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New Hampshire State Railroad Right-of-Way Use and Occupancy Agreement (3-NH-f)

A developer must obtain a State Railroad Right-of-Way Use and Occupancy Agreement from the New Hampshire Department of Transportation’s (“NHDOT”) Bureau of Rail and Transit to construct a project that crosses over or under a state railroad right-of-way. Utility Accommodation Manual, 76. The NHDOT Bureau of Rail and Transit may only grant a developer permission to cross a state railroad right-of-way if NDHOT determines that the use will not impact railroad operations. Utility Accommodation Manual, 75.



State Railroad Right-of-Way Use and Occupancy Agreement Process

3-NH-f.1 – Request to Cross State Railroad Right-of-Way

A developer must submit a written request (Request to Cross State Railroad Right-of-Way) to install facilities that cross, or are parallel to, a state railroad right-of-way to the NDHOT Bureau of Rail and Transit. Utility Accommodation Manual, 75. A complete Request to Cross State Railroad Right-of-Way (“Request”) must include, at minimum:

  • A photograph, location map, and plan or sketch of the area demonstrating property lines;
  • Copies of the Impacted Municipality’s Tax Maps;
  • Documents demonstrating ownership of the property adjacent to the state railroad right-of-way; and
  • A description of how the developer intends to use the land.

Utility Accommodation Manual, 75.

3-NH-f.2 to 3-NH-f.3 – Review Request Materials for Completeness

The NHDOT Bureau of Rail and Transit reviews the Request for administrative and technical completeness.

3-NH-f.4 to 3-NH-f.5 – Assess Request for Approval

The NHDOT Bureau of Rail and Transit assesses the Request to cross a state railroad right-of-way for approval.

3-NH-f.6 – Pay Required Fees

The developer must pay a one-time preparation fee and annual fee for the term of the agreement. Utility Accommodation Manual, 76. The developer should consult with the NHDOT Bureau of Rail and Transit to determine appropriate fee amounts. Utility Accommodation Manual, 76.

3-NH-f.7 to 3-NH-f.9 – Does NHDOT Prepare a Use and Occupancy Agreement?

If the NHDOT Bureau of Rail and Transit approves the request to cross a state railroad right-of-way, the NDHOT Bureau of Rail and Transit in coordination with the developer, prepares a State Railroad Right-of-Way Use and Occupancy Agreement. A developer must provide proof of insurance and indemnify the state of New Hampshire and Operating Railroad. Utility Accommodation Manual, 75. A complete Use and Occupancy Agreement contains the following information:

  • The names of the parties;
  • The name of the utility or company associated with the proposed project;
  • Supporting approved plans;
  • Signature of the NHDOT and the developer.

Utility Accommodation Manual, H-1.1 – H-1.5.

3-NH-f.10 – Appeal Decision (If Applicable)

Any person impacted by an NHDOT permit and/or license determination may file an appeal in New Hampshire superior court within 60 days following NHDOT issuing its determination. N.H. Rev. Stat. Ann. § 231:166.


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