HB1098

It only makes sense for municipalities to continue in this way; Local knowledge is best!

Dear Chair and Members of the Committee, I write in strong support of HB 1098, which gives municipalities the clear legal authority to consider road maintenance, public safety, and municipal liability when issuing building or occupancy permits for properties located on Class VI highways. This bill is about honesty, safety, and responsible local governance. Class VI roads are, by definition, not maintained by municipalities. They are often narrow, unpaved, seasonally impassable, and not designed for year-round residential access, emergency vehicles, school buses, or utility service. Yet under current law, towns can be forced into approving development on these roads even when they cannot safely serve it — and then left exposed to pressure, litigation, or moral responsibility when something goes wrong. HB 1098 fixes that. It does not ban development. It does not confiscate property. It simply restores the right of towns to make informed, public, transparent decisions about whether construction is appropriate on a road that the town does not maintain and for which it does not accept liability. Just as important, HB 1098 protects future homeowners. Buyers deserve to know whether their access road will be plowed in winter, whether fire trucks can reach their home, and whether the town is legally responsible for keeping the road open. This bill requires that such limitations be recorded in the Registry of Deeds, ensuring full disclosure and preventing people from being sold homes under false assumptions. That is good government. HB 1098 also protects taxpayers. Without this authority, towns face increasing pressure to upgrade Class VI roads after development occurs — turning what was once a private access way into a de facto public obligation. This bill prevents that kind of unfunded mandate and keeps infrastructure decisions where they belong: in the hands of local voters and officials. In short, HB 1098 balances property rights with public safety, fiscal responsibility, and basic fairness. It ensures that growth happens in places that can actually support it. I respectfully urge the Committee to recommend Ought to Pass. Sincerely, David John Preece State Representative, Hillsborough District 17