Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Attorney
    • John F. Hayes, Attorney
    • David Howard, Attorney
    • Ariana Baldasaro McQuarrie, Attorney
    • Jason Curtis, Attorney
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
Home » Blog » Local Land Use Law: A Brief Introduction, Part I

Local Land Use Law: A Brief Introduction, Part I

New Hampshire’s system of government is best captured by our state motto: “Live Free or Die.” In comparison to other states, including neighboring states in New England, New Hampshire emphasizes local governance. It empowers municipalities to establish robust local boards to regulate and enforce municipal-specific issues, including local land use issues.

RSA 673:1 permits any local legislative body to establish local land use boards. This includes planning boards, heritage commissions, and agricultural commissions, among others. It also permits local legislative bodies to adopt zoning ordinances that include provisions for the establishment of a zoning board of adjustment (“ZBA”). Members of the ZBA may be elected or appointed, subject to the provisions of RSA 673:3. Additionally, local legislative bodies are permitted to include provisions for the establishment of a building inspector and a building code board of appeals. RSA 673:1.

Each local land use board and position in a municipality operates under regulations enumerated in New Hampshire statutes. They also operate under any and all applicable local ordinances. While the New Hampshire statutes bestow certain inherent powers and obligations to boards (for example, planning boards are statutorily required to prepare and amend, from time to time, a master plan to guide the development of the municipality per RSA 674:1(I)), local ordinances may enhance or modify the scope of boards in non-statutorily defined roles.

The Role of Attorneys

The complex local system of governance in New Hampshire municipalities often requires the help of an attorney at some level to navigate. For example, attorneys are often helpful for individuals or developers looking to file official applications with local land use boards. These can include site plan applications or subdivision applications. This helps to ensure sufficient and appropriate information is presented upon application to expedite the process through the local level. This is particularly helpful for those individuals or developers on a planned timeline. Remember, most local boards only hold one public meeting per month. Continuances due to insufficient applications can often create long delays in the approval process.

This series, “Local Land Use Law: A Brief Introduction” will continue next month. Part II explores the specific role, duties, and obligations of ZBAs in town governance, including appeal procedures. For more information on land use law, please contact Alfano Law Office at (603) 856-8411. You can also contact us here.

Filed Under: General, Real Estate Law, Zoning Boards of Adjustments Tagged With: agriculture commissions, heritage commissions, Local Land Use Law, planning boards

The above information is for informational purposes only and does not constitute legal advice.

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA

NH Real Estate Law Articles

  • Airbnb
  • Common Neighborly Legal Issues
  • Court Updates
  • Dealing with Neighbors
  • Easements
  • Estate Planning
  • General
  • Historic Designation
  • Legal Documents
  • Legal Terms
  • Legislation
    • Business Law
  • Living Trust
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

Nonuse of an Easement vs. Adverse Possession: What is the Difference?

Easements sometimes sit dormant for decades, even … [Read More...]

A Landmark Decision on Short-Term Rentals and Zoning

Town of Conway v. Kudrick: A Landmark Decision on … [Read More...]

A Lesson in Preemption and Local Zoning Ordinances

Joy Street, LLC v. Town of Chesterfield: A Lesson in … [Read More...]

Confirm Your Boundary Lines Before Purchasing Property

When buying a new house, it is important to have a property … [Read More...]

Article Archives

  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2023 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC