New Hampshire Planning and Zoning Statutes

Revised Statutes §§672–678, Amended 2018

By: State of New Hampshire

Table of Contents

Accessory Dwelling Units

New Hampshire state law requires all localities to permit, either by-right or subject to a discretionary review, attached or internal accessory dwelling units (ADUs) in all zoning districts that permit single-family dwellings. If a local zoning ordinance does not address ADUs, they are permitted by-right. The law also specifies how local zoning standards for ADUs can or must address doors between units, parking, dimensional standards, water supply and sewage, owner occupancy, design, relationship status of occupants, number of bedrooms, and qualification for workforce housing status (§674.72). The law does not require localities to permit detached ADUs, but it does explicitly authorize them to do so (§674.73).

Capital Improvements Programming

These statutes authorize planning boards to prepare a six-year capital improvements program (§674:5–8). They also establish requirements for CIPs and CIP committees.

Transfer of Development Rights

New Hampshire’s planning and zoning enabling statutes authorize municipalities to establish transfer of development rights programs through zoning (§674.21).

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