Summary: Describes the process to convert a Class VI to Class V Road.  Class V roads are maintained by the District, class VI roads are not.

Class VI to Class V Road Conversion procedure

In accordance with NH State law, changing the classification of a Class VI road to a Class V road requires a vote of the Legislative Body (RSA 231:22-a). In other words, the change in classification must be approved by the voters at the Annual Meeting. To gain approval at the Annual Meeting, a Warrant Article must be included on the Warrant. Warrant Articles are created in two ways – the Board of Commissioners can vote to place the Article on the Warrant or the Article may be petitioned by residents. Petitioned Articles must be delivered to the office of the Commissioners no later than 5 pm on the published date for the first Public Hearing on the annual budget. 
In order to be accepted, a petitioned Article must be signed by 10 registered voters of the District.

Once the Article is determined to be placed on the Warrant, the Article still needs to be passed by the voters at the Annual Meeting. Voter approval will be contingent upon the ability to show that the road is up to Class V road standards of the District.

An issue that persons who live on Class VI roads may encounter is unwillingness of property owners on the road to pay their share of road upgrades that would be necessary to receive approval for a classification change. In this situation, property owner’s may petition the Board of Commissioners hold a public hearing for the conditional layout of a Class V road over an existing Class VI road (NH RSA 231:28-33).

At a duly noticed public hearing for conditional layout of a Class V road over an existing Class VI road, the total cost of construction for the road repairs needed to bring the road to Class V standards must be disclosed. The conditional layout would then be outlined at the public hearing and the acceptance of the road as a Class V maintained road would become contingent upon completion of the proposed work. The full costs of the needed road work would be borne by the properties abutting the road via a ‘betterment assessment’ under NH RSA 231:22. Based upon the total cost the assessment can be delivered to the tax collector for collection in one year or may be spread over a period not to exceed 10 years. Under this procedure, the tax payers who are to be charged the betterment assessment may enter a counter-petition to block the betterment assessment. A valid counter-petition must be signed by a majority of all property owners to whom the betterment assessment would be charged. Should this occur, the road would not be improved and would remain as a Class VI road.