What is a Class VI Road?
Under New Hampshire law, Class VI roads are public highways that the town has no duty to maintain. They include roads discontinued "subject to gates and bars" and roads not maintained for 5+ consecutive years.
Public Access
The public may use Class VI roads for all travel-related purposes
No Town Maintenance
Municipalities have no duty to repair or maintain these roads
Gates & Bars Allowed
Property owners may install gates that don't block public passage
New Hampshire Class VI Roads: Complete Legal Guide
This comprehensive guide explains New Hampshire's Class VI road laws for property owners, trail users, municipal officials, and anyone who uses or lives near these unique public ways. Every statement is sourced from official NH statutes or authoritative legal guidance.
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws and regulations may change. For specific legal questions about Class VI roads, consult a New Hampshire attorney or your local municipal officials. Information current as of January 2025.
Quick Reference: Key Statutes
Definition & Classification
- RSA 229:5, VII - Class VI definition
- RSA 231:21-a - Uniform provisions
- RSA 231:22-a - Reclassification
Municipal Authority
- RSA 231:93 - No municipal liability
- RSA 231:59-a - Emergency lanes
- RSA 674:41 - Building permits
Guide Sections
What is a Class VI Road?
Legal definition under RSA 229:5, how roads become Class VI, and key characteristics that distinguish them from other highway classes.
Property Owner Rights
Gates and bars, private maintenance permissions, access rights, and what abutting landowners can and cannot do.
Public Access Rights
What "viatic purposes" means, allowed uses for hikers and vehicles, and the limits of public access on Class VI roads.
Building Permits
RSA 674:41 requirements, how to get approval to build on Class VI road lots, and upcoming 2026 law changes.
Municipal Authority & Liability
What towns can and cannot do, liability protections, regulatory powers, and when municipalities can spend money on Class VI roads.
Recreational Use
OHRV and snowmobile access rules, hiking and biking rights, and how municipalities authorize recreational vehicle use.
Maintenance & Repairs
Private maintenance permissions, emergency lane designations, excavation permits, and practical guidance for road upkeep.
Reclassification
How to upgrade a Class VI road to Class V, full discontinuance procedures, and what happens to public rights.
Why This Matters for Trail Users
Many of New Hampshire's best backcountry roads and historic routes are Class VI highways. Understanding your rights helps you:
- Know where you can legally travel - Class VI roads are public ways open to all
- Understand gates and bars - You can open them, pass through, and close them behind you
- Respect property boundaries - The road is public; adjacent land may be private
- Navigate responsibly - These roads are unmaintained, so travel at your own risk
- Advocate effectively - Know the law when discussing access issues with landowners or officials