RAPID/BulkTransmission/New Hampshire/Land Access

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New Hampshire Bulk Transmission Land Access(3-NH)

In New Hampshire, if a project crosses state land, a bulk transmission developer may need to submit a request to purchase or lease state land to the appropriate state land management agency. Thereafter, the appropriate state land management agency must obtain permission from the New Hampshire Council on Resources and Development to lease state land. In addition, a developer may need a number of state highway encroachment permits, including an Excavation Permit, Encroachment Permit, Pole License, and/or a Use and Occupancy Agreement from the New Hampshire Department of Transportation.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

Permitting at a Glance

New Hampshire Federal

State Land Right-of-Way: Any person may need approval in order to purchase or lease state land. N.H. Rev. Stat. § 4:40
State Land Right-of-Way Agency: New Hampshire Council on Resources and Development, State agency with jurisdiction over the land
State Highway Right-of-Way: Any person may need an Excavation Permit, Encroachment Permit, Pole License and/or a Use and Occupancy Agreement to erect poles, structures, conduits, cables or wires in a state highway right-of-way or railway right-of-way. N.H. Rev. Stat. Ann. § 231:161, Utility Accommodation Manual, 66 - 75.
State Highway Right-of-Way Agency: New Hampshire Department of Transportation
Eminent Domain: Public utilities only have the power of eminent domain when given permission by the New Hampshire Public Utilities Commission. N.H. Rev. Stat. Ann. § 371:1. “Public utilities” are defined as “corporations, companies, associations, joint stock associations, partnerships, or persons…owning, operating, or managing any plant or equipment…for generation, transmission, or sale of electricity ultimately sold to the public.” N.H. Rev. Stat. Ann. § 362:2.