Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 674:39 · Seven-Year Exemption

Title
LXIV: PLANNING AND ZONING
Chapter
674 · LOCAL LAND USE PLANNING AND REGULATORY POWERS
Status
current
Official source linked
Yes
Official source Copy section link

674:39 Seven-Year Exemption. –

Copy link
I.

Every subdivision plat approved by the planning board and properly recorded in the registry of deeds and every site plan approved by the planning board and properly recorded in the registry of deeds, if recording of site plans is required by the planning board or by local regulation, shall be exempt from all subsequent changes in subdivision regulations, site plan review regulations, impact fee ordinances, and zoning ordinances adopted by any city, town, or county in which there are located unincorporated towns or unorganized places, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of 7 years after the date of approval; provided that:

Copy link
(a)

Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved subdivision plat within 3 years after the date of approval, or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the city, town, or county in which there are located unincorporated towns or unorganized places, at the time of commencement of such development;

Copy link
(b)

Development remains in full compliance with the public health regulations and ordinances specified in this section; and

Copy link
(c)

At the time of approval and recording, the subdivision plat or site plan conforms to the subdivision regulations, site plan review regulations, and zoning ordinances then in effect at the location of such subdivision plat or site plan.

Copy link
II.

Once substantial completion of the improvements as shown on the subdivision plat or site plan has occurred in compliance with the approved subdivision plat or site plan or the terms of said approval or unless otherwise stipulated by the planning board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in subdivision regulations, site plan regulations, or zoning ordinances, except impact fees adopted pursuant to RSA 674:21 and 675:2-4, shall operate to affect such improvements.

Copy link
III.

The planning board may, as part of its subdivision and site plan regulations or as a condition of subdivision plat or site plan approval, specify the threshold levels of work that shall constitute the following terms, with due regard to the scope and details of a particular project:

Copy link
(a)

"Substantial completion of the improvements as shown on the subdivision plat or site plan," for purposes of fulfilling paragraph II; and

Copy link
(b)

"Active and substantial development or building," for the purposes of fulfilling paragraph I.

Copy link
IV.

Failure of a planning board to specify by regulation or as a condition of subdivision plat or site plan approval what shall constitute "active and substantial development or building" shall entitle the subdivision plat or site plan approved by the planning board to the 7-year exemption described in paragraph I. The planning board may, for good cause, extend the 3-year period set forth in subparagraph I(a).

Copy link
V.

The 7-year period and 3-year exemption in this section shall apply to any approval granted on or after July 1, 2023. Source. 1983, 447:1. 1989, 266:17, 18. 1991, 331:1, 2. 1995, 43:5; 291:7, 8. 2004, 199:1. 2009, 93:1. 2011, 215:1, eff. June 27, 2011. 2025, 186:1, eff. July 1, 2025.

Copy link

Source note

Source. 1983, 447:1. 1989, 266:17, 18. 1991, 331:1, 2. 1995, 43:5; 291:7, 8. 2004, 199:1. 2009, 93:1. 2011, 215:1, eff. June 27, 2011. 2025, 186:1, eff. July 1, 2025.

Source history

  • 1983, 447:1
  • 1989, 266:17, 18
  • 1991, 331:1, 2
  • 1995, 43:5; 291:7, 8
  • 2004, 199:1
  • 2009, 93:1
  • 2011, 215:1, eff. June 27, 2011
  • 2025, 186:1, eff. July 1, 2025

Related materials

Bill relationships

  • 2026 HB1007 reference

    aled and reenacted to read as follows: 674:32 Manufactured Housing. I. Municipalities shall afford reasonable opportunities for the siting of manufactured housing, as defined in RSA 674: 31, and shall not exclude manufactured housing completely from the municipality by regulation or zoning ordinance. A municipality that adopts land use control measures shall make reasonable efforts to allow manufacture

  • 2026 HB1008 amend

    tent with RSA 674:60, IV to be recorded in the registry of deeds to enforce compliance with these definitions. 2 New Section; Inclusionary Zoning Requirements and Appeal. Amend RSA 674 by inserting after section 80 the following new section: 674:80-a Inclusionary Zoning Requirements and Appeal. I. If a municipality requires inclusionary zoning, as defined in RSA 674:21, the applicant may demonstra

  • 2026 HB1023 amend

    rcial units by right. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Accessory Commercial Units Allowed by Right. Amend RSA 674 by inserting after section 72 the following new section: 674:72-a Accessory Commercial Units. I. In this section, "accessory commercial unit" means a subordinate commercial space that: (a) Is located on the same lot

  • 2026 HB1050 amend

    icipally zoned and non-zoned areas. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Learning Pod Protection. Amend RSA 674 by inserting after section 76 the following new subdivision: Learning Pod Protection 674:77 Definitions. In this subdivision: I. "Learning pod" means providing educational instruction to voluntarily associated chi

  • 2026 HB1079 reference

    or lot coverage. Any structure containing an accessory dwelling unit approved and built after July 1, 2025 shall receive protection from future zoning changes in accordance with RSA 674:39, II provided the structure meets the time periods for reaching active and substantial development in RSA 674:39, I(a) and substantial completion in RSA 674:39, I. (b) If an existing structure does not comply with cu

  • 2026 HB1195 amend · effective 2026-07-01

    e-based child care facility is located, an applicant may begin operation during such time until the permit is granted or denied.] 2 New Subdivision; Child Care Centers. Amend RSA 674 by inserting after section 80 the following new subdivision: Child Care Centers 674:81 Child Care Centers. I. In this section: (a) ?“Child care center” means any of the following types of child day care agenc

  • 2026 HB1251 amend

    ing inconsistent with existing neighborhood density. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Downzoning. Amend RSA 674 by inserting after section 21-a the following new section: 674:21-b Residential Construction Consistent with Existing Neighborhood Density. In this section: I. "Downzone" or "downzoning" means changing a zoning ord

  • 2026 HB1303 amend

    ar authority to include canopy preservation provisions in zoning and master planning. 2 New Section; Local Land Use Planning; Zoning; Tree Canopy Preservation Authorized. Amend RSA 674 by inserting after section 16-a the following new section: 674:16-b Tree Canopy Preservation Authorized. I. A municipality may, at its discretion, adopt zoning ordinances or master plan provisions providing for th

  • 2026 HB1351 amend · effective 2027-01-01

    pact home enterprises while preserving neutral nuisance, noise, traffic, and safety standards. 2 New Subdivision; Home-Based Businesses, Uniform Standard, and Preemption. Amend RSA 674 by inserting after section 80 the following new subdivision: Home-Based Businesses, Uniform Standard, and Preemption 674:81 Definitions. In this subdivision: I. “Home-based business” means any lawful business,

  • 2026 HB1357 amend

    IV. “Retailer” means a person or entity engaged in the distribution or sale of manufactured homes. 3 New Section; Allowing New Manufactured Housing in Residential Zones. Amend RSA 674 by inserting after section 31-a the following new section: 674:31-b Permitting New Manufactured Housing on Individual Lots in Residential Zones. I. Notwithstanding any other provision of law to the contrary, newly b

  • 2026 HB1660 amend · effective 2037-04-01

    nicipalities in completing annual reports under this section. 10 New Section; Planning and Zoning; Local Land Use Planning and Regulatory Powers; Senior Housing Access. Amend RSA 674 by inserting after section 59 the following new section: 674:59-a Senior Housing Access. I. Municipalities shall provide reasonable and realistic opportunities to senior housing access. Such opportunities shall b

  • 2026 HB1681 amend

    nnovative housing structures. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Innovative Housing Structures. Amend RSA 674 by inserting after section 80 the following new subdivision: Innovative Housing Structures 674:81 Definitions. As used in this subdivision: I. “Dwelling site” means the property where the innovative housing stru

Opinions and discipline decisions mentioning this RSA