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RSA 676:7 · Public Hearing; Notice

676:7 Public Hearing; Notice. –

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I.

Prior to exercising its appeals powers, the board of adjustment shall hold a public hearing. Notice of the public hearing shall be given as follows:

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(a)

The appellant and every abutter and holder of conservation, preservation, or agricultural preservation restrictions shall be notified of the hearing by verified mail, as defined in RSA 21:53, stating the time and place of the hearing, and such notice shall be given not less than 5 days before the date fixed for the hearing of the appeal. The board shall hear all abutters and holders of conservation, preservation, or agricultural preservation restrictions desiring to submit testimony and all nonabutters who can demonstrate that they are affected directly by the proposal under consideration. The board may hear such other persons as it deems appropriate.

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(b)

A public notice of the hearing shall be placed in a newspaper of general circulation in the area not less than 5 days before the date fixed for the hearing of the appeal.

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II.

The public hearing shall be held within 45 days of the receipt of the notice of appeal.

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III.

Any party may appear in person or by the party's agent or attorney at the hearing of an appeal.

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IV.

The cost of notice, whether mailed, posted, or published, shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the board to terminate further consideration and to deny the appeal without public hearing.

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V.

If the board of adjustment finds that it cannot conclude the public hearing within the time available, it may vote to continue the hearing to a specified time and place with no additional notice required. Source. 1983, 447:1. 1985, 159:25. 1996, 226:1. 1997, 142:6, eff. Aug. 8, 1997. 2017, 4:1, eff. May 30, 2017; 59:5, eff. Aug. 1, 2017. 2019, 2:1, eff. July 9, 2019; 242:3, eff. Oct. 10, 2019. Historic District Commission

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Source note

Source. 1983, 447:1. 1985, 159:25. 1996, 226:1. 1997, 142:6, eff. Aug. 8, 1997. 2017, 4:1, eff. May 30, 2017; 59:5, eff. Aug. 1, 2017. 2019, 2:1, eff. July 9, 2019; 242:3, eff. Oct. 10, 2019. Historic District Commission

Source history

  • 1983, 447:1
  • 1985, 159:25
  • 1996, 226:1
  • 1997, 142:6, eff. Aug. 8, 1997
  • 2017, 4:1, eff. May 30, 2017; 59:5, eff. Aug. 1, 2017
  • 2019, 2:1, eff. July 9, 2019; 242:3, eff. Oct. 10, 2019. Historic District Commission

Related materials

Bill relationships

  • 2026 HB1181 repeal

    for zoning board of adjustment appeals. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Zoning Board of Adjustment Public Hearings. RSA 676:7, I(b) is repealed and reenacted to read as follows: (b) A public notice of the hearing shall be posted on the municipality’s public website not less than 5 days before the date fixed for the hearing of the appeal.

  • 2026 HB1181-FN repeal

    for zoning board of adjustment appeals. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Zoning Board of Adjustment Public Hearings. RSA 676:7, I(b) is repealed and reenacted to read as follows: (b) A public notice of the hearing shall be posted on the municipality’s public website not less than 5 days before the date fixed for the hearing of the appeal.

  • 2026 SB508 amend

    hwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 2 New Section; Stamping and Acceptance of Revised Plans. Amend RSA 676 by inserting after section 5 the following new section: 676:5-a Stamping and Acceptance of Revised Plans. I. Each city, town, or municipality shall stamp and accept revised plans submitted by an applicant within 10 b

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