New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 674:16 (2026)
Grant of Power
✓ current as of May 2026
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674:16 Grant of Power. –
I. For the purpose of promoting the health, safety, or the general welfare of the community, the local legislative body of any city, town, or county in which there are located unincorporated towns or unorganized places is authorized to adopt or amend a zoning ordinance under the ordinance enactment procedures of RSA 675:2-5. The zoning ordinance shall be designed to regulate and restrict:
(a) The height, number of stories and size of buildings and other structures;
(b) Lot sizes, the percentage of a lot that may be occupied, and the size of yards, courts and other open spaces;
(c) The density of population in the municipality; and
(d) The location and use of buildings, structures and land used for business, industrial, residential, or other purposes.
II. The power to adopt a zoning ordinance under this subdivision expressly includes the power to adopt innovative land use controls which may include, but which are not limited to, the methods contained in RSA 674:21.
III. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate and control the timing of development as provided in RSA 674:22.
IV. Except as provided in RSA 424:5 or RSA 422-B or in any other provision of Title XXXIX, no city, town, or county in which there are located unincorporated towns or unorganized places shall adopt or amend a zoning ordinance or regulation with respect to antennas used exclusively in the amateur radio services that fails to conform to the limited federal preemption entitled Amateur Radio Preemption, 101 FCC 2nd 952 (1985) issued by the Federal Communications Commission.
V. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate and control accessory uses on private land. Unless specifically proscribed by local land use regulation, aircraft take offs and landings on private land by the owner of such land or by a person who resides on such land shall be considered a valid and permitted accessory use.
VI. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places shall, as described in RSA 672:1, V-a, allow home-based care (family care and group family care) by right or pursuant to a conditional use permit as long as all requirements for such programs adopted in rules of the department of health and human services (He-C 4002) are met. Family or group family child care shall be allowed as an accessory use to any primary residential use and shall not be subject to local site plan review in any zone where a primary residential use is permitted. If all requirements of the department of health and human services are met, but an application for a conditional use permit is pending with the municipality in which the home-based child care facility is located, an applicant may begin operation during such time until the permit is granted or denied.
VII. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate accessory parking for vehicles, but shall not require more than 1.5 residential parking spaces per unit for studio and one bedroom units under 1000 square feet that meet the requirements for workforce housing under RSA 674:58, IV, and shall not require more than 1.5 residential parking spaces per unit for multi-family developments of 10 units or more.
I. For the purpose of promoting the health, safety, or the general welfare of the community, the local legislative body of any city, town, or county in which there are located unincorporated towns or unorganized places is authorized to adopt or amend a zoning ordinance under the ordinance enactment procedures of RSA 675:2-5. The zoning ordinance shall be designed to regulate and restrict:
(a) The height, number of stories and size of buildings and other structures;
(b) Lot sizes, the percentage of a lot that may be occupied, and the size of yards, courts and other open spaces;
(c) The density of population in the municipality; and
(d) The location and use of buildings, structures and land used for business, industrial, residential, or other purposes.
II. The power to adopt a zoning ordinance under this subdivision expressly includes the power to adopt innovative land use controls which may include, but which are not limited to, the methods contained in RSA 674:21.
III. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate and control the timing of development as provided in RSA 674:22.
IV. Except as provided in RSA 424:5 or RSA 422-B or in any other provision of Title XXXIX, no city, town, or county in which there are located unincorporated towns or unorganized places shall adopt or amend a zoning ordinance or regulation with respect to antennas used exclusively in the amateur radio services that fails to conform to the limited federal preemption entitled Amateur Radio Preemption, 101 FCC 2nd 952 (1985) issued by the Federal Communications Commission.
V. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate and control accessory uses on private land. Unless specifically proscribed by local land use regulation, aircraft take offs and landings on private land by the owner of such land or by a person who resides on such land shall be considered a valid and permitted accessory use.
VI. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places shall, as described in RSA 672:1, V-a, allow home-based care (family care and group family care) by right or pursuant to a conditional use permit as long as all requirements for such programs adopted in rules of the department of health and human services (He-C 4002) are met. Family or group family child care shall be allowed as an accessory use to any primary residential use and shall not be subject to local site plan review in any zone where a primary residential use is permitted. If all requirements of the department of health and human services are met, but an application for a conditional use permit is pending with the municipality in which the home-based child care facility is located, an applicant may begin operation during such time until the permit is granted or denied.
[Paragraph VII effective January 1, 2025.]
VII. In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate accessory parking for vehicles, but shall not require more than 1.5 residential parking spaces per unit for studio and one bedroom units under 1000 square feet that meet the requirements for workforce housing under RSA 674:58, IV, and shall not require more than 1.5 residential parking spaces per unit for multi-family developments of 10 units or more.
Source. 1983, 447:1. 1985, 103:19. 1989, 266:14, 15. 1995, 176:1. 1996, 218:1, eff. Aug. 9, 1996. 2024, 271:2, eff. Sept. 24, 2024; 370:1, eff. Jan. 1, 2025.
Notes of Decisions
Cited in 34
cases (5 in the last 5 years), 1985–2025 · leading case: Tonnesen v. Town of Gilmanton, 943 A.2d 782 (N.H. 2008).
Tonnesen v. Town of Gilmanton, 943 A.2d 782 (N.H. 2008). “) denying his petition for a declaratory judgment that, pursuant to RSA 674:16, V (Supp. 2007), aircraft takeoffs and landings are a valid and permitted use of his property.”
K.L.N. Constr. Co., Inc. & a. v. Town of Pelham, 167 N.H. 180 (N.H. 2014). “In 1999, the Town adopted an impact fee ordinance pursuant to RSA 674:16 (2008) and RSA 674:21, V (2008) (amended 2012).”
Signs for Jesus v. Pembroke, NH, 977 F.3d 93 (1st Cir. 2020). “See N.H. Rev. Stat. Ann. § 674:16 ; John T. Clark & Son, Inc.”
Green Crow Corp. v. Town of New Ipswich, 950 A.2d 163 (N.H. 2008). “For example, the local legislative body, which is the basic form of government utilized by a municipality (such as a mayor or town meeting), RSA 672:8 (1996), may adopt a zoning ordinance, RSA 674:16 (Supp. 2007), which may include innovative land use controls, RSA 674:16, II.”
Spengler v. Porter, 737 A.2d 1121 (N.H. 1999). “” RSA 674:16, V (Supp. 1998). Asserting that the zoning ordinance did not “specifically proscribe” their use of the landing strip, the defendants resumed takeoffs and landings.”
Britton v. Town of Chester, 595 A.2d 492 (N.H. 1991). “RSA 674:16 authorizes the local legislative body of any city or town to adopt or amend a zoning ordinance “[f]or the purpose of promoting the health, safety, or the general welfare of the commu nity.”
David F. Dietz & a. v. Town of Tuftonboro, 201 A.3d 65 (N.H. 2019). “When a lot or other division of land, or structure thereupon, is discovered to be in violation of a physical layout or dimensional requirement imposed by a zoning ordinance enacted pursuant to RSA 674:16, the zoning board of adjustment shall, upon application by and with the…”
Signs for Jesus v. Town of Pembroke, 230 F. Supp. 3d 49 (D.N.H. 2017). “See N.H. Rev. Stat Ann. § 674:16. Under these circumstances, no reasonable observer could conclude that the Church and Pembroke Academy are similarly situated when it comes to the Town’s ability to regulate proposed land uses.”
Marchand v. Town of Hudson, 788 A.2d 250 (N.H. 2001). “RSA 674:16; 17; III: we do not get to prohibit Hamm [sic] radio.”
Asselin v. Town of Conway, 628 A.2d 247 (N.H. 1993). “We next consider whether the State zoning enabling act authorized the town to pass the sign illumination provision solely to promote aesthetic values, including preserving scenic vistas, discouraging development from competing with the natural environment, and promoting the…”
Lakeside Lodge, Inc. v. Town of New London, 960 A.2d 1268 (N.H. 2008). “RSA 674:16 (2008). An overlay district, such as that created by the 1991 ordinance, is one “that is superimposed over one or more zoning districts .”
Boulders at Strafford, LLC v. Town of Strafford, 903 A.2d 1021 (N.H. 2006). “142, 145 (2005); RSA 674:16, I (1996). In determining whether an ordinance is a proper exercise of the town’s police power, and thus able to withstand a substantive due process challenge under the State Constitution, we apply the rational basis test.”
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