Town Line Perambulation Law?

Nestled in the midst of New Hampshire’s state laws is a little-known provision dating back centuries, requiring that every seven years, selectmen of adjoining towns meet to “perambulate” or physically inspect town boundaries, finding and renewing any markers. Selectmen are granted the power to delegate the responsibility to “such persons as they appoint in writing”, and the results of the walk are meant to be filed in the official state archives.

The rule has its roots in the Colonial Laws of the Massachusetts Bay Colony, with citations as far back as 1651.

The version of the requirement currently on the books in New Hampshire has been largely unchanged since 1827, save for the elimination of a stiff $20 fine for failing to show up.

Similar statutes were once law in most of New England, with a five-year perambulation requirement in Maine only eliminated in 2003.

A bill that recently passed the New Hampshire Senate, SB 171, would repeal the seven-year requirement, instead stating that town lines are only walked in cases when selectmen deem it necessary. The bill is now being considered by the House.

Though still on the books, is the law being followed in practice? According to the New Hampshire Municipal Association, the answer to that is mixed. While most towns (88%) indicated they were aware of the law and had an office or official technically in charge of carrying it out, only 14% of towns could confirm that they had actually walked all town boundaries within the last seven years. A further 55% said they had walked some of the boundaries, and only 45% had filed any details of the results of the perambulation.

Supporters of repealing the perambulation law argue that it is unnecessary in an era of satellite imagery and high-tech mapping. They express concerns about town officials—some of whom might be elderly—safely accessing town borders which may lie through swamps or other hazards.

Opponents counter that some disputes over borders might best be settled by human eyes on traditional boundary markers, rather than GPS coordinates, or that boundary markers might need to be replaced or renewed if destroyed by time or weather. They also contend that perambulation of town boundaries is a unique regional tradition that the state should make an effort to maintain.

Should NH repeal a requirement that town selectmen perambulate town lines every seven years? Leave a comment below to join the discussion, and we'll present your thoughts to legislators considering this issue. Only comments from NH residents will be counted, so please indicate if you are from NH in your response.