Municipal Authority & Liability
New Hampshire law carefully balances municipal authority over Class VI roads with protection from liability. This page explains what towns can do, what they cannot do, and how they're protected from lawsuits.
No Duty to Maintain
RSA 231:93 - Municipal Immunity
The highway maintenance duty established in RSA 231:90-92a applies only to Class IV and V highways. Class VI roads are explicitly excluded:
"As set forth in RSA 231:93, class VI highways are not subject to any municipal duty of care or maintenance."
Source: RSA 231:21-a
Towns Are NOT Required To:
- Plow snow
- Grade or repair the road surface
- Maintain drainage or culverts
- Clear brush or fallen trees
- Post warning signs
- Make the road passable
Towns Are NOT Liable For:
- Vehicle damage from road conditions
- Personal injuries on the road
- Delayed emergency response
- Property damage from poor drainage
- Accidents due to unmaintained conditions
Regulatory Authority Retained
Key Point
Even though municipalities have no maintenance duty, they retain the same regulatory authority over Class VI roads as they have over Class V roads. No maintenance doesn't mean no control.
Specific Powers Under RSA 231:21-a
Use Regulation
- RSA 41:11 - Selectmen's powers
- RSA 47:17, VII, VIII, XVIII - City highway ordinances
Excavation Control
- RSA 236:9-11 - Excavation permits
What Towns CANNOT Do
Spending Restrictions
Under RSA 231:59, municipalities may only spend highway funds on Class IV and V highways. They cannot use regular highway appropriations on Class VI roads.
Exception: Emergency lane designation under RSA 231:59-a (see below)
Liability Risk: If a municipality voluntarily maintains a Class VI road (outside the emergency lane exception), it may expose itself to liability claims. This is why towns are very careful about any maintenance activities.
Emergency Lane Exception (RSA 231:59-a)
What It Allows
RSA 231:59-a provides the only authorized way for towns to spend money on Class VI roads:
"A town may raise and appropriate, and the selectmen may expend, money for the repair of any class VI highway or private way which has been declared an emergency lane."
Requirements for Emergency Lane Designation
Public Hearing Required
The governing body must hold a public hearing before designating an emergency lane
Written Findings
Must find that "the public need for keeping such lane passable by emergency vehicles is supported by an identified public welfare or safety interest"
Limited Scope of Work
Repairs limited to "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"
Key Protection
RSA 231:59-a, IV: Maintenance under the emergency lane statute does NOT create any duty or liability for the municipality. Towns are specifically protected.
Important Limitation
Emergency lane designation is discretionary and temporary. It doesn't change the road's classification or create any permanent maintenance obligation.
Authority Over Gates and Bars
Under RSA 231:21-a, selectmen have authority to:
- Regulate gates and bars to ensure they don't interfere with public use
- Order removal of gates or bars that have fallen into disrepair
- Require modifications to gates that block public passage
- Enforce requirements that gates be openable/closable by highway users
Recreational Vehicle Authorization
Municipalities have specific authority to allow or prohibit OHRV and snowmobile use on Class VI roads:
- RSA 215-A:15 - Selectmen may authorize OHRV use after public hearing
- RSA 215-C:31 - Selectmen may authorize snowmobile use after public hearing
See our Recreational Use page for details.
Best Practices for Municipal Officials
The NH Municipal Association recommends:
- Post signs at the beginning of Class VI roads notifying the public that the road is unmaintained and traveled at users' own risk
- Maintain road files documenting the classification status and history of each road
- Review gates and bars periodically to ensure they comply with RSA 231:21-a
- Use emergency lane designation when maintenance is truly needed for public safety
- Avoid ad hoc maintenance that could create liability exposure
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Municipal officials should consult with their town attorney or NHMA Legal Services for specific guidance.