§ 236:96 — Location Requirements

At the time and place set for hearing, the commissioner of transportation or his or her agent shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location of the junk yard or automotive recycling yard. In passing upon the application, after proof of legal ownership or right to the use of the property by the applicant for the license period, he or she shall take into account the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings or other places of public gathering; and whether or not the use of the proposed location can be reasonably prevented from affecting the public health, safety, or morals by reason of offensive or unhealthy odors or smoke, or of other causes. In no case may a license be granted for a new junk yard or automotive recycling yard located less than 1,000 feet from the nearest edge of the right-of-way lines and visible from the main traveled way of the interstate system.

Legislative History

RSA 249-B:7. 1967, 252:1. 1981, 87:1. 1985, 402:6, I(b)(7). 1992, 88:6. 2008, 164:5, eff. Aug. 5, 2008.