Committee sends OHRV-on-highways bill for interim study after debate over local control

Representative Bob Harb, chairman of the Resources, Recreation and Development Committee, led a full-committee work session on HB 113, a bill to allow OHRV (off-highway recreational vehicle) operation on certain state highways within the town of Windsor. The discussion covered a DOT-requested amendment that would require public notice and Department approval before a state highway could be opened to OHRV use and would allow the Windsor select board to close the road for OHRV use without a new legislative act.

Committee members and a Windsor resident described uncertainty about what local action, if any, had already occurred. Claire Poulliott, a Windsor resident who testified during the work session, said the town’s selectmen had considered placing a warrant article before voters but were advised by attorneys that they could not finalize a vote because the roads in question are state-maintained (Windsor Road and Black Pond Road). Poulliott said the selectmen ultimately deferred to the state.

The amendment, introduced by Representative Nabb and described as being prepared at the request of the Department of Transportation, was explained to require a public hearing and Department consultation in the same manner as existing statutory processes (the amendment references procedures comparable to RSA 215-A provisions governing certain road changes). Representative Nabb said the change would allow the select board to close the road for OHRV use without returning to the legislature.

Committee members pressed for more local documentation: Representative Darby said the committee had been told minutes existed from a Windsor meeting but that committee staff had not yet located them. Several members expressed concern that a public hearing alone might not be sufficient local control if the Department of Trails (referenced in the bill text) would effectively make the final decision after consulting other state agencies. Representatives raised public-safety concerns, citing noise and dust from OHRVs and uncertainty about enforcement and penalties when OHRVs operate on paved state roads rather than trail networks.

During executive session Representative Davis moved the committee “ought to pass” HB 113; Representative Nabb moved the DOT-requested amendment (seconded by Representative Davis) and the committee approved that amendment. After amendment approval the motion that HB 113 “ought to pass” as amended failed on a roll call. Representative Darby then moved that HB 113 be referred to interim study; that motion was seconded and passed on a unanimous voice/consent roll of committee members present.

The committee instructed staff to search for the Windsor meeting minutes referenced in emails and to provide clarifying information during the interim-study period. The interim study will allow additional review of town-level notification, the proper role of the Department of Trails versus local select boards, and the concerns raised about noise, dust and enforcement when OHRVs operate on state highways.

The committee explicitly did not take public testimony during the work session; some audience members were invited to answer factual questions by the chair.