Title LXIV, Planning and Zoning

I. Any zoning ordinance adopted pursuant to RSA 674:16 shall provide that the board of adjustment created under a local zoning ordinance and having the power to make variances or exceptions in zoning regulations shall have the further power, in specific cases and by vote of a maj…

In any municipality, other than a town, in which there is no zoning board of adjustment, the local legislative body, until such time as a board of adjustment may be appointed as a result of the adoption of a zoning ordinance, shall have the same powers as a board of adjustment to…

Before taking any action authorized in RSA 674:13, 674:14, and 674:41, the zoning board of adjustment or the legislative body according to whichever of them is designated by ordinance as the body to which zoning appeals may be made, shall give a hearing at which parties in intere…

I. For the purpose of promoting the health, safety, or the general welfare of the community, the local legislative body of any city, town, or county in which there are located unincorporated towns or unorganized places is authorized to adopt or amend a zoning ordinance under the …

I. In this section: (a) "Residential use" means lands, buildings, or structures, or portions thereof, used, designed, or intended for non-transient occupancy. (b) "On-site parking requirements" means the required number of on-site parking spaces, the maximum distance of the parki…

I. Every zoning ordinance shall be adopted in accordance with the requirements of RSA 674:18. Zoning ordinances shall be designed: (a) To lessen congestion in the streets; (b) To secure safety from fires, panic and other dangers; (c) To promote health and the general welfare; (d)…

The local legislative body may adopt a zoning ordinance under RSA 674:16 only after the planning board has adopted the mandatory sections of the master plan as described in RSA 674:2, I and II.

I. Any non-charter town, village district, or county in which are located unincorporated places, may adopt the provisions of this section by placing the question on the warrant of a special or annual meeting, by the governing body or by petition pursuant to RSA 39:3, or otherwise…

A zoning ordinance adopted under RSA 674:16 shall not apply to existing structures or to the existing use of any building. It shall apply to any alteration of a building for use for a purpose or in a manner which is substantially different from the use to which it was put before …

I. The purpose of the master plan is to set down as clearly and practically as possible the best and most appropriate future development of the area under the jurisdiction of the planning board, to aid the board in designing ordinances that result in preserving and enhancing the …

In order to accomplish any or all of the purposes of a zoning ordinance enumerated under RSA 674:17, the local legislative body may divide the municipality into districts of a number, shape and area as may be deemed best suited to carry out the purposes of RSA 674:17. The local l…

I. Innovative land use controls may include, but are not limited to: (a) Timing incentives. (b) Phased development. (c) Intensity and use incentive. (d) Transfer of density and development rights. (e) Planned unit development. (f) Cluster development. (g) Impact zoning. (h) Perfo…

Any open space designation or other development restriction which is part of a cluster development, planned unit development, village plan alternative subdivision, or other proposal approved under innovative land use controls, or which is lawfully imposed by a local land use boar…

I. Municipalities shall not limit maximum road length so as to impede development, provided that the proposed roadway or extension thereof fully complies with the state fire code. II. Municipalities shall not impose a cap on the number of housing lots on a dead-end road or street…

I. The local legislative body may further exercise the powers granted under this subdivision to regulate and control the timing of development. Any ordinance imposing such a control may be adopted only after preparation and adoption by the planning board of a master plan and a ca…

I. Upon recommendation of the planning board, the local legislative body may adopt or amend an ordinance establishing a moratorium or limitation on the issuance of building permits or the granting of subdivision or site plan approval for a definite term. II. An ordinance may be a…

There is established a commission to study the historical evolution of New Hampshire's zoning enabling act, currently codified at RSA 674:16. The legislative intent is to study the evolution of the New Hampshire Zoning Enabling Act as it turns 100 this year. The goal is to see ho…

When used in this subdivision the following terms shall have the meanings given to them in this section: I. "Frontage" means that portion of a lot bordering on a highway, street or right-of-way. II. "Lot" means a parcel of land at least sufficient in size to meet the minimum requ…

For the purpose of regulating the use of land and the location and construction of buildings, any town adopting the provisions of an interim zoning ordinance shall be considered as one district with the following regulations and restrictions: I. It shall be a district of resident…

"Agricultural use" shall mean land used for agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, silviculture and animal and poultry husbandry. Any such uses are permitted under an interim zoning ordinance except as restricted below: I. The slaughter…

Business, commercial or industrial ventures other than those mentioned in RSA 674:25 or 674:26 may be given special exception by the board of adjustment upon submission and approval of a site plan; provided, however, that the following regulations and restrictions shall be observ…

I. All nonconforming properties in active use when an interim ordinance is passed and adopted may continue indefinitely in their present use. II. Any and all nonconforming property may be altered and expanded as the business and conditions warrant; providing, however, that any su…

In any town in which an interim zoning ordinance has been adopted, and while it remains in effect, the board of selectmen shall be the appointing authority for the zoning board of adjustment and shall appoint the first such board forthwith, upon the adoption of interim zoning. Su…

I. In preparing, revising, or amending the master plan, the planning board may make surveys and studies, and may review data about the existing conditions, probable growth demands, and best design methods to prevent sprawl growth in the community and the region. The board may als…

Local ordinances and regulations enacted pursuant to this title shall apply to public utility structures, provided, however, that: I. Notwithstanding the provisions of any such ordinance or regulation, a planning board, or its designee pursuant to paragraph II, upon application b…

As used in this subdivision, "manufactured housing" means any structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is buil…

As used in this subdivision, "presite built housing" means any structure designed primarily for residential occupancy which is wholly or in substantial part made, fabricated, formed or assembled in off-site manufacturing facilities in conformance with the United States Department…

I. (a) Municipalities shall afford reasonable and realistic opportunities for the siting of manufactured housing as required in subparagraph (b) and a municipality shall not exclude manufactured housing completely from the municipality by regulation, zoning ordinance or by any ot…

In accordance with RSA 672:1, III-d, whenever agricultural operations or activities as defined in RSA 21:34-a are not explicitly addressed with respect to any zoning district or location, such operations or activities shall be deemed to be permitted there, as either a primary or …

Any agricultural use or activity which exists pursuant to RSA 674:32-a may without restriction be expanded, altered to meet changing technology or markets, or changed to another agricultural use or activity, as set forth in RSA 21:34-a, so long as any such expansion, alteration, …

I. The tilling of soil and the growing and harvesting of crops and horticultural commodities, as a primary or accessory use, shall not be prohibited in any district. II. Nothing in this subdivision, or in RSA 674:32-b, shall exempt new, re-established, or expanded agricultural op…

Agritourism, as defined in RSA 21:34-a, shall not be prohibited on any property where the primary use is for agriculture, subject to RSA 674:32-b, II.

I. (a) The zoning board of adjustment shall have the power to: (1) Hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance adopted pursuant to RSA 6…

I. When a lot or other division of land, or structure thereupon, is discovered to be in violation of a physical layout or dimensional requirement imposed by a zoning ordinance enacted pursuant to RSA 674:16, the zoning board of adjustment shall, upon application by and with the b…

I. A municipality may by ordinance or resolution authorize the planning board to require preliminary review of subdivisions, and to approve or disapprove, in its discretion, plats, and to approve or disapprove plans showing the extent to which and the manner in which streets with…

I. Before the planning board exercises its powers under RSA 674:35, the planning board shall adopt subdivision regulations according to the procedures required by RSA 675:6. II. The subdivision regulations which the planning board adopts may: (a) Provide against such scattered or…

After the certificate of notice referred to in RSA 674:35, II and the regulations referred to in RSA 674:36 have been filed with the appropriate recording officials, no plat shall be filed or recorded unless it is prepared and certified by a licensed land surveyor since July 1, 1…

The collection of taxes with respect to land being subdivided shall be governed by the following provisions: I. If approval of a subdivision plat has been granted on or before April 1 of a particular tax year, giving the owner a legal right to sell or transfer the lots, parcels o…

Every plat approved by the planning board shall, by virtue of the board's approval, be deemed to be an amendment of or an addition to or a detail of the official map. Every approved plat shall be a part of the official map. Approval of a plat shall not be deemed to constitute or …

I. Every subdivision plat approved by the planning board and properly recorded in the registry of deeds and every site plan approved by the planning board and properly recorded in the registry of deeds, if recording of site plans is required by the planning board or by local regu…

I. Any owner of 2 or more contiguous preexisting approved or subdivided lots or parcels who wishes to merge them for municipal regulation and taxation purposes may do so by applying to the planning board or its designee. Except as set forth in paragraphs II and III, all such requ…

I. In this section: (a) "Involuntary merger" and "involuntarily merged" mean lots merged by municipal action for zoning, assessing, or taxation purposes without the consent of the owner. (b) "Owner" means the person or entity that holds legal title to the lots in question, even i…

The planning board may, according to the procedures required under RSA 675:6, adopt the master plan as a whole, or may adopt successive sections or parts of the plan. Sections or parts of the plan shall correspond with major geographical sections or divisions of the municipality,…

I. A municipality which has established and recorded an official map, as provided in RSA 674:10, or has conferred upon a planning board platting jurisdiction in accordance with RSA 674:35 shall not thereafter accept, lay out, open, improve, grade, pave, or light any street or lay…

I. Notwithstanding RSA 674:40, a municipality with the town meeting form of government, which has conferred upon a planning board platting jurisdiction in accordance with RSA 674:35, may, by majority vote at an annual or special meeting, under an article in the warrant inserted b…

I. From and after the time when a planning board shall expressly have been granted the authority to approve or disapprove plats by a municipality, as described in RSA 674:35, no building shall be erected on any lot within any part of the municipality nor shall a building permit b…