Title LXIV, Planning and Zoning

There is hereby established a housing appeals board, hereinafter referred to as the board, which shall be composed of 2 members who shall individually and collectively be learned and experienced in questions of land use law or housing development or both. At least one member shal…

The housing appeals board shall be administratively attached to the board of tax and land appeals for budgetary and administrative purposes, in accordance with RSA 21-G:10. Staff for each board may provide support for either board, as is deemed necessary by each board.

Nonattorneys, including professional engineers, architects, and land surveyors, may represent any party before the board. Nothing in this section shall prevent the board from denying representation by any individual it deems to be improper, inappropriate, or unable to adequately …

The board's deliberative processes in adjudicatory proceedings held pursuant to RSA 541-A shall be exempt from the public meeting and notice provisions of RSA 91-A. Decisions and orders in adjudicatory proceedings shall be publicly available, but only after they have been reduced…

The board may adopt rules under RSA 541-A necessary for carrying out its functions including but not limited to rules of procedure to be followed in hearings conducted by it not inconsistent with the provisions of this chapter.

The board shall have authority to administer oaths and to compel the attendance of witnesses to proceedings before it. The board shall have the power to subpoena and subpoena duces tecum. Witnesses compelled to appear shall be paid the same fee and mileage that are paid to witnes…

The board shall serve notice in writing of the time, place, and cause of any hearing upon all parties at least 20 days prior to the date of the hearing.

Decisions of the board may be appealed to the supreme court by any party in accordance with the provisions of RSA 541 as from time to time amended.

After a decision of the board becomes final, the board shall, at the request of any party, file a certified abstract thereof in the Merrimack county superior court. The clerk of said court shall forthwith enter judgment thereon and such judgment may be enforced as with any final …

The board shall have such clerical, administrative, and technical staff as may be necessary within the limits of the appropriation made therefor.

The board shall be provided with an office in Concord in which its records, documents, and books shall be kept, and with a suitable room in which it may hold hearings.

Neglect or failure on the part of any municipality to comply with such orders shall be deemed willful neglect of duty, and it shall be subject to the penalties and damages provided by law in such cases.

The members of the housing appeals board shall serve at the pleasure of the governor and council, rather than fixed terms. The governor and council shall appoint board members and designate one member as chair, who shall serve in that capacity at the discretion of the appointing …

Any member may be removed by the same authority for inefficiency, neglect of duty, or malfeasance in office; but, before removal, the member shall be furnished with a copy of the charges and have an opportunity to be heard in defense.

Each member of the board shall receive the annual salary prescribed by RSA 94:1-a and reasonable expenses, including transportation, subject to the approval of the governor and council.

I. It shall be the duty of the board and it shall have power and authority to hear and affirm, reverse, or modify, in whole or in part, appeals of final decisions of municipal boards, committees, and commissions regarding questions of housing and housing development. This include…

I. Appeals shall be filed with the board within 30 days of the final decision of a municipal board, committee, or commission. At the same time an appeal is filed with the board, the applicant shall notify the municipal board, committee, or commission of such appeal. II. The munic…

I. In matters within its authority the board shall have concurrent, appellate jurisdiction with the superior court. An election by any party to bring an action before the board shall be deemed a waiver of any right to bring an action in the superior court, but shall not abrogate …

I. In all matters a majority of the board shall constitute a quorum to transact business. II. No member of the board shall represent a party or testify as an expert witness or render any professional service for any party or interest before the board, and any member having an int…

I. Appeals to the board shall be consistent with appeals to the superior court pursuant to RSA 677:4 through RSA 677:16. Appeals shall be on the certified record, and except in such cases as justice may warrant, in the sole discretion of the board, no additional evidence will be …

In the event of a tie vote between the 2 members of the housing appeals board, a third, temporary voting member shall be selected from among the sitting members of the board of tax and land appeals, who shall cast the deciding vote on the matter. The selection shall be made in ro…