SB 153-FN - AS AMENDED BY THE SENATE
03/13/2025 0759s
2025 SESSION
25-1051
11/08
SENATE BILL153-FN
AN ACTrelative to expedited driveway permitting of major entrances for residential use of 20 units or greater.
SPONSORS:Sen. McConkey, Dist 3; Sen. Avard, Dist 12; Rep. Milz, Rock. 13; Rep. R. Brown, Carr. 3; Rep. Alexander Jr., Hills. 29
COMMITTEE:Transportation
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AMENDED ANALYSIS
This bill creates an expedited driveway permit for major entrances for parcels of land for residential use of 20 units or greater.
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Explanation:Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/13/2025 0759s25-1051
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTrelative to expedited driveway permitting of major entrances for residential use of 20 units or greater.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Expedited Permitting. Amend RSA 236:13 by inserting after paragraph IV-a the following new paragraph:
IV-b. For expedited permitting of major entrances for residential use of 20 units or greater:
(a) The commissioner of the department of transportation shall revise the department's policy for the permitting of driveways and other access to the state highway system to implement an optional program for the expedited permitting of major entrances for residential use of 20 units or greater, within 60 business days of approval of the traffic impact study.
(b) An applicant electing to use the expedited permitting process under this paragraph shall pay a $120 per unit non-refundable permit fee.
(c) The commissioner of the department of transportation, with approval of the governor and council, may adjust the fee in subparagraph (b).
(d) In addition to the permit fee in subparagraph (b), the applicant shall pay a retainer as formulated in the department's policy relating to the permitting of driveways and other access to the state highway system, for reasonable expenses incurred by the department for third party professional engineer review and consultation during the expedited permitting process. All third-party review fees shall be tracked and a copy provided to the applicant. All unused retainages shall be refunded to the applicant within 120 days of the issuance of the permit.
2 Position Established. There shall be a classified position of business operations specialist established within the department of transportation, compensated under SOC 13, Broad Group 13-1190, Pay Band 6, for the purpose of administering the expedited permitting of major entrances under RSA 236:13, IV-b.
3 Effective Date. This act shall take effect 90 days after its passage.
LBA
25-1051
1/9/25
SB 153-FN- FISCAL NOTE
AS INTRODUCED
AN ACTrelative to the issuance of permits for the alteration of driveways exiting onto public ways.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
Estimated State Impact
FY 2025 FY 2026 FY 2027 FY 2028
Revenue $0 $0 $0 $0
Revenue Fund(s) None
Expenditures* $0 $629,000 $650,000 $669,000
Funding Source(s) Highway Fund
Appropriations* $0 $0 $0 $0
Funding Source(s) None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated State Impact
FY 2025
FY 2026
FY 2027
FY 2028
Revenue
$0
$0
$0
$0
Revenue Fund(s)
None
Expenditures*
$0
$629,000
$650,000
$669,000
Funding Source(s)
Highway Fund
Appropriations*
$0
$0
$0
$0
Funding Source(s)
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
METHODOLOGY:
This bill, assumed to be effective in FY 2026, will require the Department of Transportation to process, review and approve or deny any application for the proposed residential use of land that is classified as a major traffic generator and/or major entrance within 90 days of receiving a completed application. The Department receives approximately 1,500 driveway permit applications statewide per year and approximately 750 applications of those received have a residential component, of which about 100 would be considered residential major drives or major traffic generators. The Department states four (4) additional engineering staff will be required to comply with the requirements of this bill, as well as will require on-call consultant engineers:
The Department has provided the following cost estimates (it should be noted this bill provides neither authorization nor appropriation for new personnel):
Description FY 2026 FY 2027 FY 2028
Program Specialist III $96,000 $98,000 $101,000
Civil Engineer V $123,000 $129,000 $134,000
Civil Engineer V $123,000 $129,000 $134,000
Civil Engineer VI $137,000 $144,000 $150,000
Total Personnel Costs* $479,000 $500,000 $519,000
On-Call Consultant Engineers $150,000 $150,000 $150,000
Total Costs $629,000 $650,000 $669,000
Description
FY 2026
FY 2027
FY 2028
Program Specialist III
$96,000
$98,000
$101,000
Civil Engineer V
$123,000
$129,000
$134,000
Civil Engineer V
$123,000
$129,000
$134,000
Civil Engineer VI
$137,000
$144,000
$150,000
Total Personnel Costs*
$479,000
$500,000
$519,000
On-Call Consultant Engineers
$150,000
$150,000
$150,000
Total Costs
$629,000
$650,000
$669,000
* Assumes position start date of July 1, 2025.
AGENCIES CONTACTED:
Department of Transportation