Title LXIV, Planning and Zoning

I. (a) Notice shall be given for the time and place of each public hearing held under RSA 675:2-4 and RSA 675:6 at least 10 calendar days before the hearing. The notice required under this section shall not include the day notice is posted or the day of the public hearing. Notice…

All zoning ordinances, historic district ordinances, subdivision regulations, site plan review regulations, historic district regulations and their amendments shall be placed on file with the city, town, or village district clerk, or, in the case of unincorporated towns or unorga…

A copy of each master plan, zoning ordinance, historic district ordinance, capital improvement plan, subdivision regulation, historic district regulation, site plan review regulation or amendment which is adopted by a municipality shall be placed in a central file with the office…

Every local land use board shall adopt rules of procedure concerning the method of conducting its business. Rules of procedure shall be adopted at a regular meeting of the board and shall be placed on file with city, town, village district clerk, or clerk for the county commissio…

I. In municipalities which have established one or more historic districts pursuant to RSA 674:46, but which have no local zoning ordinances, the historic district commission shall have within the bounds of the historic district all the authority, powers and duties prescribed in …

I. The building inspector shall not issue any building permit within the 120 days prior to the annual or special town or village district meeting if: (a) Application for such permit is made after the first legal notice of proposed changes in the building code or zoning ordinance …

Whenever a local land use ordinance is enacted or a regulation is adopted which differs from the authority of an existing ordinance or other regulation, the provision which imposes the greater restriction or higher standard shall be controlling.

In case any building or structure or part thereof is or is proposed to be erected, constructed, altered, or reconstructed, or any land is or is proposed to be used in violation of this title or of any local ordinance or regulation adopted under this title, or of any provision or …

Any owner, or agent of the owner, of any land located within a subdivision in a municipality that has adopted subdivision regulations who transfers or sells any land before a plat of the subdivision has been approved by the planning board and filed with the appropriate recording …

I. Any person who violates any of the provisions of this title, or any local ordinance or regulation adopted under this title, or any provision or specification of any application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any l…

The code enforcement officer, zoning administrator or other official designated as an enforcement authority by ordinance or resolution of the local legislative body may issue a cease and desist order against any violation of this title, any local ordinance or regulation adopted u…

A local official with authority to prosecute an offense within the scope of RSA 676:17, and who, prior to or at the time of serving the summons, elects, pursuant to RSA 676:17, V, to charge the offense as a violation, may issue and serve upon the defendant, in addition to the sum…

I. A register of deeds who files or records a plat of a subdivision without the approval of a planning board shall be guilty of a misdemeanor. II. Notwithstanding the provisions of paragraph I, the register of deeds shall accept for recording a plat prepared and certified by a li…

I. An applicant seeking a local permit may petition 2 or more land use boards to hold a joint meeting or hearing when the subject matter of the requested permit is within the responsibilities of those land use boards. Each board shall adopt rules of procedure relative to joint me…

I. The local land use board shall issue a final written decision which either approves or disapproves an application for a local permit and make a copy of the decision available to the applicant. The decision shall include specific written findings of fact that support the decisi…

I. The procedures to be followed by the planning board when considering or acting upon a plat or application submitted to it for approval under this title shall be as set forth in the board's subdivision regulations, subject to the following requirements: (a) An application for a…

I. A subdivision plat, street plat, site plan or other approval which has been filed with the appropriate recording official under RSA 674:37 may not be revoked, in whole or in part, by the planning board, except pursuant to this section, and only under the following circumstance…

I. A planning board reviewing a subdivision plat, site plan, or other land use application may require the applicant to reimburse the board for expenses reasonably incurred by obtaining third-party review and consultation during the review process, provided that the review and co…

I. Appeals to the board of adjustment concerning any matter within the board's powers as set forth in RSA 674:33 may be taken by the applicant, an abutter as defined by RSA 672:3, or by any officer, department, board, or bureau of the municipality affected by any decision of the …

The effect of an appeal to the board shall be to maintain the status quo. An appeal of the issuance of any permit or certificate shall be deemed to suspend such permit or certificate, and no construction, alteration, or change of use which is contingent upon it shall be commenced…

I. Prior to exercising its appeals powers, the board of adjustment shall hold a public hearing. Notice of the public hearing shall be given as follows: (a) The appellant and every abutter and holder of conservation, preservation, or agricultural preservation restrictions shall be…

The historic district commission shall review applications for building permits within the historic district for their impact on the historic district and its objectives by: I. Requesting reports and recommendations regarding the feasibility of the applicant's proposal from the p…

I. The historic commission district shall file a certificate of approval or a notice of disapproval pursuant to RSA 676:8, III within 45 days after the filing of the application for the certificate, unless the applicant agrees to a longer period of time. II. No building permit sh…

Whenever a person or a municipality seeks a rehearing on or an appeal of a zoning-related order or decision, the procedures enacted under this chapter shall be followed.

All evidence transferred by the zoning board of adjustment or the local legislative body shall be, and all additional evidence received may be, considered by the court regardless of any technical rule which might have rendered the evidence inadmissible if originally offered in th…

The final judgment upon every appeal shall be a decree dismissing the appeal, or vacating the order or decision complained of in whole or in part, as the case may be; but, in case such order or decision is wholly or partly vacated, the court may also, in its discretion, remand th…

An order of court to send up the record may be complied with by filing either the original papers or duly certified copies thereof, or of such portions thereof as the order may specify, together with a certified statement of such other facts as show the grounds of the action appe…

The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with the referee's findings of fact and conclusions of law.

Costs shall not be allowed against the municipality unless it shall appear to the court that the zoning board of adjustment acted in bad faith or with malice or gross negligence in making the decision appealed from.

I. Any persons aggrieved by any decision of the planning board concerning a plat or subdivision may present to the superior court a petition, duly verified, setting forth that such decision is illegal or unreasonable in whole or in part and specifying the grounds upon which the s…

Any person aggrieved by a decision of the designated building code board of appeals may appeal the decision to the superior court for the county, and said court shall make such orders as justice may require.

Any person or persons jointly or severally aggrieved by a decision of the historic district commission shall have the right to appeal that decision to the zoning board of adjustment in accordance with the provisions of RSA 676:5 and RSA 677:1-14.

In municipalities which do not have a zoning board of adjustment, motions for rehearing and appeals from decisions of the historic district commission shall be governed by the applicable provisions of RSA 677:1-14.

Whenever an appeal to the superior court is initiated under this chapter and the court finds that the ordinance, or section thereof, upon which the board of adjustment, board of appeals, or local legislative body based its decision was invalid at the time such appeal was initiate…

Within 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning, the selectmen, any party to the action or proceedings, or an abutter as defined by RSA 672:3 may apply for a …

I. Whenever an appeal to the superior court is initiated under this chapter, the court may in its discretion require the person or persons appealing to file a bond with sufficient surety for such a sum as shall be fixed by the court to indemnify and save harmless the person or pe…

I. A motion for rehearing made under RSA 677:2 shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the zoning board of adjustment, a board of appeals, or the loca…

Any person aggrieved by any order or decision of the zoning board of adjustment or any decision of the local legislative body may apply, by petition, to the superior court within 30 days after the date upon which the board voted to deny the motion for rehearing; provided however,…

Any hearing by the superior court upon an appeal under RSA 677:4 shall be given priority on the court calendar.

In an appeal to the court, the burden of proof shall be upon the party seeking to set aside any order or decision of the zoning board of adjustment or any decision of the local legislative body to show that the order or decision is unlawful or unreasonable. All findings of the zo…

Any person whose rights may be directly affected by the outcome of the appeal may appear and become a party, or the court may order such persons to be joined as parties as justice may require.

Upon the filing of an appeal, the clerk of court shall issue a summons requiring a certified copy of the record appealed from to be filed with the court.

The filing of an appeal shall not stay any enforcement proceedings upon the decision appealed from, and shall not have the effect of suspending the decision of the zoning board of adjustment or local legislative body. However, the court, on application and notice, for good cause …

The general court hereby finds and declares that: I. New Hampshire has a rich history of neighbors helping neighbors and residents of municipalities actively participating and organizing themselves to take care of their fellow residents and improve their communities. It also serv…

In this chapter: I. "Board" means a community services and care planning board established under this chapter. II. "Community services master plan" or "CSMP" means an assessment of the availability, adequacy, and accessibility of the human services systems in each community and s…

I. The legislative body of any municipality may establish a community services and care planning board. II. The community services and care planning board shall consist of no fewer than 3 and no more than 9 members who shall be residents of the municipality, and appointed in a ma…