Chapter 102: Scenic Roads

[HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2020-14 dated December 7,  2020].

Article I
Adoption

102.1  Scenic Roads Established.  

The four roads listed below have been established as scenic roads.  Additional scenic roads may be established in the future in accordance with RSA 231:157.

• Bay Road (established 1996)
• Bennett Road (established 1971)
• Dame Road (established 2023)
• Durham Point Road (established 1972)
• Packers Falls Road (established 1971)
  Section 102.1 amended by Ord. #2023-04 dated 6/5/23

Article II
General Provisions

102-2.  Procedures for review of activity on scenic roads. 

Proposed activity on scenic roads shall be reviewed in accordance with RSA 231:158.  The Planning Board is designated as the body to review such proposed activity and may establish policies for such review in accordance with applicable statutes.

102-3.  Public Nuisance Trees. 

When there is a determination that any tree situated within the right of way of a scenic road: a) is dead; or b) is in poor condition and significantly declining without any reasonable likelihood of it regaining vitality, the Durham Tree Warden in consultation with the Town Administrator may declare the tree a public nuisance by reason of danger to the traveling public or spread of tree disease.  After such a declaration, the designated trees may be removed in accordance with RSA 231:145 and 231:146.  

102-4.  Trees presenting an imminent hazard to life or property. 

Whenever a tree presents an imminent hazard to life or property, that tree may be removed, cut, or trimmed without further review provided the determination is made by the Durham Tree Warden in consultation with the Town Administrator and a qualified arborist or forester.  Consultation with a qualified arborist or forester is not required if the Tree Warden is an arborist or forester.  Prior to removing, cutting or trimming such a tree the Durham Tree Warden or their designee shall make a good faith effort to contact the owner of the property on which the tree is located as far in advance as possible and inform the owner of plans to remove, cut, or trim the tree and inquire whether the owner wishes to keep the wood once it is cut.  In the case of an extreme hazard to life or property the Town Administrator may authorize the immediate removal, cutting, or trimming of the tree without any notice.  In that event the Durham Tree Warden or their designee shall contact the owner of the property on which the tree is located at their earliest opportunity following removal of the tree to inquire as to the owner’s desire to retain the wood.

This provision is adopted in accordance with 231:158.