New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 674:23 (2026)
Temporary Moratoria and Limitations on Building Permits and the Approval of Subdivisions and Site Plans
✓ current as of May 2026
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674:23 Temporary Moratoria and Limitations on Building Permits and the Approval of Subdivisions and Site Plans. –
I. Upon recommendation of the planning board, the local legislative body may adopt or amend an ordinance establishing a moratorium or limitation on the issuance of building permits or the granting of subdivision or site plan approval for a definite term.
II. An ordinance may be adopted under this section in unusual circumstances that affect the ability of the municipality to provide adequate services and require prompt attention and to develop or alter a growth management process under RSA 674:22, a zoning ordinance, a master plan, or capital improvements program.
III. An ordinance under this section shall contain:
(a) A statement of the circumstances giving rise to the need for the moratorium or limitation.
(b) The planning board's written findings, on which subparagraph III(a) is based, which shall be included as an appendix to the ordinance.
(c) The term of the ordinance which shall not be more than one year.
(d) A list of the types or categories of development to which the ordinance applies.
(e) A description of the area of the municipality, if less than the entire municipality, to which the ordinance applies.
IV. An ordinance under this section shall be based on written findings by the planning board which:
(a) Describe the unusual circumstances that justify the ordinance.
(b) Recommend a course of action to correct or alleviate such circumstances.
V. An ordinance under this section may provide for the exemption from the moratorium or limitation of those types or categories of development that have minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VI. An ordinance under this section may provide for a special exception or conditional use permit to allow development that has minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VII. Additional ordinances may be adopted under this section only if they are based on circumstances that did not exist at the time of any prior ordinance. The authority to adopt ordinances under this section shall not be used to circumvent a municipality's need for a growth management ordinance under RSA 674:22.
I. Upon recommendation of the planning board, the local legislative body may adopt or amend an ordinance establishing a moratorium or limitation on the issuance of building permits or the granting of subdivision or site plan approval for a definite term.
II. An ordinance may be adopted under this section in unusual circumstances that affect the ability of the municipality to provide adequate services and require prompt attention and to develop or alter a growth management process under RSA 674:22, a zoning ordinance, a master plan, or capital improvements program.
III. An ordinance under this section shall contain:
(a) A statement of the circumstances giving rise to the need for the moratorium or limitation.
(b) The planning board's written findings, on which subparagraph III(a) is based, which shall be included as an appendix to the ordinance.
(c) The term of the ordinance which shall not be more than one year.
(d) A list of the types or categories of development to which the ordinance applies.
(e) A description of the area of the municipality, if less than the entire municipality, to which the ordinance applies.
IV. An ordinance under this section shall be based on written findings by the planning board which:
(a) Describe the unusual circumstances that justify the ordinance.
(b) Recommend a course of action to correct or alleviate such circumstances.
V. An ordinance under this section may provide for the exemption from the moratorium or limitation of those types or categories of development that have minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VI. An ordinance under this section may provide for a special exception or conditional use permit to allow development that has minimal or no impact on the circumstances giving rise to the moratorium or limitation.
VII. Additional ordinances may be adopted under this section only if they are based on circumstances that did not exist at the time of any prior ordinance. The authority to adopt ordinances under this section shall not be used to circumvent a municipality's need for a growth management ordinance under RSA 674:22.
Source. 1983, 447:1. 1989, 266:16. 1997, 15:1. 2008, 360:2, eff. July 11, 2008.
Notes of Decisions
Cited in 3
cases, 1986–2019 · leading case: Weare Land Use Ass'n v. Town of Weare, 899 A.2d 255 (N.H. 2006).
Weare Land Use Ass'n v. Town of Weare, 899 A.2d 255 (N.H. 2006). “” On appeal, the Association argues that the trial court erred by failing to void the ordinance as an “ultra vires” enactment that exceeded the statutory authority included in RSA 674:23 (Supp. 2005). The Association argues that the ordinance violated rights conferred by “RSA…”
David F. Dietz & a. v. Town of Tuftonboro, 201 A.3d 65 (N.H. 2019). “, RSA 458-C:4, IV (2016) (requiring a judicial officer to "enter a written finding or a specific finding on the record" when deviating from child support guidelines); RSA 674:23, IV (2016) (requiring that any ordinance establishing a temporary moratorium or limitation on issuing…”
Rancourt v. Town of Barnstead, 523 A.2d 55 (N.H. 1986). “The plaintiff counters that the planning board could not apply the master plan itself to limit development, but could only apply ordinances enacted pursuant to RSA 674:22 or RSA 674:23 to regulate or control the timing of development.”
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