Some states are “open range” or a “fence out” states, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. But some state legislatures have enacted statutes known as "stock laws" that modify the common law (rules contained in court opinions written by judges) and prohibit owners from allowing animals to run at large.
New Hampshire is not an 'open range' or 'fence out' state. Instead, it requires livestock owners to take reasonable care to prevent their animals from running at large, which includes getting onto roadways. New Hampshire has enacted 'stock laws' that obligate owners to confine their livestock. Specifically, under New Hampshire Revised Statutes Annotated (RSA) 635:1, it is a misdemeanor if a person allows their livestock to run at large on public highways or lands without proper permission. Additionally, RSA 466:31 states that fences are required to be maintained by the owner or keeper of the livestock to prevent animals from straying. Failure to comply with these laws can result in legal liability for the owner, including potential damages if the livestock cause accidents or damage on public roadways.