reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:39-aa - Restoration of Involuntarily Merged Lots.

674:39-aa Restoration of Involuntarily Merged Lots. –
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 if such person or entity did not hold legal title at the time of the involuntary merger.
(c) "Voluntary merger" and "voluntarily merged" mean a merger under RSA 674:39-a, or any overt action or conduct that indicates an owner regarded said lots as merged such as, but not limited to, abandoning a lot line.
II. Lots or parcels that were involuntarily merged prior to September 18, 2010 by a city, town, county, village district, or any other municipality, shall at the request of the owner, be restored to their premerger status and all zoning and tax maps shall be updated to identify the premerger boundaries of said lots or parcels as recorded at the appropriate registry of deeds, provided:
(a) The request is submitted to the governing body.
(b) No owner in the chain of title voluntarily merged his or her lots. If any owner in the chain of title voluntarily merged his or her lots, then all subsequent owners shall be estopped from requesting restoration. The municipality shall have the burden of proof to show that any previous owner voluntarily merged his or her lots.
III. All decisions of the governing body may be appealed in accordance with the provisions of RSA 676.
IV. Any municipality may adopt local ordinances, including ordinances enacted prior to the effective date of this section, to restore previously merged properties that are less restrictive than the provisions in paragraph I and II.
V. The restoration of the lots to their premerger status shall not be deemed to cure any non-conformity with existing local land use ordinances.
VI. Municipalities shall post a notice informing residents that any involuntarily merged lots may be restored to premerger status upon the owner's request. Such notice shall be posted in a public place no later than January 1, 2012 and shall remain posted through December 31, 2016. Each municipality shall also publish the same or similar notice in its 2011 through 2015 annual reports.
Source.
2011, 206:4, eff. July 24, 2011. 2016, 327:2, eff. Aug. 23, 2016. 2021, 136:1, eff. Sept. 21, 2021.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:40 - Improvements in Unapproved Streets.

674:40 Improvements in Unapproved Streets. –
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 or authorize the laying of water mains, sewers, connections, or other facilities or utilities in any street, within any portion of the municipality unless such street:
(a) Has been accepted or opened as, or has otherwise received the legal status of, a public street prior to the conferring of platting jurisdiction upon the planning board; or
(b) Corresponds in its location and lines with a street shown on the official map, or with a street shown on a subdivision plat approved by the planning board, or with a street on a street plat made by and adopted by the board.
II. For the purposes of this section, the word "street" shall not mean or include a discontinued highway.
III. The local legislative body may, however, accept, locate and construct any street not shown on or not corresponding with a street on the official map or on an approved subdivision plat or an approved street plat, provided the ordinance or other measure for the accepting, locating, and construction of such street is first submitted to the planning board for its approval and:
(a) If approved by the board, be approved by a majority vote of those present and voting at a regular or special meeting of the local legislative body; or
(b) If disapproved by the planning board, be approved by not less than
2/3 of those present and voting at a regular or special meeting of the local legislative body.
IV. A street approved under paragraph III shall have the status of an approved street as though it had been originally shown on the official map or on a subdivision plat approved by the planning board or as though it had been originally platted by the planning board.
Source.
1983, 447:1. 1989, 266:19. 1998, 344:5, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:40-a - Delegation of Authority to Accept Dedicated Streets.

674:40-a Delegation of Authority to Accept Dedicated Streets. –
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 by the local governing body, or by petition, delegate to the local governing body the authority to accept dedicated streets. Such a delegation may be rescinded by the municipality in the same manner.
II. If such a delegation is made, the local governing body may vote to accept any dedicated street only if the street corresponds in its location and lines with a street shown on a subdivision plat or site plan approved by the planning board, or on the official map, or on a street plat made and adopted by the board. A street which has not received such prior planning board approval shall not be accepted without a vote of the local legislative body pursuant to RSA 674:40, III.
III. The local governing body shall hold a public hearing on the proposed acceptance prior to taking action.
IV. A street accepted under this section shall have the status of a public highway under RSA 229:1. Such street shall be deemed a class V highway, subject to the municipality's duty of regular maintenance as set forth in RSA 231, unless otherwise designated pursuant to statute.
V. In this section, "dedicated street" means a street which has been dedicated to public use under the New Hampshire common law of dedication.
Source.
1993, 80:1, eff. June 22, 1993.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:42 - Status of Existing Platting Statutes.

674:42 Status of Existing Platting Statutes. –
After a planning board is granted platting jurisdiction by a municipality under RSA 674:35, the planning board's jurisdiction shall be exclusive, except to the extent that the municipality has transferred authority to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved from the planning board to the governing body pursuant to RSA 674:35, I. All statutory control over plats or subdivisions of land granted by other statutes shall be given effect to the extent that they are in harmony with the provisions of this title. The planning board shall have all statutory control over plats or subdivisions of land. Prior laws which are inconsistent with the powers granted to the planning board and the municipality under this title, and which have expressly by ordinance been adopted by a municipality and made available to a planning board according to the provisions of this title, are hereby declared to have no application, force or effect so long as the powers conferred by this title shall continue to be exercised by a municipality.
Source.
1983, 447:1. 2014, 125:3, eff. Aug. 15, 2014.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-a - Heritage Commission.

674:44-a Heritage Commission. –
A heritage commission may be established in accordance with RSA 673 for the proper recognition, use, and protection of resources, tangible or intangible, primarily man-made, that are valued for their historic, cultural, aesthetic, or community significance within their natural, built, or cultural contexts.
Source.
1992, 64:2, eff. June 19, 1992.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-b - Powers.

674:44-b Powers. –
I.
Generally. Heritage commissions shall have advisory and review authority, specifically, as follows:
(a) Survey and inventory all cultural resources.
(b) Conduct research and publish findings, including reports to establish the legal basis for a district and preparation of historic district ordinances within the municipality prior to its adoption or amendment as provided in RSA 675:6.
(c) Assist the planning board, as requested, in the development and review of those sections of the master plan which address cultural and historic resources.
(d) Advise, upon request, local agencies and other local boards in their review of requests on matters affecting or potentially affecting cultural and historic resources.
(e) Coordinate activities with appropriate service organizations and nonprofit groups.
(f) Publicize its activities.
(g) Hire consultants and contractors as needed.
(h) Receive gifts of money and property, both real and personal, in the name of the city or town, subject to the approval of the city council in a city or the board of selectmen in a town, such gifts to be managed and controlled by the commission for its proper purposes.
(i) Hold meetings and hearings necessary to carry out its duties.
II.
Property. The commission may acquire, in the name of the town or city, subject to the approval of the local governing body, by gift, purchase, grant, bequest, devise, lease, or otherwise, a fee or lesser interest, development rights, covenant, or other contractual right, including conveyances with conditions, limitations, or reversions, as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly use the cultural resources of the city or town, and shall manage and control the same; provided, however, that the city, town, or commission shall not have the right to condemn property for these purposes.
III.
Historic District Commission. Heritage commissions also may assume, if authorized by the local legislative body, the composition and duties of historic district commissions.
Source.
1992, 64:2. 1993, 32:1. 1995, 138:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-c - Separate Commissions.

674:44-c Separate Commissions. –
A municipality may choose to maintain a separate and distinct heritage commission and historic district commission. In such cases, the heritage commission shall serve in an advisory capacity to the historic district commission as well as to the planning board and other local boards and residents.
Source.
1992, 64:2, eff. June 19, 1992.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-d - Appropriations Authorized.

674:44-d Appropriations Authorized. –
I. A town or city, having established a heritage commission under this subdivision, may appropriate money as deemed necessary to carry out its purposes. The whole or any part of money so appropriated in any year and any gifts of money received pursuant to RSA 674:44-b shall be placed in a heritage fund and allowed to accumulate from year to year. Money may be expended from such fund by the heritage commission for its purposes without further approval of the local legislative body.
II. The town treasurer, pursuant to RSA 41:29, shall have custody of all moneys in the heritage fund and shall pay out the same only upon order of the heritage commission. The disbursement of heritage funds shall be authorized by a majority of the heritage commission. Prior to the use of such funds for the purchase of any interest in real property, the heritage commission shall hold a public hearing with notice in accordance with RSA 675:7.
Source.
1992, 64:2. 1993, 32:3, eff. June 7, 1993.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-e - Agricultural Commission.

674:44-e Agricultural Commission. –
An agricultural commission may be established in accordance with RSA 673 for the proper recognition, promotion, enhancement, encouragement, use, management, and protection of agriculture and agricultural resources, tangible or intangible, that are valued for their economic, aesthetic, cultural, historic, or community significance within their natural, built, or cultural contexts. The word "agriculture" shall include the entirety of RSA 21:34-a, which is the definition of farm, agriculture, and farming.
Source.
2007, 266:1, eff. Aug. 28, 2007.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-f - Powers.

674:44-f Powers. –
Agricultural commissions shall have advisory and review authority and other duties as follows:
I. Survey and inventory all agricultural resources.
II. Conduct activities to recognize, promote, enhance, and encourage agriculture, agricultural resources, and agricultural-based economic opportunities.
III. Assist the planning board, as requested, in the development and review of those sections of the master plan which address agricultural resources.
IV. Advise, upon request, local agencies and other local boards in their review of requests on matters affecting or potentially affecting agricultural resources.
V. Coordinate activities with appropriate service organizations and nonprofit groups.
VI. Publicize and report its activities.
VII. Hire consultants and contractors as needed.
VIII. Receive gifts of money to assist in carrying out its purpose.
IX. Hold meetings and hearings necessary to carry out its duties.
Source.
2007, 266:1, eff. Aug. 28, 2007.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-g - Appropriations Authorized.

674:44-g Appropriations Authorized. –
I. A town or city, having established an agricultural commission under this subdivision, may appropriate money as deemed necessary to carry out its purposes. The whole or any part of money so appropriated in any year and any gifts of money received pursuant to RSA 674:44-f shall be placed in an agricultural fund and allowed to accumulate from year to year.
II. The town treasurer, pursuant to RSA 41:29, shall have custody of all moneys in the agricultural fund and shall pay out the same only upon order of the agricultural commission. The disbursement of agricultural funds shall be authorized by a majority of the agricultural commission. The use of such funds shall not be for the purchase of any interest in real property.
Source.
2007, 266:1, eff. Aug. 28, 2007.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-h - Housing Commission.

674:44-h Housing Commission. –
A housing commission may be established in accordance with RSA 673 for the proper recognition, promotion, enhancement, encouragement, and development of a balanced and diverse supply of housing to meet the economic, social, and physical needs of the municipality and its residents, viewed in the context of the region within which the municipality is situated. The establishment of a housing commission shall in no way limit a municipality's authority relative to a housing authority under RSA 203.
Source.
2008, 391:10, eff. Sept. 15, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-i - Powers.

674:44-i Powers. –
I. Housing commissions shall have authority to:
(a) Conduct a housing needs assessment, which may be done in cooperation with the regional housing needs assessment compiled by the regional planning commission under RSA 36:47, II.
(b) Conduct activities to recognize, promote, enhance, and encourage the development of housing, particularly affordable and workforce housing.
(c) Assist the planning board, as requested, in the development and review of those sections of the master plan which address housing, and those sections of the zoning ordinance, subdivision regulations, and site plan regulations that address housing or otherwise have the potential to affect the cost or availability of housing.
(d) Advise, upon request, local agencies and other local boards in their review of requests on matters affecting or potentially affecting housing resources.
(e) Coordinate activities with appropriate service organizations and nonprofit groups.
(f) Publicize and report its activities.
(g) Hire consultants and contractors.
(h) Receive gifts of money and property, both real and personal, in the name of the city or town, to assist in carrying out the purpose of this section.
(i) Hold meetings and hearings necessary to carry out its duties.
II. The commission may acquire real property, in the name of the town or city, subject to the approval of the local governing body, by gift, purchase, grant, bequest, devise, lease, development rights, covenant, or other contractual right, including conveyances with conditions, limitations, or reversions, as may be necessary to maintain, improve, protect, limit the future use of, or otherwise conserve and properly use the affordable housing of the city or town, and shall manage and control the same; provided, however, that the city, town, or commission shall not have the right to condemn property for these purposes. The commission shall also have the right to dispose of property so acquired, subject to the approval of the local governing body. Prior to the use of such funds for the purchase of any interest in real property, the housing commission shall hold a public hearing with notice in accordance with RSA 675:7.
Source.
2008, 391:10, eff. Sept. 15, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:44-j - Appropriations Authorized.

674:44-j Appropriations Authorized. –
I. A town or city, having established a housing commission under this subdivision, may appropriate money to the housing commission as necessary to carry out its purposes. The whole or any part of money so appropriated in any year and any gifts of money received under RSA 674:44-i shall be placed in a housing fund and allowed to accumulate from year to year.
II. The town treasurer, pursuant to RSA 41:29, shall have custody of all moneys in the housing fund and shall pay out the same only upon order of the housing commission. The disbursement of housing funds shall be authorized by a majority of the housing commission.
Source.
2008, 391:10, eff. Sept. 15, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:45 - Purposes.

674:45 Purposes. –
The preservation of cultural resources, and particularly of structures and places of historic, architectural and community value is hereby declared to be a public purpose. The heritage of the municipality will be safeguarded by:
I. Preserving districts in the municipality which reflect elements of its cultural, social, economic, political, community and architectural history;
II. Conserving property values in such districts;
III. Fostering civic beauty;
IV. Strengthening the local economy; and
V. Promoting the use of historic districts for the education, pleasure and welfare of the citizens of the municipality.
Source.
1983, 447:1. 1992, 64:13, 14, eff. June 19, 1992.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:46 - Authority Granted.

674:46 Authority Granted. –
For the purpose of this subdivision, the local legislative body of any city, town, or county in which there are located unincorporated towns or unorganized places shall have the authority, by ordinance, to establish, change, lay out and define historic districts. Within the district, the municipality is empowered to regulate the construction, alteration, repair, moving, demolition or use of such structures and places.
Source.
1983, 447:1. 1985, 103:22. 1989, 266:21, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:46-a - Powers and Duties of the Historic District Commission.

674:46-a Powers and Duties of the Historic District Commission. –
I. For the purpose of establishing a legal basis for the district, the historic district commission may perform research and prepare the content of the historic district ordinance prior to its adoption or amendment as provided in RSA 675:2. In cases in which a municipality chooses to have both a heritage commission and a historic district commission, the historic district commission may request assistance from the heritage commission in performing research and preparing the content of the historic district ordinance.
II. The historic district commission may adopt and amend regulations in the manner provided in RSA 675:6.
III. The historic district commission shall be responsible for administering the ordinance and regulations within the historic district as provided in RSA 676:8-10.
IV. All districts and regulations shall be compatible with the master plan and zoning ordinance of the city, town, or county in which they exist.
V. The historic district commission may assume, if authorized by the local legislative body, the composition and duties of heritage commissions.
Source.
1985, 103:23. 1989, 266:22. 1992, 64:15. 1993, 32:2, eff. June 7, 1993.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:47 - Abolition of Historic Districts.

674:47 Abolition of Historic Districts. –
I. Except as provided in paragraph II, any district established pursuant to the provisions of this subdivision may be abolished in the following manner: Upon petition of 25 voters, the historic district commission shall hold 2 public hearings at least 15 days apart on the proposal to abolish the historic district, at which hearings citizens shall have an opportunity to be heard. Notice for each public hearing shall be as provided in RSA 675:7. Following the above public hearings, the proposal to abolish a historic district shall be presented for insertion in the warrant of a regular or special town meeting as provided in RSA 39:3. The historic district shall be abolished upon a vote of
2/3 of the members of the local legislative body present and voting.
II. In counties in which there are located unincorporated towns or unorganized places, the local legislative body shall determine the manner in which any district established pursuant to the provisions of this subdivision may be abolished for those unincorporated towns and unorganized places.
Source.
1983, 447:1. 1989, 266:23, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:48 - Interpretation.

674:48 Interpretation. –
Nothing in this subdivision shall be construed to prevent ordinary maintenance or repair of any structure or place within any historic district nor to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the building inspector or other duly delegated authority prior to the establishment of any historic district.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:49 - Enforcement.

674:49 Enforcement. –
The enforcement of the provisions of this subdivision shall be made through the zoning ordinance of the municipality. Any local legislative body which has established a historic district commission under RSA 673 shall include provisions for the enforcement of the commission's administrative decisions in the zoning ordinance of the municipality.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:50 - Remedies for Violations.

674:50 Remedies for Violations. –
In case of the violation of any ordinance or regulation made under the authority conferred by this subdivision, the historic district commission, in addition to other remedies, may institute any appropriate action or proceedings to prevent, restrain, correct or abate such violation.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:51-a - Local Adoption of Building Codes by Reference.

674:51-a Local Adoption of Building Codes by Reference. –
In addition to the local powers under RSA 674:51 a municipality may adopt by reference any of the codes promulgated by the International Code Conference which are not included in the state building code under RSA 155-A.
Source.
2003, 245:8, eff. July 14, 2003.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:52 - Repealed by 2002, 8:12, II, eff. Sept. 14, 2002.

674:52 Repealed by 2002, 8:12, II, eff. Sept. 14, 2002. –
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:52-a - Ordering Building Vacated.

674:52-a Ordering Building Vacated. –
I. The building inspector shall have the authority to order occupants to vacate a building, structure, or other premises if the inspector determines, based on reasonable information and belief, that there is imminent danger of failure or collapse, or the condition of such premises otherwise constitutes a clear and imminent danger to the life or safety of occupants or other persons and that protection of life or safety requires vacating the premises. Such an order shall be subject to the procedures of RSA 147:16-a, which shall supersede inconsistent provisions contained in any local code or code adopted by reference.
II. The provisions of paragraph I shall not apply to a residence which is occupied by the owner and his or her immediate family, unless the condition of such premises constitutes a clear and imminent danger to the life or health of persons other than the occupant or occupants.
Source.
1998, 318:3, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:55 - Wetlands.

674:55 Wetlands. –
Wherever the term "wetlands," whether singular or plural, is used in regulations and ordinances adopted pursuant to this chapter, such term shall be given the meaning in RSA 482-A:2, X and the delineation of wetlands for purposes of such regulations and ordinances shall be as prescribed in rules adopted under RSA 482-A. Nothing in this subdivision shall be construed to limit the powers otherwise granted under this chapter for municipalities to plan land use and enact regulations based on consideration of environmental characteristics, vegetation, wildlife habit, open space, drainage, potential for flooding, and protection of natural resources, including critical or sensitive areas or resources and groundwater. In the context of such authority, municipalities may define and delineate resources or environmental characteristics, such as wet soils or areas, and shoreline or buffer areas, in a manner different from the common meaning and delineation of wetlands required herein.
Source.
2004, 243:2, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:56 - Flood Hazards.

674:56 Flood Hazards. –
I. Municipalities may adopt floodplain ordinances as part of their enrollment in the National Flood Insurance Program. Such ordinances shall be adopted pursuant to the authority granted under RSA 674:16 and 17, and shall be adopted and amended pursuant to the procedures in RSA 675 for the adoption and amendment of zoning ordinances. Municipalities may adopt floodplain ordinances either as an amendment to an existing zoning ordinance or as a separate ordinance. A municipality which adopts a floodplain ordinance which is separate from its zoning ordinance or without otherwise having adopted a zoning ordinance, shall observe all legal and procedural requirements for the floodplain ordinance that would be required for a zoning ordinance, including the creation of a board of adjustment. If a municipality has adopted a zoning ordinance either before or after the adoption of a floodplain ordinance, the board of adjustment shall be the same for both ordinances.
II. (a) Municipalities may adopt fluvial erosion hazard ordinances. Such ordinances shall be adopted pursuant to the authority granted under RSA 674:16 and 17, and shall be adopted and amended pursuant to the procedures in RSA 675 for the adoption and amendment of zoning ordinances. Municipalities may adopt fluvial erosion hazard ordinances either as an amendment to an existing zoning ordinance or as a separate ordinance. A municipality which adopts a fluvial erosion hazard ordinance which is separate from its zoning ordinance or without otherwise having adopted a zoning ordinance, shall observe all legal and procedural requirements for the fluvial erosion hazard ordinance that would be required for a zoning ordinance, including the creation of a board of adjustment. If a municipality has adopted a zoning ordinance either before or after the adoption of a floodplain ordinance, the board of adjustment shall be the same for both ordinances.
(b) Any fluvial erosion hazard zoning shall be based on delineation of zones consistent with any fluvial erosion hazard protocols established by the department of environmental services in effect on the date of its adoption. If the planning board of a municipality proposes to adopt, by ordinance or amendment, a fluvial erosion hazard ordinance or an amendment to a fluvial erosion hazard ordinance, the board shall, prior to determining the final form of the ordinance or amendment under RSA 675:2 or RSA 675:3, submit to the department of environmental services a map of all fluvial erosion hazard zones. The department shall review the map and advise the board within 30 days whether the map and zones are consistent with department protocols. The department's comments, if any, shall be advisory only.
Source.
2006, 176:2. 2009, 181:1, 2, eff. July 13, 2009.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:57 - Flood Insurance Rate Maps.

674:57 Flood Insurance Rate Maps. –
In a municipality which has enrolled in the National Flood Insurance Program (NFIP), special flood hazard areas shall be as designated on flood insurance rate maps issued by the Federal Emergency Management Agency. Amendments to the flood insurance rate maps shall apply to local floodplain ordinances upon their adoption by resolution of the local governing body of a municipality and shall require no further action by the local legislative body. Map amendments are subject to appeal by owners and lessees of affected real property under 44 C.F.R. 67.5.
Source.
2006, 176:2, eff. May 25, 2006.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:58 - Definitions.

674:58 Definitions. –
In this subdivision:
I. "Affordable" means housing with combined rental and utility costs or combined mortgage loan debt services, property taxes, and required insurance that do not exceed 30 percent of a household's gross annual income.
II. "Multi-family housing" for the purpose of workforce housing developments, means a building or structure containing 5 or more dwelling units, each designed for occupancy by an individual household.
III. "Reasonable and realistic opportunities for the development of workforce housing" means opportunities to develop economically viable workforce housing within the framework of a municipality's ordinances and regulations adopted pursuant to this chapter and consistent with RSA 672:1, III-e. The collective impact of all such ordinances and regulations on a proposal for the development of workforce housing shall be considered in determining whether opportunities for the development of workforce housing are reasonable and realistic. If the ordinances and regulations of a municipality make feasible the development of sufficient workforce housing to satisfy the municipality's obligation under RSA 674:59, and such development is not unduly inhibited by natural features, the municipality shall not be in violation of its obligation under RSA 674:59 by virtue of economic conditions beyond the control of the municipality that affect the economic viability of workforce housing development.
IV. "Workforce housing" means housing which is intended for sale and which is affordable to a household with an income of no more than 100 percent of the median income for a 4-person household for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development. "Workforce housing" also means rental housing which is affordable to a household with an income of no more than 60 percent of the median income for a 3-person household for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development. Housing developments that exclude minor children from more than 20 percent of the units, or in which more than 50 percent of the dwelling units have fewer than two bedrooms, shall not constitute workforce housing for the purposes of this subdivision.
Source.
2008, 299:2, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:59 - Workforce Housing Opportunities.

674:59 Workforce Housing Opportunities. –
I. In every municipality that exercises the power to adopt land use ordinances and regulations, such ordinances and regulations shall provide reasonable and realistic opportunities for the development of workforce housing, including rental multi-family housing. In order to provide such opportunities, lot size and overall density requirements for workforce housing shall be reasonable. A municipality that adopts land use ordinances and regulations shall allow workforce housing to be located in a majority, but not necessarily all, of the land area that is zoned to permit residential uses within the municipality. Such a municipality shall have the discretion to determine what land areas are appropriate to meet this obligation. This obligation may be satisfied by the adoption of inclusionary zoning as defined in RSA 674:21, IV(a). This paragraph shall not be construed to require a municipality to allow for the development of multifamily housing in a majority of its land zoned to permit residential uses.
II. A municipality shall not fulfill the requirements of this section by adopting voluntary inclusionary zoning provisions that rely on inducements that render workforce housing developments economically unviable.
III. A municipality's existing housing stock shall be taken into consideration in determining its compliance with this section. If a municipality's existing housing stock is sufficient to accommodate its fair share of the current and reasonably foreseeable regional need for such housing, the municipality shall be deemed to be in compliance with this subdivision and RSA 672:1, III-e.
IV. Paragraph I shall not be construed to require municipalities to allow workforce housing that does not meet reasonable standards or conditions of approval related to environmental protection, water supply, sanitary disposal, traffic safety, and fire and life safety protection.
Source.
2008, 299:2, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:61 - Appeals.

674:61 Appeals. –
I. Any person who has filed the written notice required by RSA 674:60, and whose application to develop workforce housing is denied or is approved with conditions or restrictions which have a substantial adverse effect on the viability of the proposed workforce housing development may appeal the municipal action to the superior court under RSA 677:4 or RSA 677:15 seeking permission to develop the proposed workforce housing. The petition to the court shall set forth how the denial is due to the municipality's failure to comply with the workforce housing requirements of RSA 674:59 or how the conditions or restrictions of approval otherwise violate such requirements.
II. A hearing on the merits of the appeal shall be held within 6 months of the date on which the action was filed unless counsel for the parties agree to a later date, or the court so orders for good cause. If the court determines that it will be unable to meet this requirement, at the request of either party it shall promptly appoint a referee to hear the appeal within 6 months. Referees shall be impartial, and shall be chosen on the basis of qualifications and experience in planning and zoning law.
III. In the event the decision of the court or referee grants the petitioner a judgment that allows construction of the proposed development or otherwise orders that the proposed development may proceed despite its nonconformance with local regulations, conditions, or restrictions, the court or referee shall direct the parties to negotiate in good faith over assurances that the project will be maintained for the long term as workforce housing. The court or referee shall retain jurisdiction and upon motion of either party affirming that negotiations are deadlocked, the court or referee shall hold a further hearing on the appropriate term and form of use restrictions to be applied to the project.
Source.
2008, 299:2, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:62 - Definitions.

674:62 Definitions. –
In this subdivision:
I. "Small wind energy system" means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts and which will be used in the first instance for onsite consumption.
II. "System height" means the height above grade of the tower plus the wind generator.
III. "Tower height" means the height above grade of the fixed portion of the tower, excluding the wind generator.
IV. "Wind generator" means blades and associated mechanical and electrical conversion components mounted on top of the tower.
Source.
2008, 357:1. 2010, 143:5, eff. Aug. 13, 2010.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:63 - Municipal Regulations of Small Wind Energy Systems.

674:63 Municipal Regulations of Small Wind Energy Systems. –
Ordinances or regulations adopted by municipalities to regulate the installation and operation of small wind energy systems shall not unreasonably limit such installations or unreasonably hinder the performance of such installations. Unreasonable limits or hindrances to performance shall include the following:
I. Prohibiting small wind energy systems in all districts within the municipality.
II. Restricting tower height or system height through application of a generic ordinance or regulation on height that does not specifically address allowable tower height or system height of a small wind energy system.
III. Requiring a setback from property boundaries for a tower greater than 150 percent of the system height. In a municipality that does not adopt specific setback requirements for small wind energy systems, any small wind energy system shall be set back from the nearest property boundary a distance at least equal to 150 percent of the system height; provided, however, that this requirement may be modified by the zoning board of adjustment upon application in an individual case if the applicant establishes the conditions for a variance under this chapter.
IV. Setting a noise level limit lower than specified by site evaluation committee rules, as measured at the site property line, or not allowing for limit overages during short-term events such as utility outages and severe wind storms.
V. Setting electrical or structural design criteria that exceed applicable state, federal, or international building or electrical codes or laws.
Source.
2008, 357:1, eff. July 11, 2009. 2018, 2:1, eff. Mar. 27, 2018.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:64 - Aviation Requirements.

674:64 Aviation Requirements. –
Small wind energy systems shall be built to comply with all applicable Federal Aviation Administration requirements, including 14 C.F.R. part 77, subpart B regarding installations close to airports, and the airport zoning regulations adopted under RSA 424:5.
Source.
2008, 357:1, eff. July 11, 2009.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:65 - Abandonment.

674:65 Abandonment. –
A small wind energy system that is out-of-service for a continuous 12-month period shall be deemed abandoned. The planning board administrator may issue a notice of abandonment to the owner of an abandoned small wind energy system. The owner shall have the right to respond to the notice of abandonment within 30 days from the receipt date. The planning board shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides the planning board with information demonstrating the small wind energy system has not been abandoned. If the small wind energy system is determined to be abandoned, the owner of the small wind energy system shall remove the wind generator from the tower at the owner's sole expense within 3 months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the administrator may pursue a legal action to have the wind generator removed at the owner's expense.
Source.
2008, 357:1, eff. July 11, 2009.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:66 - Abutter and Regional Notification.

674:66 Abutter and Regional Notification. –
I. (a) A municipal building inspector shall notify all abutters by verified mail, as defined in RSA 21:53, upon application for a building permit to construct a small wind energy system. Abutters shall be afforded a 30-day comment period prior to the issuance of a building permit. An appeal may be made to the building code board of appeals pursuant to RSA 674:34 or to the zoning board of adjustment pursuant to RSA 676:5, as may be appropriate.
(b) The cost of abutter notification shall be borne by the applicant.
(c) The building inspector shall provide notice of the application for a building permit to the local governing body.
II. The building inspector, acting as a local land use board pursuant to RSA 672:7, shall review an application for a small wind energy system pursuant to RSA 36:56 to determine whether it is a development of regional impact, as defined in RSA 36:55. If the building inspector determines that the proposal has the potential for regional impact, he or she shall follow the procedures set forth in RSA 36:57, IV.
Source.
2008, 357:1, eff. July 11, 2009. 2017, 59:2, eff. Aug. 1, 2017. 2019, 242:3, eff. Oct. 10, 2019.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:67 - Definitions.

674:67 Definitions. –
In this subdivision:
I. "Commercial fishing operation" means any type of activity conducted on land, requiring the location or storage of commercial fishing equipment such as fishing vessels, fishing gear, docks, piers, loading areas, landing areas, and cold storage facilities, including any activity necessary to prepare finfish or shellfish for refrigeration, conducted by any person licensed to take, possess, land, or transport, on the waters of New Hampshire, any marine species by any method for the purpose of sale. Commercial fishing operation shall not include operations with the sole or primary function of processing seafood.
II. "Recreational fishing operation" means a party or charter boat that takes paying passengers for recreational fishing in coastal waters.
Source.
2015, 236:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:68 - Protection of Commercial and Recreational Fishing Operations.

674:68 Protection of Commercial and Recreational Fishing Operations. –
No commercial or recreational fishing operation shall be declared a public or private nuisance solely because of a change in ownership or a change in the character of the property in or around the locality of the operation.
Source.
2015, 236:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:69 - Local Ordinances Prohibited.

674:69 Local Ordinances Prohibited. –
No local legislative body shall adopt any ordinance that declares any commercial or recreational fishing operation to be a nuisance solely because it is a commercial or recreational fishing operation, or any zoning ordinance that unreasonably burdens or forces the closure of any commercial or recreational fishing operation, including any fishing operation conducted as a home occupation. Nothing in this subdivision shall prevent a local government from regulating commercial and recreational fishing operations, including by requiring the use of methods, structures, or appliances where such use will prevent, ameliorate, or remove conditions which create or may create a nuisance.
Source.
2015, 236:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:70 - Construction of Subdivision.

674:70 Construction of Subdivision. –
This subdivision shall not be construed to permit an existing commercial or recreational fishing operation to change to a larger operation with regard to emitting more noise or odor, where such change violates local ordinances or regulations or creates a nuisance.
Source.
2015, 236:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:71 - Definition.

674:71 Definition. –
As used in this subdivision, "accessory dwelling unit" means a residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.
Source.
2016, 6:2, eff. June 1, 2017.