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 Legal information may be incomplete, outdated, or incorrectly processed.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This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.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 674:61 · Appeals

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

674:61 Appeals. –

Copy link
I.

Any person who has filed the written notice required by RSA 674:60, and whose application to develop workforce housing is denied or is approved with conditions or restrictions which have a substantial adverse effect on the viability of the proposed workforce housing development may appeal the municipal action to the superior court under RSA 677:4 or RSA 677:15 seeking permission to develop the proposed workforce housing. The petition to the court shall set forth how the denial is due to the municipality's failure to comply with the workforce housing requirements of RSA 674:59 or how the conditions or restrictions of approval otherwise violate such requirements.

Copy link
II.

A hearing on the merits of the appeal shall be held within 6 months of the date on which the action was filed unless counsel for the parties agree to a later date, or the court so orders for good cause. If the court determines that it will be unable to meet this requirement, at the request of either party it shall promptly appoint a referee to hear the appeal within 6 months. Referees shall be impartial, and shall be chosen on the basis of qualifications and experience in planning and zoning law.

Copy link
III.

In the event the decision of the court or referee grants the petitioner a judgment that allows construction of the proposed development or otherwise orders that the proposed development may proceed despite its nonconformance with local regulations, conditions, or restrictions, the court or referee shall direct the parties to negotiate in good faith over assurances that the project will be maintained for the long term as workforce housing. The court or referee shall retain jurisdiction and upon motion of either party affirming that negotiations are deadlocked, the court or referee shall hold a further hearing on the appropriate term and form of use restrictions to be applied to the project. Source. 2008, 299:2, eff. Jan. 1, 2010. Small Wind Energy Systems

Copy link

Source note

Source. 2008, 299:2, eff. Jan. 1, 2010. Small Wind Energy Systems

Source history

  • 2008, 299:2, eff. Jan. 1, 2010. Small Wind Energy Systems

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 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 reference · effective 2037-04-01

    ant to this section that would, in effect, exclude senior housing access. III. Appeals for senior housing access may be taken, pursuant to this section, in the same manner as in RSA 674:61. IV. No blanket zoning or local control preserve requirements shall be required under this section. 11 Applicability; Credit Enhancement Agreements. Credit enhancement agreements executed prior to April 1, 2037, pur

  • 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