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Planning Board flags concerns about Senate Bill 281 change allowing building on Class VI roads
Summary
Board members discussed Senate Bill 281 (amending RSA 674:41) that permits construction on lots adjacent to Class VI roads if applicants record a liability waiver and provide a certificate of insurability; members questioned town liability, enforcement, and practical access issues.
David Patch summarized Senate Bill 281, which amends RSA 674:41 to allow municipalities to issue building or occupancy permits for properties adjacent to Class VI roads if the applicant records a liability waiver and provides proof of insurability.
Patch said the new law requires applicants to sign a waiver acknowledging the municipality will not maintain the highway or provide services and that the waiver must be recorded at the county register of deeds; applicants must also produce evidence that the lot and buildings are insurable. He warned the certificate-of-insurability language is vague and said a local insurance contact told him special insurance pools might be needed and costs could be high for remote lots.
Board members raised practical concerns. Vicki Garland noted Selectmen’s counsel had suggested there is no explicit requirement for Selectmen to agree to a waiver; Kevin Bennett asked about winter access and emergency response, and Patch said the waiver would shift responsibility to the homeowner. Members agreed to bring the item to the Selectmen and to seek legal clarification on whether the town could be compelled to accept recorded waivers and on what constitutes an acceptable certificate of insurability.
