Maintenance of Class VI Roads
Since municipalities have no duty to maintain Class VI roads, who keeps them passable? This page explains the options: private maintenance with permission, emergency lane designation, and practical considerations for property owners.
The Basic Rule: No Municipal Maintenance
Under RSA 231:93, municipalities have no duty to maintain or repair Class VI roads. This means:
- No plowing or sanding
- No grading or pothole repair
- No brush cutting or tree removal
- No culvert maintenance
- No liability for road conditions
Private Maintenance
In most cases, Class VI roads are maintained (if at all) by abutting property owners or users. This is allowed, but requires proper authorization.
RSA 236:9 - Permission Required
"It shall be unlawful...to excavate or disturb the shoulders, ditches, embankments or the surface improved for travel of...any other highway without written permission from the selectmen or highway agent of the town."
Source: RSA 236:9
Getting Permission: Step by Step
Contact the Road Agent or Selectmen
Explain what work you want to do and why
Submit a Written Request
Describe the scope of work, materials, and timeline
Obtain Written Permission
Don't start work until you have authorization in writing
Post Bond if Required
Under RSA 236:10, the town may require a bond to ensure proper restoration
Complete Work & Restore
RSA 236:11 requires restoration to the satisfaction of local officials
Common Maintenance Activities
Typically Requires Permission
- Adding gravel or fill
- Grading the road surface
- Installing or replacing culverts
- Digging drainage ditches
- Widening the road
- Any excavation work
May Not Require Permission
- Clearing fallen branches (minor)
- Filling small potholes
- Basic brush trimming
- Snow plowing (for access)
Note: When in doubt, ask first
Emergency Lane Designation
RSA 231:59-a - Municipal Option
While towns generally cannot spend money on Class VI roads, there's one exception: RSA 231:59-a allows towns to declare a Class VI road an "emergency lane" and appropriate funds for limited maintenance.
What Emergency Lane Status Allows
Towns may spend money on:
"Removal of brush, repair of washouts or culverts, or any other work deemed necessary to render such way passable by firefighting equipment and rescue or other emergency vehicles."
Requirements
- Public hearing required
- Written findings of public safety need
- Town vote to appropriate funds
- Can establish capital reserve fund
Key Protections
- No duty or liability created (RSA 231:59-a, IV)
- Doesn't change road classification
- Discretionary - town can stop anytime
- No permanent maintenance commitment
Practical Guidance for Property Owners
Coordinate with Other Abutters
Maintenance costs add up. Consider forming an informal road association with other property owners to share costs and coordinate work. Get agreements in writing.
Document Road Condition
Before and after any work, photograph the road. This protects you if there are disputes about restoration or the quality of work performed.
Budget for Ongoing Costs
Class VI road maintenance is a recurring expense. Factor in annual grading, occasional culvert work, and periodic gravel replenishment when budgeting for property on a Class VI road.
Consider Seasonal Limitations
Many Class VI roads become impassable during mud season. Plan major work for dry seasons, and accept that some periods may have limited access.
Hire Qualified Contractors
Road work done poorly can make conditions worse or create drainage problems that affect neighbors. Use experienced contractors who understand rural road construction.
What NOT to Do
- Don't start work without permission - This violates RSA 236:9
- Don't assume silence means approval - Get written authorization
- Don't block the road during work - Maintain passage for other users
- Don't create drainage onto others' land - You could be liable
- Don't exceed the scope of your permission - Additional work needs new approval
- Don't expect the town to reimburse you - Private maintenance is at your cost
Legal Disclaimer: This guide is for informational purposes only. Maintenance requirements and processes may vary by town. Always consult with your local officials before performing any work on a Class VI road.