TITLE LXIV
PLANNING AND ZONING

Chapter 675
ENACTMENT AND ADOPTION PROCEDURES

General Provisions

Section 675:1

    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.

Zoning Ordinance, Historic District Ordinance and Building Code Enactment Procedures

Section 675:2

    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.

Section 675:3

    675:3 Method of Enactment in Certain Towns and Village Districts. –
I. Any town not operating under the town council form of government, or any village district which is specifically authorized by law to enact a zoning ordinance, shall establish and amend a zoning ordinance, historic district ordinance, or building code upon the affirmative vote by ballot of a majority of the legal voters present and voting on the day of the meeting, as provided in paragraph VII. Any proposed zoning ordinance, as submitted by a planning board or any amendment to an existing zoning ordinance as proposed by a planning board, board of selectmen or village district commission shall be submitted to the voters of a town or village district in the manner prescribed in this section.
II. No zoning ordinance, historic district ordinance, or building code shall be established or amended at a town or village district meeting until after the planning board holds at least one public hearing on the proposed ordinance, code or amendment. Notice for the time and place of each public hearing shall be the same as that provided in RSA 675:7.
III. After the public hearing the planning board shall, by vote, determine the final form of the ordinance, amendment, or amendments to be presented to the town or village district, which ordinance or amendment may include editorial revisions and textual modifications resulting from the proceedings of that hearing.
IV. An additional public hearing shall be held if the proposal is substantively altered by the planning board after public hearing. Subsequent public hearings shall be held at least 14 days after the prior public hearing and with the notice provided in RSA 675:7.
V. Official copies of the final proposal to adopt or amend the zoning ordinance, historic district ordinance, or building code shall be placed on file and made available to the public at the town or village clerk's office not later than the fifth Tuesday prior to the date when action is to be taken. An official copy of the proposal shall be on display for the voters at the meeting place on the date of the meeting.
VI. Each village district must be specifically authorized to zone by the legislature.
VII. If the town or village district has adopted an official ballot for the election of its respective officers, the issue as to the adoption of the proposed ordinance, building code, or amendment shall be presented to the voters of the town or village district by having the town or village district clerk prepare an official ballot separate from the official ballot used to elect town or village district officers which shall include the following question, or by including the following question on the official ballot as prepared by the town or village district clerk:
"Are you in favor of the adoption of the zoning ordinance, historic district ordinance, or building code (or amendment to the existing town (village district) zoning ordinance, historic district ordinance, or building code) as proposed by the planning board?" In the event that there shall be more than a single proposed amendment to be submitted to the voters at any given meeting, the issue as to the several amendments shall be put in the following manner: "Are you in favor of the adoption of Amendment No. ___ as proposed by the planning board for the town (village district) zoning ordinance (historic district ordinance or building code) as follows: (Here insert topical description of substance of amendment.)?" If such action is to be taken at a meeting other than the one at which officers are to be elected, the clerk shall prepare a special ballot containing the question or questions above stated, and the meeting shall open not later than noon and shall remain open at least 8 hours. If such action is to be taken at a meeting in a town or village district which has not adopted an official ballot, the clerk may prepare a special ballot likewise separate from the ballot used to elect town or village district officers for the use of voters in voting on the question. If a majority of the voters present and voting on any question as herein provided shall vote in the affirmative, the ordinance or amendment thereto shall be declared to have been adopted. When submitting any question to the voters under this section, there shall be 2 squares printed after the question, one with the word "yes" beside it and another with the word "no" beside it.
VIII. If an amendment is submitted by the selectmen or village district commissioners, the ballot shall so indicate. A notation on the ballot stating the planning board's approval or disapproval shall immediately follow the question's description.
IX. 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 words "adoption" or "amendment."

Source. 1983, 447:1. 1985, 103:24; 266:2. 1990, 54:2. 1996, 43:1, eff. June 23, 1996.

Section 675:4

    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.

Section 675:4-a

    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.

Section 675:5

    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.

Section 675:6

    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.

Section 675:7

    675:7 Notice Requirements for Public Hearing. –
I. (a) Notice shall be given for the time and place of each public hearing held under RSA 675:2-4 and RSA 675:6 at least 10 calendar days before the hearing. The notice required under this section shall not include the day notice is posted or the day of the public hearing. Notice of each public hearing shall be published in a paper of general circulation in the municipality and shall be posted in at least 2 public places. Any person owning property in the municipality may request notice of all public hearings on proposed amendments to the zoning ordinance, and the municipality shall provide notice, at no cost to the person, electronically or by first class mail.
(b) In lieu of publication in a paper of general circulation pursuant to subparagraph (a), notice may be posted on the municipality's Internet website, if such exists. If notice is posted on the municipality's website in lieu of publication in a paper of general circulation, the notice shall:
(1) Appear prominently on the website's home page, or a link directly to the notice shall appear prominently on the home page;
(2) Be posted at the time stated in subparagraph (a) and shall remain on the website until the conclusion of the hearing; and
(3) Be posted in 2 other public places.
I-a. If a proposed amendment to a zoning ordinance would change a boundary of a zoning district and the change would affect 100 or fewer properties, notice of a public hearing on the amendment shall be sent by first class mail to the owners of each affected property. If a proposed amendment to a zoning ordinance would change the minimum lot sizes or the permitted uses in a zoning district that includes 100 or fewer properties, notice of a public hearing on the amendment shall be sent by first class mail to the owner of each property in the district. Notice by mail shall be sent to the address used for mailing local property tax bills, provided that a good faith effort and substantial compliance shall satisfy the notice by mail requirements of this paragraph.
I-b. In the case of a petitioned zoning amendment as authorized in RSA 675:4, the petitioners shall be responsible for the cost of notice by mail under paragraph I-a. If the full cost of notice is not paid at the time of submission, the municipality shall inform the voter whose name appears first on the petition of the cost of notice within 5 business days, and the balance shall be paid within another 5 business days. If full payment is not made and received within 5 business days, the selectmen or village district commissioners may, in their discretion, decide to accept or decline the petition for submission. Failure by the municipality to inform the responsible person of the cost of notice shall be deemed a waiver of the payment requirement.
II. The full text of the proposed master plan, zoning ordinance, building code, subdivision regulation, site plan review regulation and historic district regulation, ordinance, or amendment need not be included in the notice if an adequate statement describing the proposal and designating the place where the proposal is on file for public inspection is stated in the notice. The notice of a hearing on a proposed amendment to a zoning ordinance to be sent electronically or by first class mail shall include a statement describing, to the greatest extent practicable and in easily understood language, the proposed changes to the zoning ordinance, the areas affected, and any other information calculated to improve public understanding of the proposal.

Source. 1983, 447:1. 1985, 103:24. 2014, 161:8, eff. July 10, 2014. 2017, 231:1, eff. Sept. 16, 2017. 2020, 8:1, eff. Sept. 8, 2020.

Section 675:8

    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.

Section 675:9

    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.