reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:11 - Amendments to Official Map.

674:11 Amendments to Official Map. –
The local legislative body is authorized and empowered, whenever and as often as it may deem it advisable or necessary for the public interest, to change or add to the official map of the municipality. Amendments may be made in order to establish the exterior lines of the new streets or parks, or to widen, extend, relocate, narrow, vacate, abandon, or close existing streets or parks, and to indicate the acceptance of, change of use, acquisition of land for, or sale or lease of any street or other public way, ground, place, property, or structure. No change shall become effective until after a public hearing has been held on the change, at which parties in interest and citizens shall have had an opportunity to be heard. Notice of the public hearing shall be given by publishing at least 10 days before the public hearing a notice of such hearing in a newspaper of general circulation in the municipality, and by posting a notice to the same effect at the city or town hall, or in whatever place other notices required by law in connection with municipal affairs are posted or customarily displayed. Before making such addition, amendment, or change, the local legislative body shall refer the matter to the planning board for a report. If the planning board does not make its report within 30 days of such reference, it shall be deemed to have forfeited the right to further suspend action. In the event that the planning board disapproves the proposed addition, amendment, or change, the local legislative body shall not have the right to overrule the planning board's decision, unless by vote of not less than
2/3 of its entire membership in case of a city, or by majority vote of the legal voters present and voting at a regular or special town or district meeting in the case of a town or village district. Such additions, amendments, and changes when adopted shall become a part of the official map of the municipality and shall be deemed to be final and conclusive with respect to the location of the streets and parks shown on the official map. The locating, widening, narrowing, or closing, or the approval of locating, widening, narrowing, or closing, of streets and parks by the municipality under provisions of law other than those contained in this subdivision shall be deemed to be a change or addition to the official map and shall be subject to all the provisions of this subdivision.
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 674:12 - Refusal of Permit.

674:12 Refusal of Permit. –
A municipality which has established and recorded an official map, as provided in RSA 674:10, may for the purpose of preserving the integrity of such official map provide by ordinance that, from and after the time of such recording, no permit shall be issued for any building or structure, or part thereof, in the bed of or on any land located between the mapped lines of any street as shown or laid out on such official map, except as provided in RSA 674:13.
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 674:13 - Appeals Where There is a Zoning Ordinance.

674:13 Appeals Where There is a Zoning Ordinance. –
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 majority of its members, upon an appeal filed with it by the owner of any such land, to grant a permit based on considerations of justice and equity for a building or structure, or part thereof, in a mapped-street location shown on the official map, in any case in which the board of adjustment finds, upon the evidence and arguments presented to it upon appeal:
(a) That the property of the appellant of which such mapped-street location forms a part will not yield a reasonable return to the owner unless such permit be granted; or
(b) That, balancing the interest of the municipality in preserving the integrity of the official map and in not increasing too greatly the cost of later opening such street, and the interest of the owner in the use and benefits of the owner's property, the grant of such permit is required by considerations of justice and equity.
II. In the event that the board of adjustment decides to authorize or issue a building permit in such case, it shall have the power to specify the exact location, ground area to be used or occupied, height, and other reasonable details and conditions of extent and character, and also the duration of the building, or part hereof, permitted. Such requirements shall be designed to promote the health, convenience, safety, or general welfare of and shall inure to the benefit of the municipality. The board of adjustment shall refuse a permit if the applicant will not be substantially damaged by placing the applicant's building outside the mapped-street location.
Source.
1983, 447:1. 1995, 43:3, 4, eff. July 2, 1995.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:14 - Appeals Where no Zoning Ordinance Exists.

674:14 Appeals Where no Zoning Ordinance Exists. –
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 act, but only under the circumstances and in such special cases as are specified in RSA 674:13 and 674:41, and shall be subject to the same restrictions as apply to a board of adjustment. For this purpose, the local legislative body is hereby authorized to act as a discretionary administrative or quasi-judicial body. When so acting, it shall not sit as a legislative body but shall sit in a separate meeting for which separate minutes shall be kept. In any town or village district in which there is no board of adjustment, the local governing body is hereby authorized to designate a board of appeals to be composed of 5 members, serving as such without compensation, which shall have the authority of and shall be subject to the same restrictions and regulations as apply to a zoning board of adjustment, but which shall have the power to act only under the circumstances and in such special cases as are specified herein and only until such time as a board of adjustment may be appointed as a result of the adoption of a zoning ordinance.
Source.
1983, 447:1. 1988, 131:1, eff. June 19, 1988.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:15 - Appeals; Public Hearing.

674:15 Appeals;  Public Hearing. –
Before taking any action authorized in RSA 674:13, 674:14, and 674:41, the zoning board of adjustment, the legislative body, or the boards of appeal, according to whichever of them is designated by ordinance as the body to which appeals may be made, shall give a hearing at which parties in interest and others shall have an opportunity to be heard. Notice for a public hearing under this section shall be as provided in RSA 675:7.
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 674:16 - Grant of Power.

674:16 Grant of Power. –
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 ordinance enactment procedures of RSA 675:2-5. The zoning ordinance shall be designed to regulate and restrict:
(a) The height, number of stories and size of buildings and other structures;
(b) Lot sizes, the percentage of a lot that may be occupied, and the size of yards, courts and other open spaces;
(c) The density of population in the municipality; and
(d) The location and use of buildings, structures and land used for business, industrial, residential, or other purposes.
II. The power to adopt a zoning ordinance under this subdivision expressly includes the power to adopt innovative land use controls which may include, but which are not limited to, the methods contained in RSA 674:21.
III. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate and control the timing of development as provided in RSA 674:22.
IV. Except as provided in RSA 424:5 or RSA 422-B or in any other provision of Title XXXIX, no city, town, or county in which there are located unincorporated towns or unorganized places shall adopt or amend a zoning ordinance or regulation with respect to antennas used exclusively in the amateur radio services that fails to conform to the limited federal preemption entitled Amateur Radio Preemption, 101 FCC 2nd 952 (1985) issued by the Federal Communications Commission.
V. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate and control accessory uses on private land. Unless specifically proscribed by local land use regulation, aircraft take offs and landings on private land by the owner of such land or by a person who resides on such land shall be considered a valid and permitted accessory use.
Source.
1983, 447:1. 1985, 103:19. 1989, 266:14, 15. 1995, 176:1. 1996, 218:1, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:17 - Purposes of Zoning Ordinances.

674:17 Purposes of Zoning Ordinances. –
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) To provide adequate light and air;
(e) To prevent the overcrowding of land;
(f) To avoid undue concentration of population;
(g) To facilitate the adequate provision of transportation, solid waste facilities, water, sewerage, schools, parks, child day care;
(h) To assure proper use of natural resources and other public requirements;
(i) To encourage the preservation of agricultural lands and buildings and the agricultural operations described in RSA 21:34-a supporting the agricultural lands and buildings; and
(j) To encourage the installation and use of solar, wind, or other renewable energy systems and protect access to energy sources by the regulation of orientation of streets, lots, and buildings; establishment of maximum building height, minimum set back requirements, and limitations on type, height, and placement of vegetation; and encouragement of the use of solar skyspace easements under RSA 477. Zoning ordinances may establish buffer zones or additional districts which overlap existing districts and may further regulate the planting and trimming of vegetation on public and private property to protect access to renewable energy systems.
II. Every zoning ordinance shall be made with reasonable consideration to, among other things, the character of the area involved and its peculiar suitability for particular uses, as well as with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality.
III. Except as provided in RSA 424:5 or RSA 422-B or in any other provision of Title XXXIX, no city, town, or county in which there are located unincorporated towns or unorganized places shall adopt a zoning ordinance or regulation with respect to antennas used exclusively in the amateur radio service that fails to conform to the limited federal preemption entitled Amateur Radio Preemption, 101 FCC 2nd 952 (1985) issued by the Federal Communications Commission.
IV. If a municipality allows an increased density, reduced lot size, expedited approval, or other dimensional or procedural incentive under this section for the development of housing for older persons, as defined and regulated pursuant to RSA 354-A:15, VIII, it may allow the same incentive for the development of workforce housing as defined in RSA 674:58, IV. Beginning July 1, 2023, incentives established for housing for older persons shall be deemed applicable to workforce housing development.
Source.
1983, 447:1. 1989, 42:2. 1995, 176:2. 2000, 279:2. 2002, 73:2. 2011, 85:2, eff. July 15, 2011. 2022, 272:72, eff. Aug. 23, 2022.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:18 - Adoption of Zoning Ordinance.

674:18 Adoption of Zoning Ordinance. –
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.
Source.
1983, 447:1. 2002, 178:4, eff. July 14, 2002.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:19 - Applicability of Zoning Ordinance.

674:19 Applicability of Zoning Ordinance. –
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 alteration.
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 674:20 - Districts.

674:20 Districts. –
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 legislative body may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land within each district which it creates. All regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts.
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 674:21-a - Development Restrictions Enforceable.

674:21-a Development Restrictions Enforceable. –
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 board as a condition of subdivision, site plan, variance, or other type of approval, and which has been filed in the records of the local land use board in accordance with its established procedure, shall be deemed to create a conservation restriction as defined in RSA 477:45, I, which shall run with the land, and shall be enforceable by the municipality, or by the owner of any property which would be specially damaged by the violation of such restriction, regardless of whether any deed or other instrument conveying such restriction has been executed or recorded. For purposes of this section, an applicant's statement of intent to restrict development, submitted with or contained in an application which is subsequently approved, shall be deemed a condition of the approval.
Source.
1988, 149:3. 2002, 236:3, eff. July 16, 2002.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:22 - Growth Management; Timing of Development.

674:22 Growth Management;  Timing of Development. –
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 capital improvement program and shall be based upon a growth management process intended to assess and balance community development needs and consider regional development needs.
II. The local legislative body may adopt a growth management ordinance under this section only if there is a demonstrated need to regulate the timing of development, based upon the municipality's lack of capacity to accommodate anticipated growth in the absence of such an ordinance. The need to regulate the timing of development shall be demonstrated by a study performed by or for the planning board or the governing body, or submitted with a petition of voters presented under RSA 675:4. The study shall be based on competent evidence and shall consider the municipality's projected growth rate and the municipality's need for additional services to accommodate such growth.
III. An ordinance adopted under this section shall include a termination date and shall restrict projected normal growth no more than is necessary to allow for orderly and good-faith development of municipal services. The planning board in a municipality that adopts such an ordinance shall promptly undertake development of a plan for the orderly and rational development of municipal services needed to accommodate anticipated normal growth; provided, however, that in a town that has established a capital improvement program committee under RSA 674:5, the plan shall be developed by that committee. The ordinance and the plan shall be evaluated by the planning board at least annually, to confirm that reasonable progress is being made to carry out the plan. The planning board shall report its findings to the legislative body in the municipality's annual report.
Source.
1983, 447:1. 2008, 360:1, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:23 - Temporary Moratoria and Limitations on Building Permits and the Approval of Subdivisions and Site Plans.

674:23 Temporary Moratoria and Limitations on Building Permits and the Approval of Subdivisions and Site Plans. –
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 adopted under this section in unusual circumstances that affect the ability of the municipality to provide adequate services and require prompt attention and to develop or alter a growth management process under RSA 674:22, a zoning ordinance, a master plan, or capital improvements program.
III. An ordinance under this section shall contain:
(a) A statement of the circumstances giving rise to the need for the moratorium or limitation.
(b) The planning board's written findings, on which subparagraph III(a) is based, which shall be included as an appendix to the ordinance.
(c) The term of the ordinance which shall not be more than one year.
(d) A list of the types or categories of development to which the ordinance applies.
(e) A description of the area of the municipality, if less than the entire municipality, to which the ordinance applies.
IV. An ordinance under this section shall be based on written findings by the planning board which:
(a) Describe the unusual circumstances that justify the ordinance.
(b) Recommend a course of action to correct or alleviate such circumstances.
V. An ordinance under this section may provide for the exemption from the moratorium or limitation of those types or categories of development that have minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VI. An ordinance under this section may provide for a special exception or conditional use permit to allow development that has minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VII. Additional ordinances may be adopted under this section only if they are based on circumstances that did not exist at the time of any prior ordinance. The authority to adopt ordinances under this section shall not be used to circumvent a municipality's need for a growth management ordinance under RSA 674:22.
Source.
1983, 447:1. 1989, 266:16. 1997, 15:1. 2008, 360:2, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:24 - Definitions.

674:24 Definitions. –
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 requirements for use, coverage and area and to provide required yards and other open spaces. An undersize lot is permissible if it passes state standards for soil conditions and substantially meets the requirements here and if in existence on the date of adoption of this ordinance.
III. "Manufactured housing" means manufactured housing as defined by RSA 674:31.
IV. "Nonconforming" means use of land, building or premise which is not a use permitted by the provisions of this ordinance for the district in which such land, building or premise is situated.
V. "Permanent building" means any building resting upon a foundation or otherwise legally defined as "real estate".
VI. "Permanent resident" means an individual or family using any building continuously as a residence for a period of 6 months or more.
VII. "Right-of-way" means and includes all present and proposed town, state and federal highways and the land on either side of same as covered by statutes to determine the widths of rights-of-way.
VIII. "Setback" means the distance between the nearest portion of a building and a lot or right-of-way line, whichever is closer.
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 674:26 - Agricultural Use Under Interim Zoning Ordinance.

674:26 Agricultural Use Under Interim Zoning Ordinance. –
"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 slaughtering of animals or poultry, except such as are raised for use of an owner or occupant; and the raising of animals or poultry or both for commercial purposes are permitted only as exceptions and subject to the following regulations:
(a) A lot shall be 8 acres or more in area.
(b) Each lot shall have at least 500 feet in frontage if adjacent to a right-of-way.
(c) A building for these purposes shall be placed at least 100 feet from any right-of-way.
(d) A building shall be located at least 200 feet from side or rear lines.
(e) Before approval by the board of adjustment, a public hearing shall be held with at least 15 days' notice of the time and place of the public hearing published in a paper of general circulation in the town or village district and with a legal notice thereof posted in at least 3 public places in the town or village district.
II. The proposed use shall not be approved if the board finds that it will cause hazard to health, property values or safety through fire, traffic, unsanitary conditions or through excessive noise, vibration, odor or other nuisance feature.
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 674:27 - Commercial Exceptions Under Interim Zoning Ordinance.

674:27 Commercial Exceptions Under Interim Zoning Ordinance. –
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 observed:
I. No business, commercial or industrial venture or use shall be permitted which could cause any undue hazard to health, safety or property values or which is offensive to the public because of noise, vibration, excessive traffic, unsanitary conditions, noxious odor, smoke or other similar reason.
II. Sufficient acreage shall be included to allow the following setbacks:
(a) In the front, not less than 75 feet from a right-of-way to any building or parking lot having both an exit and an entrance and with grass or beautification in the buffer area.
(b) Side and rear: Not less than 50 feet from a building or parking lot to the lot line.
(c) Sufficient off-street parking to allow 300 square feet for each 3 anticipated patrons or employees on premises at the same time. In the case of service establishments, one car shall be deemed to contain 4 patrons.
III. On-premise advertising signs in connection with businesses receiving approval shall be exempt from the provisions of RSA 674:25, X and shall be considered as part of the application for commercial exception. They shall be limited to not more than 20 square feet in size and may be illuminated only by noncolored, nonflashing lights. Location may not be within any right-of-way nor within 150 feet of any intersection unless attached to a building.
IV. Before mining, excavation, or removal of soil, rock, sand or gravel or similar material, a special exception shall be received from the board of adjustment, subject to the usual fee permit. Excavation of earth shall be made in accordance with RSA 155-E.
V. All known abutters of any proposed business, commercial, or industrial site shall be notified by the board of adjustment by verified mail, as defined in RSA 21:53, at least one week prior to any public hearing regarding the site. The names and addresses of the known abutters shall be supplied by the applicant on a plat plan to be submitted to the board of adjustment.
Source.
1983, 447:1, eff. Jan. 1, 1984. 2017, 59:1, 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 674:28 - Nonconforming Buildings, Land, or Uses Under Interim Zoning Ordinance.

674:28 Nonconforming Buildings, Land, or Uses Under Interim Zoning Ordinance. –
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 such expansion does not make any existing conforming structure nonconforming within the terms of the interim ordinance; nor shall such expansion bring any building within 35 feet of an abutter's building; nor shall the height exceed the limits as defined in RSA 674:25, IV, (d); nor shall the use of such property be materially altered in purpose.
III. Any and all nonconforming property which is partially or totally destroyed by reason of obsolescence, fire or other act of God may be restored, remodeled and operated if done within 2 years; providing, however, that proximity to a lot line or right-of-way may be no nearer than the lesser of the original building and the setbacks defined in RSA 674:25, IV, (a)-(c), and the height does not exceed the limits set forth in RSA 674:25, IV, (d).
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 674:29 - Board of Adjustment and Administrative Provisions Under Interim Zoning Ordinance.

674:29 Board of Adjustment and Administrative Provisions Under Interim Zoning Ordinance. –
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. Such board shall have all the powers and jurisdiction and be subject to all the duties, requirements and other provisions applicable to zoning boards of adjustment under RSA 673. The board of selectmen, if no building inspector exists, shall act jointly as the building inspector and administrative officer charged with enforcement and may issue building or use permits in the first instance if clearly permitted by law. The applicable provisions of RSA 677 shall govern motions for rehearing, appeals, enforcement, and interpretation. In addition to other remedies, any person convicted of violation of the provisions of RSA 674:25-29 by a court of competent jurisdiction shall be subject to a fine of not more than $50 for each offense. Each day the violation continues shall constitute a separate offense.
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 674:31 - Definition.

674:31 Definition. –
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 built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, which include plumbing, heating and electrical heating systems contained therein. Manufactured housing as defined in this section shall not include presite built housing as defined in RSA 674:31-a.
Source.
1983, 447:1. 1985, 104:1, eff. July 9, 1985.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:31-a - Definition; Presite Built Housing.

674:31-a Definition;  Presite Built Housing. –
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 of Housing and Urban Development minimum property standards and local building codes, for installation, or assembly and installation, on the building site. For the purposes of this subdivision, presite built housing shall not include manufactured housing, as defined in RSA 674:31.
Source.
1985, 104:2, eff. July 9, 1985.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:32 - Manufactured Housing.

674:32 Manufactured Housing. –
I. Municipalities shall afford reasonable opportunities for the siting of manufactured housing, and a municipality shall not exclude manufactured housing completely from the municipality by regulation, zoning ordinance or by any other police power. A municipality which adopts land use control measures shall allow, in its sole discretion, manufactured housing to be located on individual lots in most, but not necessarily all, land areas in districts zoned to permit residential uses within the municipality, or in manufactured housing parks and subdivisions created for the placement of manufactured housing on individually owned lots in most, but not necessarily all, land areas in districts zoned to permit residential uses within the municipality, or in all 3 types of locations. Manufactured housing located on individual lots shall comply with lot size, frontage requirements, space limitations and other reasonable controls that conventional single family housing in the same district must meet. No special exception or special permit shall be required for manufactured housing located on individual lots or manufactured housing subdivisions unless such special exception or permit is required by the municipality for single family housing located on individual lots or in subdivisions. Municipalities permitting manufactured housing parks shall afford realistic opportunities for the development and expansion of manufactured housing parks. In order to provide such realistic opportunities, lot size and overall density requirements for manufactured housing parks shall be reasonable.
II. Notwithstanding paragraph I or any law or rule to the contrary, no zoning ordinance or bylaw shall prohibit an owner and occupier of a residence which has been damaged by fire or other disaster from placing a manufactured home on the lot of such residence and residing in such structure while the residence is being rebuilt. The period of such occupancy shall expire in 12 months from the placement of such structure or upon the issuance of a certificate of occupancy, whichever occurs first. Any such manufactured home shall be subject to state and local requirements relating to water supply and sewerage disposal. A manufactured home that is placed on a lot under this paragraph shall not attain the status of a vested nonconforming use.
Source.
1983, 447:1. 1986, 91:2. 1987, 378:1. 1993, 158:1, eff. July 23, 1993.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:32-a - Presumption.

674:32-a Presumption. –
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 accessory use, so long as conducted in accordance with best management practices guidelines adopted by the commissioner of the department of agriculture, markets, and food and with applicable federal and state laws, regulations, and rules.
Source.
2000, 279:3, eff. July 1, 2001. 2019, 338:5, eff. Sept. 5, 2019.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:32-b - Existing Agricultural Uses and Activities.

674:32-b Existing Agricultural Uses and Activities. –
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, or change complies with all federal and state laws, regulations, and rules, including agricultural best management practices guidelines adopted by the commissioner of the department of agriculture, markets, and food; subject, however, to the following limitations:
I. Any new establishment, re-establishment after abandonment, or significant expansion of an operation involving the keeping of livestock, poultry, or other animals may be made subject to special exception, building permit, site plan review, or other local land use board approval in accordance with the provisions of RSA 674:32-c, II and III.
II. Any new establishment, re-establishment after abandonment, or significant expansion of a farm stand, retail operation, or other use or activity involving on-site transactions with the public, including agritourism as defined in RSA 21:34-a, may be made subject to applicable special exception, building permit, site plan review, or other local land use board approval in accordance with the provisions of RSA 674:32-c, II and III, and may be regulated to prevent traffic and parking from adversely impacting adjacent property, streets and sidewalks, or public safety. No municipality shall adopt an ordinance, bylaw, definition, or policy regarding agritourism activities that conflicts with the definition of agritourism in RSA 21:34-a.
Source.
2000, 279:3, eff. July 1, 2001. 2016, 86:1, eff. July 18, 2016; 267:4, eff. June 16, 2016; 267:7, eff. July 18, 2016 at 12:01 a.m. 2018, 56:1, eff. July 15, 2018. 2019, 338:6, eff. Sept. 5, 2019.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:32-c - Other General Provisions.

674:32-c Other General Provisions. –
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 operations or activities from generally applicable building and site requirements such as dimensional standards, setbacks, driveway and traffic regulations, parking requirements, noise, odor, or vibration restrictions or sign regulations; provided, however, that in circumstances where their literal application would effectively prohibit an agricultural use or activity allowed by this subdivision, or would otherwise be unreasonable in the context of an agricultural use or activity, in accordance with the provisions of RSA 672:1, III-b, the board of adjustment, building code board of appeals, or other applicable local board, after due notice and hearing, shall grant a waiver from such requirement to the extent necessary to reasonably permit the agricultural use or activity, unless such waiver would have a demonstrated adverse effect on public health or safety, or on the value of adjacent property. Such waiver shall continue only as long as utilized for the permitted agricultural use or activity.
III. Nothing in this subdivision shall apply to any aspect of an agricultural operation determined to be injurious to public health or safety under RSA 147. Nothing in this subdivision shall be deemed to modify or limit the duties and authority of the department of environmental services under RSA 485 or RSA 485-A or the commissioner of the department of agriculture, markets, and food under title XL.
IV. Nothing in this subdivision shall be deemed to affect the regulation of sludge or septage.
Source.
2000, 279:3, eff. July 1, 2001. 2019, 338:7, eff. Sept. 5, 2019.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:32-d - Agritourism Permitted.

674:32-d Agritourism Permitted. –
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.
Source.
2016, 267:5, eff. June 16, 2016.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:34 - Powers of Building Code Board of Appeals.

674:34 Powers of Building Code Board of Appeals. –
I. The building code board of appeals shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire official relative to the application and interpretation of the state building code or state fire code as defined in RSA 155-A:1. An application for appeal shall be based on a claim that the true intent of the code or the rules adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of the state building code or the state fire code.
II. Appeals of decisions of any local building code board of appeals shall be made within 30 days of the board's decision to the state building code review board as outlined under RSA 155-A:10, IV(c).
Source.
1983, 447:1. 2012, 242:17, eff. June 18, 2012. 2019, 219:5, eff. Aug. 11, 2019.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:35 - Power to Regulate Subdivisions.

674:35 Power to Regulate Subdivisions. –
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 within subdivisions shall be graded and improved and to which streets water, sewer, and other utility mains, piping, connections, or facilities within subdivisions shall be installed. A municipality may by ordinance or resolution transfer 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.
II. The planning board of a municipality shall have the authority to regulate the subdivision of land under the enactment procedures of RSA 675:6. The ordinance or resolution which authorizes the planning board to regulate the subdivision of land shall make it the duty of the city clerk, town clerk, clerk of district commissioners or other appropriate recording official to file with the register of deeds of the county in which the municipality is located a certificate of notice showing that the planning board has been so authorized, giving the date of such authorization.
III. The planning board shall not limit the number of building permits that may be issued except in accordance with an innovative land use control ordinance addressing timing incentives and phased development under RSA 674:21 and adopted under RSA 674:16; or an ordinance to regulate and control the timing of development, adopted under RSA 674:22; or an ordinance establishing a temporary moratorium or limitation on the issuance of building permits, adopted under RSA 674:23. This paragraph shall not be construed to limit the planning board's authority to deny a subdivision application on the basis that it is scattered or premature.
Source.
1983, 447:1. 2004, 71:3. 2005, 51:1. 2009, 200:2. 2014, 125:2, eff. Aug. 15, 2014.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:37 - Recording of Plats.

674:37 Recording of Plats. –
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, 1981, or by a registered land surveyor between January 1, 1970 and June 30, 1981, and until it has been approved by the planning board and such approval has been endorsed in writing on the plat in such manner as the planning board may designate, except as provided in RSA 676:18, II and III and RSA 676:4, I(c). The filing or recording of a plat of a subdivision without the requisite approval of the planning board, or which has not been prepared and certified by a licensed land surveyor or by a registered land surveyor as provided in this section, shall be void.
Source.
1983, 447:1. 1988, 233:1. 1990, 275:2. 1995, 303:2, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:38 - Status of Plats Approved.

674:38 Status of Plats Approved. –
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 result in an acceptance by the municipality or the public of the dedication of any street or other ground or open space shown upon the plat.
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 674:39-a - Voluntary Merger.

674:39-a Voluntary Merger. –
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 requests shall be approved, and no public hearing or notice shall be required. No new survey plat need be recorded, but a notice of the merger, sufficient to identify the relevant parcels and endorsed in writing by the planning board or its designee, shall be filed for recording in the registry of deeds, and a copy mailed to the municipality's assessing officials. No such merged parcel shall thereafter be separately transferred without subdivision approval. No city, town, county, or village district may merge preexisting subdivided lots or parcels except upon the consent of the owner.
II. If there is any mortgage on any of the lots, the applicant shall give written notice to each mortgage holder at the time of the submission of the application. The written consent of each mortgage holder shall be required as a condition of approval of the merger, and shall be recorded with the notice of the merger pursuant to paragraph I. Upon recordation of the notice and each consent, the mortgage or mortgages shall be deemed by operation of law to apply to all lots involved in the merger. The municipality shall not be liable for any deficiency in the notice to mortgage holders.
III. No merger shall be approved that would create a violation of then-current ordinances or regulations.
Source.
1995, 291:9. 2010, 345:1, eff. Sept. 18, 2010. 2016, 327:1, eff. Aug. 23, 2016.