reglab/housing_qa huggingface dataset:
NH Rev Stat § 676:12 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 676 - Administrative and Enforcement Procedures|Section 676:12 - Building Permits to be Withheld in Certain Cases.

    676:12 Building Permits to be Withheld in Certain Cases. –||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 has been posted pursuant to the provisions of RSA 675:7; and||(b) The proposed changes in the building code or the zoning ordinance would, if adopted, justify refusal of such permit.||II. After final action has been taken on the proposed changes in the building code or zoning ordinance, the building inspector shall issue or refuse to issue a permit which has been held in abeyance under this section pursuant to a final action under this section.||III. The provisions of paragraph I shall not be applicable in a city or in a county in which there are located unincorporated towns or unorganized places unless the governing body of the city or the county votes by majority vote to be subject to the provisions of such paragraph.||IV. The building inspector may be authorized by the local legislative body to issue a temporary occupancy permit not to exceed 30 days, which may be extended at the discretion of the building inspector.||V. No building permit shall be denied on the grounds of uncompleted streets or utilities when the construction of such streets or utilities has been secured to the municipality by a bond or other security approved by the planning board pursuant to RSA 674:36, III or RSA 674:44, IV; provided, however, that on land which is part of a subdivision plat or site plan, no building shall be used or occupied prior to the completion of required streets and utilities, except upon such terms as the planning board may have authorized as part of its decision approving the plat or site plan.||VI. The provisions of paragraph I shall not apply to any plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) prior to the first legal notice of a proposed change in a building code or zoning ordinance or any amendment thereto. No proposed subdivision or site plan review or zoning ordinance or amendment thereto shall affect a plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) so long as said plat or application was the subject of notice prior to the first legal notice of said change or amendment. The provisions of this paragraph shall also apply to proposals submitted to a planning board for design review pursuant to RSA 676:4, II(b), provided that a formal application is filed with the planning board within 12 months of the end of the design review process.|||Source. 1983, 447:1. 1986, 200:1; 229:3. 1989, 266:31. 1991, 331:3. 2003, 134:1. 2006, 285:1. 2008, 229:1, eff. Aug. 19, 2008.|
NH Rev Stat § 676:13 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 676 - Administrative and Enforcement Procedures|Section 676:13 - Building Permits Restricted.

    676:13 Building Permits Restricted. –||I. The building inspector shall not issue any building or occupancy permit for any proposed construction, remodeling, or maintenance which will not comply with any or all zoning ordinances, building codes, or planning board regulations which are in effect.||II. If any building inspector is prosecuted for violation of RSA 643:1 and found guilty of issuing any permit contrary to the provisions of this section, it shall be prima facie evidence that the building inspector has knowingly refrained from performing a duty imposed on the building inspector by law.||III. The building inspector shall adopt a form or set of standards specifying the minimum contents of a completed application for any building permit. Upon the submission of a completed application, the building inspector shall act to approve or deny a building permit within 30 days; provided, however, that nonresidential applications or residential applications encompassing more than 10 dwelling units shall be approved or denied within 60 days.||IV. The time for the building inspector to act upon building permits for collocation applications and modification applications for personal wireless service facilities shall be governed by RSA 12-K:10. In the event that the form or set of standards for a building permit application conflicts with any of the limitations under RSA 12-K:11 for a collocation application or a modification application for a personal wireless service facility, the limitations in RSA 12-K:11 shall control.|||Source. 1983, 447:1. 1986, 150:1. 1996, 226:3. 2013, 267:11, eff. Sept. 22, 2013.|
NH Rev Stat § 676:14 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 676 - Administrative and Enforcement Procedures|Section 676:14 - Determination of Which Local Ordinance Takes Precedence.

    676:14 Determination of Which Local Ordinance Takes Precedence. –||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.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 676:15 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 676 - Administrative and Enforcement Procedures|Section 676:15 - Injunctive Relief.

    676:15 Injunctive Relief. –||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, code, or regulation adopted under this title, or of any provision or specification of an application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board acting under the authority of this title, the building inspector or other official with authority to enforce the provisions of this title or any local ordinance, code, or regulation adopted under this title, or the owner of any adjacent or neighboring property who would be specially damaged by such violation may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, alteration, or reconstruction.|||Source. 1983, 447:1. 1988, 19:5, eff. Jan. 1, 1989.|
NH Rev Stat § 676:16 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 676 - Administrative and Enforcement Procedures|Section 676:16 - Penalties for Transferring Lots in Unapproved Subdivisions.

    676:16 Penalties for Transferring Lots in Unapproved Subdivisions. –||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 official under RSA 674:35, II, shall forfeit and pay a civil penalty of $1,000 for each lot or parcel so transferred or sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The municipality may enjoin a transfer or sale which violates the provisions of this section and may recover the penalty imposed by civil action. In any action to recover a penalty, the prevailing party may recover reasonable court costs and attorney's fees as may be ordered by the court.|||Source. 1983, 447:1. 1997, 92:3, eff. Jan. 1, 1998.|
NH Rev Stat § 676:18 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 676 - Administrative and Enforcement Procedures|Section 676:18 - Register of Deeds.

    676:18 Register of Deeds. –||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 licensed land surveyor or by a former registered land surveyor if such plat bears a certificate by a licensed or registered land surveyor that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown. The recording of any such plat shall not relieve any owner from compliance with the provisions of this chapter.||II-a. Notwithstanding the provisions of paragraph I or II, the register of deeds may accept for recording a plat without the licensed land surveyor's seal if such plat was in existence on December 31, 1969, or if the plat has been incorporated into deeds or other instruments recorded before town zoning ordinances or planning board subdivision regulations, or both, became effective in that particular town.||III. The certificate by a licensed land surveyor shall be in the following form:||"I certify that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown."||Date: __________|____________________||||Licensed Land Surveyor||||SEAL|||||IV. Prior to recording any plat in the registry of deeds, the surveyor shall file, for information purposes only, a copy of the survey with the town planning board.||V. All decisions of the district, superior, and supreme courts, which affect property boundaries, shall be recorded by the register of deeds in the registry of deeds for the county in which the site is situated, and, upon recordation, such decision shall run with the land. Subsequent to any probate court decision creating divisions of land, a survey plat shall be prepared by a licensed land surveyor, which, if approved by the probate court, shall be recorded, along with the court's decision, at the registry of deeds without local planning board approval. The recording of such decision or plat, however, shall not be deemed to authorize any transfer or development of the property in violation of any applicable local land use regulations adopted pursuant to this title.|||Source. 1983, 447:1. 1985, 103:26. 1988, 233:2. 1989, 120:1, 2. 1990, 64:1, 2. 1995, 303:4, 5, eff. Jan. 1, 1996.|
NH Rev Stat § 676:19 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 676 - Administrative and Enforcement Procedures|Section 676:19 - Repealed by 1985, 103:27, eff. Jan. 1, 1986.

    676:19 Repealed by 1985, 103:27, eff. Jan. 1, 1986. –|
NH Rev Stat § 677:1 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:1 - Procedure.

    677:1 Procedure. –||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.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:2 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:2 - Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions.

    677:2 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions. –||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 any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor; and the board of adjustment, a board of appeals, or the local legislative body, may grant such rehearing if in its opinion good reason therefor is stated in the motion. This 30-day time period shall be counted in calendar days beginning with the date following the date upon which the board voted to approve or disapprove the application in accordance with RSA 21:35; provided however, that if the moving party shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 5 business days after the vote pursuant to RSA 676:3, II, the person applying for the rehearing shall have the right to amend the motion for rehearing, including the grounds therefor, within 30 days after the date on which the written decision was actually filed. If the decision complained against is that made by a town meeting, the application for rehearing shall be made to the board of selectmen, and, upon receipt of such application, the board of selectmen shall hold a rehearing within 30 days after receipt of the petition. Following the rehearing, if in the judgment of the selectmen the protest warrants action, the selectmen shall call a special town meeting.|||Source. 1983, 447:1. 1988, 131:4. 1994, 116:1. 1995, 243:3. 2000, 144:2. 2005, 105:1. 2009, 266:2, eff. Sept. 14, 2009.|
NH Rev Stat § 677:3 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:3 - Rehearing by Board of Adjustment, Board of Appeals, or Local Legislative Body.

    677:3 Rehearing by Board of Adjustment, Board of Appeals, or Local Legislative Body. –||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 local legislative body shall be taken unless the appellant shall have made application for rehearing as provided in RSA 677:2; and, when such application shall have been made, no ground not set forth in the application shall be urged, relied on, or given any consideration by a court unless the court for good cause shown shall allow the appellant to specify additional grounds.||II. Upon the filing of a motion for a rehearing, the board of adjustment, a board of appeals, or the local legislative body shall within 30 days either grant or deny the application, or suspend the order or decision complained of pending further consideration. Any order of suspension may be upon such terms and conditions as the board of adjustment, a board of appeals, or the local legislative body may prescribe. If the motion for rehearing is against a decision of the local legislative body and if the selectmen, as provided in RSA 677:2, shall have called a special town meeting within 25 days from the receipt of an application for a rehearing, the town shall grant or deny the same or suspend the order or decision complained of pending further consideration; and any order of suspension may be upon such terms and conditions as the town may prescribe.|||Source. 1983, 447:1. 1988, 131:5. 1994, 116:2, eff. July 10, 1994.|
NH Rev Stat § 677:4 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:4 - Appeal From Decision on Motion for Rehearing.

    677:4 Appeal From Decision on Motion for Rehearing. –||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, that if the petitioner shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 5 business days after the vote pursuant to RSA 676:3, II, the petitioner shall have the right to amend the petition within 30 days after the date on which the written decision was actually filed. The petition shall set forth that such decision or order is illegal or unreasonable, in whole or in part, and shall specify the grounds upon which the decision or order is claimed to be illegal or unreasonable. For purposes of this section, "person aggrieved" includes any party entitled to request a rehearing under RSA 677:2.|||Source. 1983, 447:1. 1994, 116:3. 1995, 243:4. 1996, 43:3. 2000, 144:3. 2009, 266:3, eff. Sept. 14, 2009.|
NH Rev Stat § 677:5 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:5 - Priority.

    677:5 Priority. –||Any hearing by the superior court upon an appeal under RSA 677:4 shall be given priority on the court calendar.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:6 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:6 - Burden of Proof.

    677:6 Burden of Proof. –||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 zoning board of adjustment or the local legislative body upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said order or decision is unreasonable.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:7 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:7 - Parties in Interest.

    677:7 Parties in Interest. –||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.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:8 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:8 - Filing Certified Record.

    677:8 Filing Certified Record. –||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.|||Source. 1983, 447:1. 2014, 204:45, eff. July 11, 2014.|
NH Rev Stat § 677:9 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:9 - Restraining Order.

    677:9 Restraining Order. –||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 shown, may grant a restraining order.|||Source. 1983, 447:1. 1995, 243:5, eff. Jan. 1, 1996.|
NH Rev Stat § 677:10 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:10 - Evidence; How Considered.

    677:10 Evidence;  How Considered. –||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 the trial of an action at law.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:11 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:11 - Judgment.

    677:11 Judgment. –||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 the matter to the zoning board of adjustment or local legislative body for such further proceedings, not inconsistent with the decree, as justice may require.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:12 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:12 - Appeals to Court: Certifying Record.

    677:12 Appeals to Court:  Certifying Record. –||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 appealed from.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:13 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:13 - Hearing.

    677:13 Hearing. –||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.|||Source. 1983, 447:1. 1995, 243:6, eff. Jan. 1, 1996.|
NH Rev Stat § 677:14 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:14 - Costs.

    677:14 Costs. –||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.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:16 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:16 - Court Review.

    677:16 Court Review. –||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.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|
NH Rev Stat § 677:17 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:17 - Appeal When Zoning Ordinance Exists.

    677:17 Appeal When Zoning Ordinance Exists. –||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.|||Source. 1983, 447:1. 1987, 256:6, eff. July 17, 1987.|
NH Rev Stat § 677:18 (2021)
2021 New Hampshire Revised Statutes|Title LXIV - Planning and Zoning|Title 677 - Rehearing and Appeal Procedures|Section 677:18 - Appeal When no Zoning Ordinance Exists.

    677:18 Appeal When no Zoning Ordinance Exists. –||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.|||Source. 1983, 447:1, eff. Jan. 1, 1984.|