reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:73 - Detached Accessory Dwelling Units.

674:73 Detached Accessory Dwelling Units. –
A municipality is not required to but may permit detached accessory dwelling units. Detached accessory dwelling units shall comply with the requirements of, and any municipal ordinances or regulations adopted pursuant to, RSA 674:72, IV through IX. If a municipality allows detached accessory dwelling units, it may require an increased lot size.
Source.
2016, 6:2, eff. June 1, 2017.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:74 - Protection of Pre-existing, Non-conforming Use Status for Summer Camps.

674:74 Protection of Pre-existing, Non-conforming Use Status for Summer Camps. –
I. Notwithstanding any provision of law or municipal ordinance or regulation to the contrary, any summer camp that has been operating in the state of New Hampshire as a pre-existing, nonconforming use under its applicable zoning ordinance that either closed for the summer of 2020 and/or 2021 due to the COVID-19 pandemic, or was forced to operate for a shorter season or at a reduced capacity during the summer of 2020 and/or 2021 due to the COVID-19 pandemic, shall not lose its status as a pre-existing, non-conforming use due to either:
(a) Its failure to operate during the summer of 2020 and/or 2021; or
(b) Its operation for a shorter season or at a reduced capacity during the summer of 2020 and/or 2021.
II. The summer camp's status or ability to operate as a pre-existing, non-conforming use shall not be in any way affected by its failure to operate during the summer of 2020 and/or 2021, or its operation for a shorter season or at a reduced capacity during the summer of 2020 and/or 2021.
Source.
2021, 121:6, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:75 - Advance Pipeline Notification.

674:75 Advance Pipeline Notification. –
I. As used in this section, "natural gas transmission pipeline" means an interstate pipeline, as that term is defined in 15 U.S.C. Section 3301(15); and
II. For a new residential or nonresidential development that is located in whole or in part within 1,000 feet of the center point of a natural gas transmission pipeline that was constructed or operated prior to the development, the applicant shall notify the operator of the natural gas transmission pipeline of the planned development no later than the time of application for approval of the development, or 180 days prior to commencement of construction, whichever is earlier.
III. The developer of the development shall provide on a form filed with the local land use board the following notice:
"All reasonable means were used to obtain information about natural gas transmission pipeline facilities in the area of the proposed development and pipeline operator(s) were contacted to verify the location of the pipeline and the pipeline easement. The developer has reviewed, or attempted to review, preliminary information about the proposed development with the pipeline operator."
IV. Within 60 days of the effective date of this section, a local land use board in a municipality that is within 1,000 feet of the center point of a natural gas transmission pipeline shall make National Pipeline Mapping System geospatial data available to developers from the Pipeline and Hazardous Materials Safety Administration within the United States Department of Transportation relative to the locations of pipelines.
V. Upon receiving notice of a planned development in accordance with this section, a pipeline operator shall locate and mark the natural gas pipeline facilities and provide pipeline facility information to the developer by other means such as marking up design drawings and providing maps.
VI. A building permit shall not be issued, and a building shall not be erected on a lot within the jurisdiction of a local land use board unless one of the following 3 criteria is met:
(a) The developer has received written consent from the natural gas pipeline operator and has filed this consent with such regional planning commission;
(b) The developer has not received written consent from the natural gas pipeline operator, but has filed with such local land use board written correspondence from the pipeline operator demonstrating that discussions and outreach have occurred; or
(c) The developer has filed dated and written correspondence with such local land use board that demonstrates attempts to contact the natural gas pipeline operator and that no response has been received within 180 days of the filing.
VII. This section applies only to counties and municipalities that are governed by a local land use board for purposes of approving residential and nonresidential developments.
Source.
2022, 75:2, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 674 - Local Land Use Planning and Regulatory Powers › Section 674:76 - Religious Use of Land and Structures.

674:76 Religious Use of Land and Structures. –
No zoning ordinance or site plan review regulation shall prohibit, regulate, or restrict the use of land or structures primarily used for religious purposes; provided, however, that such land or structures may be subject to objective and definite regulations concerning the height of structures, yard sizes, lot area, setbacks, open space, and building coverage requirements as long as said requirements are applicable regardless of the religious or non-religious nature of the use of the property and do not substantially burden religious exercise.
Source.
2022, 291:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:1 - General Requirements.

675:1 General Requirements. –
I. The following shall be adopted under RSA 675:6:
(a) Every master plan or amendment to a master plan proposed under RSA 674:1;
(b) Subdivision regulations proposed under RSA 674:35;
(c) Site plan review regulations proposed under RSA 674:44; and
(d) Historic district regulations proposed under RSA 674:46-a.
II. Zoning ordinances proposed under RSA 674:16, historic district ordinances proposed under RSA 674:46 and building codes proposed under RSA 674:51 shall be adopted in accordance with the procedures required under RSA 675:2-5.
III. If an official map is established, it shall be established according to the procedures required under RSA 674:10.
Source.
1983, 447:1. 1985, 103:24, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:2 - Method of Enactment in Cities and Towns Operating Under Town Council Form of Government.

675:2 Method of Enactment in Cities and Towns Operating Under Town Council Form of Government. –
I. In cities or in towns operating under the town council form of government, and in counties in which there are located unincorporated towns or unorganized places, the local legislative body shall determine the manner in which a zoning ordinance, historic district ordinance, or a building code is established and amended; provided, however, that any question concerning the establishment and amendment of a zoning ordinance, historic district ordinance, or a building code may be placed on a ballot separate from the ballot used to elect city or town officers. The planning board shall forward to the town clerk all proposed amendments to a zoning ordinance, historic district ordinance, or building code not later than the fifth Tuesday prior to the date for electing city or town officers.
II. No zoning ordinance, historic district ordinance, or building code shall be established or amended until after a public hearing is held in accordance with the procedures required under RSA 675:7 on the proposed zoning ordinance, historic district ordinance, building code or amendment.
Source.
1983, 447:1. 1985, 103:24; 266:1. 1989, 266:25. 1990, 54:1, eff. June 5, 1990.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:4 - Method of Enactment by Petition.

675:4 Method of Enactment by Petition. –
I. Twenty-five or more voters may petition for an amendment to a zoning ordinance, historic district ordinance, or a building code. Petitioned amendments shall be voted only at the annual town or village district meeting. A petition to amend a zoning ordinance, historic district ordinance, or a building code shall be submitted to the board of selectmen or the village district commissioners during the period between 120 and 90 days prior to the annual town or village district meeting. The petition shall be in correct warrant article form, as determined by the selectmen or village district commissioners, to amend the zoning ordinance, historic district ordinance, or building code. The selectmen or the village district commissioners shall submit the petitions to the planning board in a timely manner.
II. The planning board at its first regular meeting following the petition period shall set the date of the public hearing for each petitioned amendment which is received and shall hold a public hearing on each petitioned amendment. Notice for the time and place of the public hearing shall be the same as that provided in RSA 675:7.
III. Each petitioned amendment shall be placed on a ballot which may be separate from the ballot used to elect town or village district officers. A notation on the ballot stating the planning board's approval or disapproval shall immediately follow the question's description. Any petitioned question receiving an affirmative vote of a majority of the legal voters present and voting shall be adopted, except as provided in RSA 675:5. The planning board shall forward to the town or village district clerk all proposed amendments to a zoning ordinance, historic district ordinance, or building code under this section not later than the fifth Tuesday prior to the date for electing town or village district officers.
IV. The town or village district clerk shall include each question on a petitioned amendment on the appropriate official or special ballot, or separate official ballot, in the same manner as provided in paragraph III and in RSA 675:3, VII.
V. The method for amending a zoning ordinance, historic district ordinance or building code, as set forth in this section, may also be utilized to repeal such ordinance or code. The ballot question shall use the word "repeal" in place of the word "amendment."
Source.
1983, 447:1. 1985, 103:24; 266:3. 1990, 54:3. 1996, 43:2, eff. June 23, 1996.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:4-a - Adoption of Emergency Temporary Zoning and Planning Ordinance in Certain Towns.

675:4-a Adoption of Emergency Temporary Zoning and Planning Ordinance in Certain Towns. –
I. In any town which does not have a planning board, as provided by RSA 674, or a zoning ordinance, as provided in this subdivision, or in any town which has a planning board, but which does not have in effect a zoning ordinance, the selectmen, upon recommendation of the planning board, or upon written application to them for this purpose signed by 5 percent of the voters of the town, shall call a special town meeting, warning the same as provided by law, to act upon the following question: "Shall the town adopt the provisions of RSA 674:24-29 entitled 'Emergency Temporary Zoning and Planning Ordinance'?"
II. The provisions of RSA 675 relating to method of enactment shall not apply; provided, however, that there shall be a public hearing, with notice as provided in RSA 675:7, not more than 7 calendar days before the proposed special town meeting. There shall be reasonable opportunity for debate of such question at such town meeting before balloting commences. Voting shall be by ballot, with the use of the checklist used at the most recent annual meeting plus any new registrations, and the polls shall remain open at least 2 hours after debate has ended for the casting of ballots. If the question in paragraph I receives affirmative votes amounting at least to a majority of those present and voting, the provisions of RSA 674:24-29 shall take effect forthwith in the town and shall remain in effect until 2 annual town meetings shall have been held or the voters of the town consider a zoning ordinance as provided for by this chapter, whichever period of time is the lesser.
III. If no zoning ordinance has been considered and no zoning ordinance under the applicable provisions of this chapter has been proposed for action by the time of the second such annual town meeting, the selectmen shall include in the warrant for such meeting the following proposal to be put as a question to be voted upon by ballot after discussion: To see if the town will vote to continue for one additional year the temporary zoning ordinance enacted under the provisions of RSA 674:24-29. If a majority of those present and voting on said article vote in the affirmative, the provisions of RSA 674:24-29 shall remain in effect in the town for one year from the date of such meeting. If a majority of those present and voting on the article vote in the negative, the provisions of RSA 674:24-29 shall cease to be in effect.
Source.
1985, 103:24, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:5 - Zoning Ordinance Protest Petition.

675:5 Zoning Ordinance Protest Petition. –
I. Zoning regulations, restrictions and boundaries may from time to time be amended or repealed.
I-a. A favorable vote of
2/3 of all the members of the legislative body present and voting shall be required to act upon any amendment or repeal in the case of a protest against such zoning change signed by either:
(a) The owners of 20 percent of the area of the lots included in such proposed change; or
(b) The owners of 20 percent of the area within 100 feet immediately adjacent to the area affected by the change or across a street from such area.
I-b. Paragraph I-a shall apply only to amendments which alter the boundary locations separating previously defined zoning districts, or to amendments which alter the regulations or restrictions of an area not larger than
1/3 of the land area within the municipality.
I-c. The area of streets, commons, or land owned by a governmental entity shall not be included in any calculation under this section.
II. In order to have any protest considered pursuant to paragraph I-a:
(a) The owners signing the petition shall identify themselves on the petition by name and address, and by address of the property involved, or by lot and map number, or by whatever other means is used within the town or village district to identify the land in question, so that the selectmen or commissioners may identify such owners as interested and affected parties; and
(b) The signed protest petition shall be submitted to the selectmen or village district commissioners at least 7 days prior to the town or village district meeting; provided, however, that each protest petition shall apply to only one article on the warrant. A notice of receipt of the protest petition shall be posted at the polling place, and the moderator shall announce at the opening of the town meeting that a protest petition has been received.
Source.
1983, 447:1. 1985, 103:24. 1989, 44:1-3, eff. June 11, 1989.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:6 - Method of Adoption.

675:6 Method of Adoption. –
Every local master plan, subdivision regulation, site plan review regulation and historic district regulation referred to in this title shall be adopted or amended by the planning board or historic district commission, as appropriate, in the following manner:
I. The board or commission, as appropriate, shall hold a public hearing prior to adoption or amendment. Notice for the time and place of the hearing shall be as provided in RSA 675:7.
II. The board or commission, as appropriate, may adopt or amend the master plan or regulation upon completion of the public hearing by an affirmative vote of a majority of its members.
III. No master plan, regulation, amendment or exception adopted under this section shall be legal or have any force and effect until copies of it are certified by a majority of the board or commission and filed with the city clerk, town clerk, or clerk for the county commissioners.
IV. The historic district commission may adopt or amend regulations only after the commission has held a public hearing within the district. Notice for the time and place shall be as provided in RSA 675:7. The adopted regulations shall be certified by a majority of the historic district commission members and filed with the city clerk, town clerk, or clerk for the county commissioners.
Source.
1983, 447:1. 1985, 103:24. 1989, 266:26, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:8 - Filing of Zoning Ordinances, Historic District Ordinances, Building Codes, Subdivision Regulations, Site Plan Review Regulations, and Amendments.

675:8 Filing of Zoning Ordinances, Historic District Ordinances, Building Codes, Subdivision Regulations, Site Plan Review Regulations, and Amendments. –
All zoning ordinances, historic district ordinances, building codes, subdivision regulations, site plan review regulations, historic district regulations and their amendments shall be placed on file with the city, town, or village district clerk, or, in the case of unincorporated towns or unorganized places, with the clerk for the county commissioners for public inspection.
Source.
1983, 447:1. 1985, 103:24. 1989, 266:27, eff. July 1, 1989.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 675 - Enactment and Adoption Procedures › Section 675:9 - Place for Filing Documents; Reporting of Adoptions or Amendments.

675:9 Place for Filing Documents;  Reporting of Adoptions or Amendments. –
A copy of each master plan, zoning ordinance, historic district ordinance, capital improvement plan, building code, subdivision regulation, historic district regulation, site plan review regulation or amendment which is adopted by a municipality shall be placed in a central file with the office of planning and development; provided, however, that failure to file these documents or amendments with the office of planning and development shall not affect the validity of the document. Every municipality which adopts a master plan, zoning ordinance, historic district ordinance, capital improvement plan, building code, subdivision regulation or site plan review regulation or amendment thereto, shall inform the office of planning and development of such adoption or amendment. The office of planning and development is hereby authorized to gather this information by way of an annual survey of the municipalities or other such means as may be deemed appropriate. The office of planning and development shall periodically create lists and reports of the information gathered for use by the municipalities and the general public.
Source.
1983, 447:1. 1985, 103:24. 1987, 50:1. 1989, 266:28. 2002, 8:12, III. 2003, 319:9. 2004, 257:44. 2011, 224:122, eff. July 1, 2011. 2017, 156:64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:1 - Method of Adopting Rules of Procedure.

676:1 Method of Adopting Rules of Procedure. –
Every local land use board shall adopt rules of procedure concerning the method of conducting its business. Rules of procedure shall be adopted at a regular meeting of the board and shall be placed on file with city, town, village district clerk, or clerk for the county commissioners for public inspection. The rules of procedure shall include when and how an alternate may participate in meetings of the land use board.
Source.
1983, 447:1. 1989, 266:29. 2010, 270:2, eff. July 6, 2010.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:2 - Joint Meetings and Hearings.

676:2 Joint Meetings and Hearings. –
I. An applicant seeking a local permit may petition 2 or more land use boards to hold a joint meeting or hearing when the subject matter of the requested permit is within the responsibilities of those land use boards. Each board shall adopt rules of procedure relative to joint meetings and hearings, and each board shall have the authority on its own initiative to request a joint meeting. Each land use board shall have the discretion as to whether or not to hold a joint meeting with any other land use board. The planning board chair shall chair joint meetings unless the planning board is not involved with the subject matter of the requested permit. In that situation, the appropriate agencies which are involved shall determine which board shall be in charge.
II. Procedures for joint meetings or hearings relating to testimony, notice of hearings, and filing of decisions shall be consistent with the procedures established by this chapter for individual boards.
III. Every local land use board shall be responsible for rendering a decision on the subject matter which is within its jurisdiction.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:3 - Issuance of Decision.

676:3 Issuance of Decision. –
I. The local land use board shall issue a final written decision which either approves or disapproves an application for a local permit and make a copy of the decision available to the applicant. The decision shall include specific written findings of fact that support the decision. Failure of the board to make specific written findings of fact supporting a disapproval shall be grounds for automatic reversal and remand by the superior court upon appeal, in accordance with the time periods set forth in RSA 677:5 or RSA 677:15, unless the court determines that there are other factors warranting the disapproval. If the application is not approved, the board shall provide the applicant with written reasons for the disapproval. If the application is approved with conditions, the board shall include in the written decision a detailed description of all conditions necessary to obtain final approval.
II. Whenever a local land use board votes to approve or disapprove an application or deny a motion for rehearing, the minutes of the meeting at which such vote is taken, including the written decision containing the reasons therefor and all conditions of approval, shall be placed on file in the board's office and shall be made available for public inspection within 5 business days of such vote. Boards in towns that do not have an office of the board that has regular business hours shall file copies of their decisions with the town clerk.
III. Whenever a plat is recorded to memorialize an approval issued by a local land use board, the final written decision, including all conditions of approval, shall be recorded with or on the plat.
Source.
1983, 447:1. 2000, 144:1. 2009, 266:1, eff. Sept. 14, 2009. 2022, 272:73, eff. Aug. 23, 2022.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:6 - Effect of Appeal to Board.

676:6 Effect of Appeal to Board. –
The effect of an appeal to the board shall be to maintain the status quo. An appeal of the issuance of any permit or certificate shall be deemed to suspend such permit or certificate, and no construction, alteration, or change of use which is contingent upon it shall be commenced. An appeal of any order or other enforcement action shall stay all proceedings under the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment, after notice of appeal shall have been filed with such officer, that, by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause imminent peril to life, health, safety, property, or the environment. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by the superior court on notice to the officer from whom the appeal is taken and cause shown.
Source.
1983, 447:1. 1995, 243:2, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:7 - Public Hearing; Notice.

676:7 Public Hearing;  Notice. –
I. Prior to exercising its appeals powers, the board of adjustment shall hold a public hearing. Notice of the public hearing shall be given as follows:
(a) The appellant and every abutter and holder of conservation, preservation, or agricultural preservation restrictions shall be notified of the hearing by verified mail, as defined in RSA 21:53, stating the time and place of the hearing, and such notice shall be given not less than 5 days before the date fixed for the hearing of the appeal. The board shall hear all abutters and holders of conservation, preservation, or agricultural preservation restrictions desiring to submit testimony and all nonabutters who can demonstrate that they are affected directly by the proposal under consideration. The board may hear such other persons as it deems appropriate.
(b) A public notice of the hearing shall be placed in a newspaper of general circulation in the area not less than 5 days before the date fixed for the hearing of the appeal.
II. The public hearing shall be held within 45 days of the receipt of the notice of appeal.
III. Any party may appear in person or by the party's agent or attorney at the hearing of an appeal.
IV. The cost of notice, whether mailed, posted, or published, shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the board to terminate further consideration and to deny the appeal without public hearing.
V. If the board of adjustment finds that it cannot conclude the public hearing within the time available, it may vote to continue the hearing to a specified time and place with no additional notice required.
Source.
1983, 447:1. 1985, 159:25. 1996, 226:1. 1997, 142:6, eff. Aug. 8, 1997. 2017, 4:1, eff. May 30, 2017; 59:5, eff. Aug. 1, 2017. 2019, 2:1, eff. July 9, 2019; 242:3, eff. Oct. 10, 2019.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:8 - Issuing Approval for Building Permits.

676:8 Issuing Approval for Building Permits. –
The historic district commission shall review applications for building permits within the historic district for their impact on the historic district and its objectives by:
I. Requesting reports and recommendations regarding the feasibility of the applicant's proposal from the planning board, fire chief, building inspector, health officer and other administrative officials who may possess information concerning the impact of the proposal on the historic district.
II. Seeking advice from professional, educational, cultural or other groups or persons as may be deemed necessary for the determination of a reasonable decision.
III. Filing with the building inspector or other duly delegated authority either a certificate of approval or a notice of disapproval following the review and determination of the application.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:9 - Procedure for Approval of Building Permits.

676:9 Procedure for Approval of Building Permits. –
I. The historic commission district shall file a certificate of approval or a notice of disapproval pursuant to RSA 676:8, III within 45 days after the filing of the application for the certificate, unless the applicant agrees to a longer period of time.
II. No building permit shall be issued until a certificate of approval has been filed with the building inspector; but, in the case of disapproval, notice of disapproval shall be binding upon the building inspector or other duly delegated authority, and no permit shall be issued.
III. Failure to file the certificate within the specified period of time shall constitute approval by the commission.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:10 - Enforcement by Historic District Commission.

676:10 Enforcement by Historic District Commission. –
I. In municipalities which have established one or more historic districts pursuant to RSA 674:46, but which have no local zoning ordinances, the historic district commission shall have within the bounds of the historic district all the authority, powers and duties prescribed in this chapter for planning boards insofar as such authority, powers and duties are within the intent of the historic district commission's grant of power. In such municipalities, the requirement of conformity with the local zoning ordinance, as provided in RSA 674:46, shall not apply.
II. In municipalities which do not have a planning board, the requirements of RSA 674:46 and 676:6 relating to conformity with the master plan and the requirement of RSA 673:4 that one member of the commission may be a planning board member shall not apply.
III. In municipalities which do not have a building inspector, the certificate of approval of the commission, as provided in RSA 676:8, III, shall be the equivalent of a building permit. In municipalities which do not have a zoning board of adjustment, motions for rehearing and appeals from decisions of the historic district commission shall be governed by the provisions of RSA 677, insofar as applicable.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:11 - Building Permits Required.

676:11 Building Permits Required. –
After a municipality has adopted a building code, any person who intends to erect or remodel any building in the municipality shall submit the plans to the building inspector for the building inspector's examination and approval prior to commencement of the planned construction.
Source.
1983, 447:1. 1996, 226:2, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:12 - Building Permits to be Withheld in Certain Cases.

676:12 Building Permits to be Withheld in Certain Cases. –
I. The building inspector shall not issue any building permit within the 120 days prior to the annual or special town or village district meeting if:
(a) Application for such permit is made after the first legal notice of proposed changes in the building code or zoning ordinance has been posted pursuant to the provisions of RSA 675:7; and
(b) The proposed changes in the building code or the zoning ordinance would, if adopted, justify refusal of such permit.
II. After final action has been taken on the proposed changes in the building code or zoning ordinance, the building inspector shall issue or refuse to issue a permit which has been held in abeyance under this section pursuant to a final action under this section.
III. The provisions of paragraph I shall not be applicable in a city or in a county in which there are located unincorporated towns or unorganized places unless the governing body of the city or the county votes by majority vote to be subject to the provisions of such paragraph.
IV. The building inspector may be authorized by the local legislative body to issue a temporary occupancy permit not to exceed 30 days, which may be extended at the discretion of the building inspector.
V. No building permit shall be denied on the grounds of uncompleted streets or utilities when the construction of such streets or utilities has been secured to the municipality by a bond or other security approved by the planning board pursuant to RSA 674:36, III or RSA 674:44, IV; provided, however, that on land which is part of a subdivision plat or site plan, no building shall be used or occupied prior to the completion of required streets and utilities, except upon such terms as the planning board may have authorized as part of its decision approving the plat or site plan.
VI. The provisions of paragraph I shall not apply to any plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) prior to the first legal notice of a proposed change in a building code or zoning ordinance or any amendment thereto. No proposed subdivision or site plan review or zoning ordinance or amendment thereto shall affect a plat or application which has been the subject of notice by the planning board pursuant to RSA 676:4, I(d) so long as said plat or application was the subject of notice prior to the first legal notice of said change or amendment. The provisions of this paragraph shall also apply to proposals submitted to a planning board for design review pursuant to RSA 676:4, II(b), provided that a formal application is filed with the planning board within 12 months of the end of the design review process.
Source.
1983, 447:1. 1986, 200:1; 229:3. 1989, 266:31. 1991, 331:3. 2003, 134:1. 2006, 285:1. 2008, 229:1, eff. Aug. 19, 2008.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:13 - Building Permits Restricted.

676:13 Building Permits Restricted. –
I. The building inspector shall not issue any building or occupancy permit for any proposed construction, remodeling, or maintenance which will not comply with any or all zoning ordinances, building codes, or planning board regulations which are in effect.
II. If any building inspector is prosecuted for violation of RSA 643:1 and found guilty of issuing any permit contrary to the provisions of this section, it shall be prima facie evidence that the building inspector has knowingly refrained from performing a duty imposed on the building inspector by law.
III. The building inspector shall adopt a form or set of standards specifying the minimum contents of a completed application for any building permit. Upon the submission of a completed application, the building inspector shall act to approve or deny a building permit within 30 days; provided, however, that nonresidential applications or residential applications encompassing more than 10 dwelling units shall be approved or denied within 60 days.
IV. The time for the building inspector to act upon building permits for collocation applications and modification applications for personal wireless service facilities shall be governed by RSA 12-K:10. In the event that the form or set of standards for a building permit application conflicts with any of the limitations under RSA 12-K:11 for a collocation application or a modification application for a personal wireless service facility, the limitations in RSA 12-K:11 shall control.
Source.
1983, 447:1. 1986, 150:1. 1996, 226:3. 2013, 267:11, eff. Sept. 22, 2013.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:14 - Determination of Which Local Ordinance Takes Precedence.

676:14 Determination of Which Local Ordinance Takes Precedence. –
Whenever a local land use ordinance is enacted or a regulation is adopted which differs from the authority of an existing ordinance or other regulation, the provision which imposes the greater restriction or higher standard shall be controlling.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:15 - Injunctive Relief.

676:15 Injunctive Relief. –
In case any building or structure or part thereof is or is proposed to be erected, constructed, altered, or reconstructed, or any land is or is proposed to be used in violation of this title or of any local ordinance, code, or regulation adopted under this title, or of any provision or specification of an application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board acting under the authority of this title, the building inspector or other official with authority to enforce the provisions of this title or any local ordinance, code, or regulation adopted under this title, or the owner of any adjacent or neighboring property who would be specially damaged by such violation may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, alteration, or reconstruction.
Source.
1983, 447:1. 1988, 19:5, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:16 - Penalties for Transferring Lots in Unapproved Subdivisions.

676:16 Penalties for Transferring Lots in Unapproved Subdivisions. –
Any owner, or agent of the owner, of any land located within a subdivision in a municipality that has adopted subdivision regulations who transfers or sells any land before a plat of the subdivision has been approved by the planning board and filed with the appropriate recording official under RSA 674:35, II, shall forfeit and pay a civil penalty of $1,000 for each lot or parcel so transferred or sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties. The municipality may enjoin a transfer or sale which violates the provisions of this section and may recover the penalty imposed by civil action. In any action to recover a penalty, the prevailing party may recover reasonable court costs and attorney's fees as may be ordered by the court.
Source.
1983, 447:1. 1997, 92:3, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 676 - Administrative and Enforcement Procedures › Section 676:18 - Register of Deeds.

676:18 Register of Deeds. –
I. A register of deeds who files or records a plat of a subdivision without the approval of a planning board shall be guilty of a misdemeanor.
II. Notwithstanding the provisions of paragraph I, the register of deeds shall accept for recording a plat prepared and certified by a licensed land surveyor or by a former registered land surveyor if such plat bears a certificate by a licensed or registered land surveyor that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown. The recording of any such plat shall not relieve any owner from compliance with the provisions of this chapter.
II-a. Notwithstanding the provisions of paragraph I or II, the register of deeds may accept for recording a plat without the licensed land surveyor's seal if such plat was in existence on December 31, 1969, or if the plat has been incorporated into deeds or other instruments recorded before town zoning ordinances or planning board subdivision regulations, or both, became effective in that particular town.
III. The certificate by a licensed land surveyor shall be in the following form:
"I certify that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown."
Date: __________
_______________________
Licensed Land Surveyor
SEAL
IV. Prior to recording any plat in the registry of deeds, the surveyor shall file, for information purposes only, a copy of the survey with the town planning board.
V. All decisions of the district, superior, and supreme courts, which affect property boundaries, shall be recorded by the register of deeds in the registry of deeds for the county in which the site is situated, and, upon recordation, such decision shall run with the land. Subsequent to any probate court decision creating divisions of land, a survey plat shall be prepared by a licensed land surveyor, which, if approved by the probate court, shall be recorded, along with the court's decision, at the registry of deeds without local planning board approval. The recording of such decision or plat, however, shall not be deemed to authorize any transfer or development of the property in violation of any applicable local land use regulations adopted pursuant to this title.
Source.
1983, 447:1. 1985, 103:26. 1988, 233:2. 1989, 120:1, 2. 1990, 64:1, 2. 1995, 303:4, 5, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:1 - Procedure.

677:1 Procedure. –
Whenever a person or a municipality seeks a rehearing on or an appeal of a zoning-related order or decision, the procedures enacted under this chapter shall be followed.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:2 - Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions.

677:2 Motion for Rehearing of Board of Adjustment, Board of Appeals, and Local Legislative Body Decisions. –
Within 30 days after any order or decision of the zoning board of adjustment, or any decision of the local legislative body or a board of appeals in regard to its zoning, the selectmen, any party to the action or proceedings, or any person directly affected thereby may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the ground therefor; and the board of adjustment, a board of appeals, or the local legislative body, may grant such rehearing if in its opinion good reason therefor is stated in the motion. This 30-day time period shall be counted in calendar days beginning with the date following the date upon which the board voted to approve or disapprove the application in accordance with RSA 21:35; provided however, that if the moving party shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 5 business days after the vote pursuant to RSA 676:3, II, the person applying for the rehearing shall have the right to amend the motion for rehearing, including the grounds therefor, within 30 days after the date on which the written decision was actually filed. If the decision complained against is that made by a town meeting, the application for rehearing shall be made to the board of selectmen, and, upon receipt of such application, the board of selectmen shall hold a rehearing within 30 days after receipt of the petition. Following the rehearing, if in the judgment of the selectmen the protest warrants action, the selectmen shall call a special town meeting.
Source.
1983, 447:1. 1988, 131:4. 1994, 116:1. 1995, 243:3. 2000, 144:2. 2005, 105:1. 2009, 266:2, eff. Sept. 14, 2009.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:3 - Rehearing by Board of Adjustment, Board of Appeals, or Local Legislative Body.

677:3 Rehearing by Board of Adjustment, Board of Appeals, or Local Legislative Body. –
I. A motion for rehearing made under RSA 677:2 shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal from any order or decision of the zoning board of adjustment, a board of appeals, or the local legislative body shall be taken unless the appellant shall have made application for rehearing as provided in RSA 677:2; and, when such application shall have been made, no ground not set forth in the application shall be urged, relied on, or given any consideration by a court unless the court for good cause shown shall allow the appellant to specify additional grounds.
II. Upon the filing of a motion for a rehearing, the board of adjustment, a board of appeals, or the local legislative body shall within 30 days either grant or deny the application, or suspend the order or decision complained of pending further consideration. Any order of suspension may be upon such terms and conditions as the board of adjustment, a board of appeals, or the local legislative body may prescribe. If the motion for rehearing is against a decision of the local legislative body and if the selectmen, as provided in RSA 677:2, shall have called a special town meeting within 25 days from the receipt of an application for a rehearing, the town shall grant or deny the same or suspend the order or decision complained of pending further consideration; and any order of suspension may be upon such terms and conditions as the town may prescribe.
Source.
1983, 447:1. 1988, 131:5. 1994, 116:2, eff. July 10, 1994.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:4 - Appeal From Decision on Motion for Rehearing.

677:4 Appeal From Decision on Motion for Rehearing. –
Any person aggrieved by any order or decision of the zoning board of adjustment or any decision of the local legislative body may apply, by petition, to the superior court within 30 days after the date upon which the board voted to deny the motion for rehearing; provided however, that if the petitioner shows that the minutes of the meeting at which such vote was taken, including the written decision, were not filed within 5 business days after the vote pursuant to RSA 676:3, II, the petitioner shall have the right to amend the petition within 30 days after the date on which the written decision was actually filed. The petition shall set forth that such decision or order is illegal or unreasonable, in whole or in part, and shall specify the grounds upon which the decision or order is claimed to be illegal or unreasonable. For purposes of this section, "person aggrieved" includes any party entitled to request a rehearing under RSA 677:2.
Source.
1983, 447:1. 1994, 116:3. 1995, 243:4. 1996, 43:3. 2000, 144:3. 2009, 266:3, eff. Sept. 14, 2009.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:5 - Priority.

677:5 Priority. –
Any hearing by the superior court upon an appeal under RSA 677:4 shall be given priority on the court calendar.
Source.
1983, 447:1, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title LXIV - Planning and Zoning › Chapter 677 - Rehearing and Appeal Procedures › Section 677:6 - Burden of Proof.

677:6 Burden of Proof. –
In an appeal to the court, the burden of proof shall be upon the party seeking to set aside any order or decision of the zoning board of adjustment or any decision of the local legislative body to show that the order or decision is unlawful or unreasonable. All findings of the zoning board of adjustment or the local legislative body upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The order or decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said order or decision is unreasonable.
Source.
1983, 447:1, eff. Jan. 1, 1984.