means those areas of rivers, ponds, lakes, impoundments, bays and marshes the air space over which is at least 200 feet in width for a continuous distance of at least 1,000 feet. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:3 Limitation on Structure.

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 allowed by that paragraph, nor at any other place in this state which will result in a structure extending more than 500 feet above the highest point of land within a one-mile radius from the structure. II. In territory surrounding public airports for which zoning ordinances or regulations have been, or hereafter are, made effective by local governmental authorities pursuant to RSA 424, no person shall erect, add to the height of or replace any structure except as allowed by such local zoning ordinances or regulations, but no permit therefor from the department shall be required. Outside of such locally zoned territory and within the area and in accordance with the slope ratios prescribed by the airport approach plan for each airport as adopted by the department pursuant to RSA 424:3, no structure shall be erected, altered by increasing the height thereof or replaced until a permit therefor has been obtained from the department. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:4 Permits.

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 for which a permit is required that exceeds the height allowed by the permit. The department may issue a permit to erect or add to a structure which will extend to a height of more than 1,000 feet above the highest point of land within a one-mile radius from the location of the structure proposed to be erected or added to if such proposed structure will not be higher than 50 feet above the height of the highest structure in existence on May 25, 1959, which is within a distance of one mile from the location of the structure proposed to be erected or added to. In any instance where an application is pending before the federal government or some agency thereof for the erection of an electronic or other structure, the department shall not issue a permit for such structure until after the federal government or the agency thereof before which such application is pending has taken final action on the application. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:5 Application.

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 maximum height allowed for the structure. Applications for permits shall be made to the department pursuant to rules and regulations promulgated by and on forms provided by the department under the provisions of RSA 422-B:16. Upon the receipt of an option for a permit, the department shall send by certified mail, return receipt requested, a copy of such application to the planning board, if any exists, of the town or city in which the structure involved stands or is sought to be erected. If there is no planning board, then said copy shall be so sent to the governing body of the town or city. Within 30 days after the receipt of the copy of the application, the planning board or the governing body, as the case may be, shall submit its recommendations with respect to the application to the department. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:6 Conditions.

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.

RSA 422-B:7 Investigations.

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 shall thereupon notify the applicant in writing of its determination. Such notification may be served by delivering it personally to the applicant or by sending it by first class mail to the applicant at the address specified in the application. Such determination shall become final 20 days after notification thereof is served unless the applicant, within such 20-day period, requests in writing that a hearing be held before the department with reference to the application. All such hearings shall be open to the public. Any person interested may appear and be heard either in person or by counsel and may present such evidence and testimony as may be pertinent. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:8 Marking Structures.

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 approved by the department so that the same will be clearly visible to airmen. In determining the structures which are hazards or potential hazards to air navigation the department shall consider the minimum altitudes of flights prescribed by state and federal regulations, the terrain, the character of the neighborhood, uses to which the structure and surrounding property may be adaptable and the character of the flying operations expected to be conducted in the area. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:9 Notice of Determination.

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 in writing and shall set forth specifications as to the manner in which the structure is to be marked, illuminated, painted or designated in order to make it clearly visible to airmen. The person to whom the notice is sent shall have 60 days to comply with the requirements thereof. Such determination shall become final 20 days after notification thereof is received unless the person receiving such notice requests in writing, within such 20-day period, that a hearing be held before the department with reference to the determination. All such hearings shall be open to the public. Any person interested may appear and be heard either in person or by counsel and may present such evidence and testimony as may be pertinent. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:10 Hearings.

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).

RSA 422-B:11 Witnesses.

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).

RSA 422-B:12 Appeal.

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.

RSA 422-B:13 Wires over Open Water.

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 or replacing such lines as the case may be, inform the department and the director of the coast and geodetic survey of the exact location of such lines and the height of such lines above the water level and shall furnish such other information and specifications as the department shall request. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:14 Orders.

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 to such person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing thereon shall be set out in such order. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:15 Action to Restrain.

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, by way of injunction (which may be mandatory) or otherwise, as may be necessary hereunder and the rules, regulations, and orders of the department issued pursuant thereto. Source. 1959, 118:1. 1985, 402:6, I(c)(2).

RSA 422-B:17 Penalty.

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 distinct offense. Source. 1959, 118:1. 1973, 529:104, eff. at 11:59 P.M., Oct. 31, 1973.

RSA 422-B:18 Separability.

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. May 25, 1959.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXIX-422-B.htmFetched: 10/20/2026