What is a Class VI Road?
Class VI roads are a unique category in New Hampshire's highway classification system - they are public highways that the municipality has no duty to maintain. Understanding the legal definition is essential for property owners, trail users, and municipal officials.
The Legal Definition
RSA 229:5, VII - Class VI Highways
"Class VI highways shall consist of all other existing public ways, and shall include all highways discontinued as open highways and made subject to gates and bars...and all highways which have not been maintained and repaired by the town in suitable condition for travel thereon for 5 successive years or more."
Source: NH RSA 229:5, VII
This definition establishes two critical points: Class VI roads are public ways (not private roads), and they are roads the town has no obligation to maintain.
How Roads Become Class VI
There are three ways a road can obtain Class VI status in New Hampshire:
1 By Layout as Class VI
A town can lay out a new highway directly as a Class VI road under RSA 231:21. This is relatively rare but allows towns to establish public rights-of-way without committing to maintenance.
Example: A town might lay out a Class VI road to preserve historic access routes or provide legal access to landlocked parcels.
2 By Discontinuance Subject to Gates and Bars
Under RSA 231:45, a town can vote to discontinue a Class IV or V highway "as an open highway" while keeping it "subject to gates and bars." This preserves public access while relieving the town of maintenance duties.
Key point: This requires a vote of the town meeting or city council. The road remains a public way.
3 By Non-Maintenance for 5+ Years (Automatic)
If a town fails to maintain a Class V road "in suitable condition for travel" for five successive years or more, the road automatically lapses to Class VI status. No vote is required - this happens by operation of law.
Important: This is the most common way roads become Class VI. Many historic roads in rural NH became Class VI simply because towns stopped maintaining them decades ago.
Key Characteristics of Class VI Roads
They ARE:
- Public ways - Open to all for travel purposes
- Subject to gates and bars - Landowners may install gates
- Under municipal regulatory authority - Towns can regulate use
- Part of NH's highway system - Legally recognized roads
They are NOT:
- Private roads - Public still has access rights
- Maintained by the town - No plowing, grading, or repairs
- Municipal liability - Town not liable for condition
- Suitable for year-round travel - Condition varies widely
NH Highway Classification Comparison
| Class | Description | Maintained By | Public Access |
|---|---|---|---|
| I | Primary state highways | State (NHDOT) | Yes |
| II | Secondary state highways | State (NHDOT) | Yes |
| III | Recreational roads (state parks) | State | Yes |
| IV | Urban compact roads | Municipality | Yes |
| V | Town roads (maintained) | Municipality | Yes |
| VI | Unmaintained public ways | Not maintained | Yes |
Source: RSA 229:5
Common Misconceptions
"Class VI roads are private roads"
Wrong. Class VI roads are public highways. The public has the right to use them for travel. Private roads are completely different - they are owned privately and the public has no inherent right to use them.
"If there's a gate, it's private property"
Wrong. Gates and bars on Class VI roads are allowed under RSA 231:21-a, but they cannot prevent public passage. You may open the gate, pass through, and close it behind you.
"The town abandoned this road"
Misleading. Non-maintenance does not equal abandonment. A Class VI road remains a public way unless formally discontinued by town vote. The town simply has no duty to maintain it.
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. For specific questions about a particular road, consult your town's road agent, selectmen, or a NH attorney.