New Hampshire § 236:18 Right to Air Space Above and Below Certain Highways

New Hampshire Statutes

§ 236:18 — Right to Air Space Above and Below Certain Highways

New Hampshire § 236:18

Title XXTRANSPORTATION

Ch. 236HIGHWAY REGULATION, PROTECTION AND CONTROL REGULATIONS

SubdivisionObstructions and Encroachments

This text of New Hampshire § 236:18 (Right to Air Space Above and Below Certain Highways) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 236:18 (2026).

Text

The state shall have exclusive rights, insofar as they do not conflict with any federal statute, to build into, lease or utilize for any public purpose the air space directly above or below the toll highways and the interstate system highways within this state. These rights to said air space shall extend upward or downward so far as is practical and reasonable for all purposes of the state and it shall be unlawful for any person or persons to violate said air space except as allowed by the state. The department of transportation shall be responsible for the administration and enforcement of this section. Nothing in this section shall be construed as prohibiting aircraft from flying through the air space above the herein mentioned highways. Notwithstanding the foregoing, public utilities sh

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The state shall have exclusive rights, insofar as they do not conflict with any federal statute, to build into, lease or utilize for any public purpose the air space directly above or below the toll highways and the interstate system highways within this state. These rights to said air space shall extend upward or downward so far as is practical and reasonable for all purposes of the state and it shall be unlawful for any person or persons to violate said air space except as allowed by the state. The department of transportation shall be responsible for the administration and enforcement of this section. Nothing in this section shall be construed as prohibiting aircraft from flying through the air space above the herein mentioned highways. Notwithstanding the foregoing, public utilities shall have the right to erect lines through said air space in accordance with the provisions of this chapter relative thereto.