Reclassification of Class VI Roads
Class VI status isn't necessarily permanent. Roads can be upgraded to Class V (maintained), or they can be fully discontinued. This page explains the processes and implications of each option.
Three Possible Outcomes
Upgrade to Class V
Town votes to accept maintenance responsibility. Road becomes a regular town road.
Automatic Restoration
If town maintains for 5+ years, road automatically returns to Class V status.
Full Discontinuance
Town votes to extinguish public rights entirely. Land typically reverts to abutters.
Upgrading to Class V
RSA 231:22-a - Reclassifying a Class VI Highway
"A class VI highway or portion thereof may be reclassified by vote of the town as a class V highway, or as a class IV highway if located within the compact sections of cities and towns."
Source: RSA 231:22-a
Requirements for Reclassification
Petition or Selectmen Proposal
Someone must initiate the process, either by citizen petition or selectmen's warrant article
Town Meeting Vote
The legislative body (town meeting or city council) must vote to approve reclassification
Road Improvements (Usually)
Towns often require road improvements before accepting maintenance responsibility
Benefits of Reclassification
- Town assumes maintenance responsibility
- Year-round accessibility
- Easier to get building permits
- Higher property values
- Better emergency response
Challenges
- Towns often reluctant to add to maintenance burden
- May require significant road improvements first
- Costs can be substantial
- Requires political support
- Abutters may need to fund upgrades
Automatic Return to Class V
RSA 229:5, V - Restoration by Maintenance
A Class VI road that lapsed due to non-maintenance can automatically return to Class V status if the town:
"Any public highway which at one time lapsed to class VI status due to 5-years' nonmaintenance... but which subsequently has been regularly maintained and repaired by the town on more than a seasonal basis and in suitable condition for year-round travel thereon for 5 successive years or more..."
Source: RSA 229:5, V
Key Requirements
- Regular maintenance - Not just occasional or emergency repairs
- More than seasonal - Year-round maintenance, not just summer grading
- Suitable for year-round travel - Actually passable all seasons
- 5 successive years - Continuous, not intermittent
Caution for Towns: If a town starts maintaining a Class VI road, it could trigger automatic reclassification and create a perpetual maintenance obligation. This is why towns are careful about any maintenance activities on Class VI roads.
Full Discontinuance
What Full Discontinuance Means
Unlike Class VI status (which preserves public rights), full discontinuance extinguishes all public rights to the highway. The road ceases to be a public way entirely.
This is a significant decision with permanent consequences.
Discontinuance Process
Under RSA 231:43 and related statutes:
- Petition or selectmen's initiative to discontinue
- Public hearing required
- Vote of the legislative body (town meeting or council)
- Damages may be owed to affected property owners
What Happens to the Land
- Land typically reverts to abutting property owners
- Usually divided at the centerline
- Title issues can be complex
- May require surveying
Consequences
- Public access permanently lost
- May landlocked some properties
- Can trigger damage claims
- Cannot easily be reversed
Comparison of Options
| Factor | Upgrade to V | Stay Class VI | Discontinue |
|---|---|---|---|
| Public Access | Full | Preserved | Extinguished |
| Town Maintenance | Required | None | N/A |
| Building Permits | Standard process | RSA 674:41 applies | Private road rules |
| Town Vote Required | Yes | No (status quo) | Yes |
| Reversibility | Can revert to VI | Flexible | Difficult |
Practical Considerations
Before Seeking Reclassification
Consider whether the town is likely to support it, what improvements would be needed, who would pay for those improvements, and whether there's sufficient political support among townspeople.
Working with Town Officials
Talk to selectmen and the road agent early. Understand their concerns. Be prepared to address cost, maintenance burden, and impact on other town roads.
Professional Assistance
Reclassification involves legal and engineering considerations. Consider consulting with a surveyor, road engineer, and attorney familiar with NH road law.
Legal Disclaimer: This guide is for informational purposes only. Reclassification and discontinuance procedures are complex legal processes. Consult with a NH attorney and your local officials before pursuing any changes to road classification.