Public Access Rights on Class VI Roads
Class VI roads are public highways, and the public has the right to use them. This page explains what "public access" means, what activities are allowed, and the limits of these rights.
The Key Principle: Viatic Purposes
The public may use a Class VI highway for all "viatic" purposes - meaning all purposes relating to travel. This term comes from the Latin "via" (road) and encompasses a broad range of travel-related uses.
Source: NH Municipal Association
What You CAN Do on Class VI Roads
Travel Activities
- Walk, hike, or jog
- Ride a bicycle
- Ride a horse
- Drive a motor vehicle (if passable)
- Park temporarily (on the road itself)
- Access public lands beyond
Incidental Uses
- Stop to rest during travel
- Take photographs
- Observe wildlife from the road
- Turn around if necessary
- Wait for others in your party
What You CANNOT Do
Prohibited on the Road
- Block the road or obstruct travel
- Damage the road surface
- Dump trash or materials
- Camp on the road itself
- Excavate without permission
- Create hazards for other travelers
Adjacent Private Land
- Leave the road onto private property
- Park on private land
- Camp on adjacent private land
- Hunt on private land without permission
- Cut across private property
Remember: Your right to use a Class VI road does not give you any right to trespass on adjacent private land. The road may pass through private property, but only the road itself is public.
Dealing with Gates and Bars
Your Right to Pass Through Gates
Under RSA 231:21-a, gates and bars on Class VI roads must be "capable of being opened and reclosed by highway users." This means:
- You may open the gate
- You may pass through
- You must close the gate behind you
- The gate cannot be permanently locked against public passage
Historical Context
The term "gates and bars" dates from when landowners needed to contain livestock while still allowing public passage. Travelers were expected to open gates, pass through, and close them to keep animals in. This tradition continues today, even though livestock containment is less common.
If a Gate Appears Locked
If you encounter a gate that appears to permanently block passage, this may violate RSA 231:21-a. You can report this to the town selectmen, who have authority to order the gate modified or removed if it interferes with public use.
Motor Vehicle Use
Standard Vehicles
You may drive a registered motor vehicle on a Class VI road, subject to these considerations:
- Road conditions vary widely - From passable gravel to rutted tracks to completely impassable
- No maintenance guarantee - The town has no duty to make the road passable
- Vehicle damage is your responsibility - You cannot hold the town liable
- Seasonal variations - Many Class VI roads are impassable during mud season or winter
Tip: Scout the road on foot first if you're unsure about conditions.
OHRVs and Snowmobiles
Off-highway recreational vehicles (OHRVs) and snowmobiles have different rules than standard vehicles. They require municipal authorization before operating on Class VI roads. See our Recreational Use page for details.
Understanding the Limits
Road Width
The public right extends only to the legal width of the road - typically defined by the original layout (often 3-4 rods, or 49.5-66 feet) or by historical use. Beyond that width is private property.
Travel Purpose Only
The public right is for "viatic" (travel-related) purposes. Using the road as a base for other activities - such as extended camping, commercial operations, or storage - is not protected.
Municipal Regulations Apply
Under RSA 231:21-a, municipalities retain regulatory authority over Class VI roads. They can enact ordinances governing use, establish weight limits, and regulate specific activities. Check with your local town for any specific rules.
Practical Tips for Trail Users
- Respect property boundaries - Stay on the road; don't wander onto adjacent private land
- Close gates behind you - This is both law and courtesy
- Pack out what you pack in - Leave no trace on these unmaintained roads
- Be prepared for rough conditions - These roads may be muddy, rutted, or overgrown
- Know before you go - Research specific roads and check for any local restrictions
- Be courteous to abutters - They live there and share the road with you
- Carry a map - Class VI roads may not appear on all GPS systems
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Road conditions and local regulations vary. Always verify access rights with local officials if uncertain.