Best Land Use & Zoning Lawyers in New Hampshire

About Land Use & Zoning Law in New Hampshire, United States

Land use and zoning law in New Hampshire regulates how land within the state can be used and developed. Zoning ordinances are typically adopted and enforced by municipalities rather than the state, which means that each town or city may have unique rules and regulations. These ordinances divide the community into districts or zones and specify allowable uses, such as residential, commercial, agricultural, or industrial. Land use laws are designed to promote orderly development, balance community needs, protect property values, and ensure public health and safety.

Why You May Need a Lawyer

There are many situations in which legal advice or representation can be critical in land use and zoning matters. Homeowners, developers, business owners, and nonprofit organizations often encounter complex zoning regulations when seeking to buy, sell, or develop land. Here are a few examples of when legal help might be necessary:

• You want to change the use of your property and need a zoning variance or special exception
• You are facing opposition to a land development project from neighbors or local authorities
• You have been cited for a zoning violation and want to contest it
• You need to appeal a decision made by a local planning board or zoning board of adjustment
• You wish to subdivide land or consolidate parcels
• You are negotiating land use agreements or easements with other parties
• You are concerned about environmental regulations affecting your property

A lawyer specializing in land use and zoning can guide you through application processes, interpret local ordinances, represent you in hearings, protect your rights, and help avoid costly delays or legal mistakes.

Local Laws Overview

New Hampshire’s land use and zoning regulations primarily operate at the municipal level. Each city or town adopts its own zoning ordinance, subdivision regulations, and related policies, in accordance with enabling statutes found in state law, mainly in Title LXIV of the New Hampshire Revised Statutes Annotated (RSAs). Key points include:

• Zoning Boards of Adjustment (ZBAs) hear requests for variances, administrative appeals, and special exceptions
• Planning Boards review site plans, subdivision applications, and sometimes advise on master plans and zoning changes
• Master Plans guide the long-term development of a community and provide the underlying rationale for zoning ordinances
• Variances and Special Exceptions allow for certain relief or flexibility within the zoning code under specific circumstances
• Notice and Hearing Requirements ensure that affected parties are given an opportunity to participate in zoning decisions
• Appeals from ZBA decisions can be taken to the Superior Court and, in some cases, to the New Hampshire Housing Appeals Board or Supreme Court

In addition to local and state requirements, some projects may be subject to federal or state environmental reviews, especially those impacting wetlands, shoreland, or protected species.

Frequently Asked Questions

What is zoning?

Zoning is the process by which local governments divide land into zones that regulate allowable uses, density, building size, and other land use parameters to promote orderly growth and protect community interests.

How do I find out the zoning for my property?

You can find the zoning designation for your property by contacting your local town or city planning department or zoning office. Most municipalities have zoning maps and ordinances available, either online or in print.

What is a variance, and how do I apply for one?

A variance allows you to use your property in a way that does not fully comply with the zoning ordinance. You must apply to your local Zoning Board of Adjustment, show that special conditions exist, and demonstrate that strict enforcement would cause unnecessary hardship.

What is a special exception?

A special exception is a specific use that is permitted under the zoning ordinance if certain conditions or criteria are met. The Zoning Board of Adjustment decides whether the proposed use qualifies for a special exception.

Can I appeal a zoning decision?

Yes, if you are aggrieved by a decision of a zoning or planning board, you can generally appeal to the New Hampshire Superior Court. There are also options for certain types of appeals to the Housing Appeals Board or the Supreme Court.

What is a nonconforming use?

A nonconforming use is an existing land use or structure that does not comply with current zoning requirements but was legally established according to previous rules. Some nonconforming uses may be “grandfathered” but can lose their status under certain conditions.

Are there restrictions on subdividing land in New Hampshire?

Yes, subdividing land is regulated by local planning boards, which have authority to review and approve subdivision plats to ensure compliance with local regulations and master plans.

How are neighbors notified about proposed projects?

Most zoning and land use applications require public notice, which usually includes mailings to abutters and posted notices or advertisements in local newspapers. Public hearings are often required.

What role does the master plan play in zoning?

A municipal master plan lays out the long-term vision for a town or city’s development. It is used as the basis for local zoning ordinances and policies, but is not legally enforceable on its own.

What can I do if I disagree with a neighbor’s proposed use of their property?

You may submit comments during public hearings, file an objection as an abutter, and if you are dissatisfied with a board's decision, you may have standing to appeal the matter to a higher authority.

Additional Resources

For further guidance, consider these New Hampshire land use and zoning resources:

• Local town or city planning departments and zoning boards
• New Hampshire Office of Strategic Initiatives
• New Hampshire Bar Association’s Lawyer Referral Service
• University of New Hampshire Cooperative Extension’s land use education program
• New Hampshire Municipal Association
• New Hampshire Housing Appeals Board

Next Steps

If you believe you need legal help with a land use or zoning issue in New Hampshire, start by understanding your municipality’s specific ordinances and identifying which board or office handles your type of case. Gather all relevant documents about your property and any correspondence you have received.

You may wish to consult a lawyer experienced in New Hampshire land use and zoning law, particularly if you are facing a zoning violation, need a variance, plan a significant development, or are involved in a dispute with neighbors or local authorities. Many lawyers offer initial consultations to review your matter and advise on your options. You may also utilize the New Hampshire Bar Association’s referral service to connect with qualified attorneys.

Acting promptly and seeking professional advice can help protect your interests, ensure compliance with the law, and increase the likelihood of a successful outcome for your land use or zoning matter.