New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 128:5 (2026)
Duties; Compensation
✓ current as of May 2026
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128:5 Duties; Compensation. –
The town health officer:
I. Shall enforce the public health laws and rules.
II. Shall make such sanitary investigations as may be directed by the local board of health, or as may be required by the department of health and human services.
III. May, upon reasonable information, personal knowledge or belief, in order to safeguard public health or to prevent pollution of any aquifer or body of water, enter upon private property, but not into any living quarters, to investigate and, if necessary, take appropriate action to prevent further pollution.
IV. Shall receive for the health officer's services the compensation fixed by the selectmen or the town, except as otherwise provided.
V. May, if duly appointed to serve any New Hampshire town, serve temporarily at the request of the governing body of any other New Hampshire town and may perform any lawful duties within that other town. For those duties performed at the request of such town, all compensation, expenses and liability coverage shall be incumbent upon the requesting town. For the purposes of this paragraph, "temporarily" means 30 calendar days or fewer.
The town health officer:
I. Shall enforce the public health laws and rules.
II. Shall make such sanitary investigations as may be directed by the local board of health, or as may be required by the department of health and human services.
III. May, upon reasonable information, personal knowledge or belief, in order to safeguard public health or to prevent pollution of any aquifer or body of water, enter upon private property, but not into any living quarters, to investigate and, if necessary, take appropriate action to prevent further pollution.
IV. Shall receive for the health officer's services the compensation fixed by the selectmen or the town, except as otherwise provided.
V. May, if duly appointed to serve any New Hampshire town, serve temporarily at the request of the governing body of any other New Hampshire town and may perform any lawful duties within that other town. For those duties performed at the request of such town, all compensation, expenses and liability coverage shall be incumbent upon the requesting town. For the purposes of this paragraph, "temporarily" means 30 calendar days or fewer.
Source. 1915, 27:4. PL 126:5. RL 148:5. RSA 128:5. 1985, 401:38. 1995, 310:181. 1997, 200:7. 2012, 15:1, eff. June 22, 2012.
Notes of Decisions
Cited in 1
case, 1985–1985 · leading case: United States v. Ottati & Goss, Inc., 630 F. Supp. 1361 (D.N.H. 1985).
United States v. Ottati & Goss, Inc., 630 F. Supp. 1361 (D.N.H. 1985). “RSA § 128:5 (1977). Therefore, not only does the Attorney General have the power to enforce all laws necessary to protect the environment and public health, he also has the authority to order the Department of Health and Welfare to assist him in investigations.”
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