New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 674:35 (2026)
Power to Regulate Subdivisions
✓ current as of May 2026
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674:35 Power to Regulate Subdivisions. –
I. A municipality may by ordinance or resolution authorize the planning board to require preliminary review of subdivisions, and to approve or disapprove, in its discretion, plats, and to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved and to which streets water, sewer, and other utility mains, piping, connections, or facilities within subdivisions shall be installed. A municipality may by ordinance or resolution transfer authority to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved from the planning board to the governing body.
II. The planning board of a municipality shall have the authority to regulate the subdivision of land under the enactment procedures of RSA 675:6. The ordinance or resolution which authorizes the planning board to regulate the subdivision of land shall make it the duty of the city clerk, town clerk, clerk of district commissioners or other appropriate recording official to file with the register of deeds of the county in which the municipality is located a certificate of notice showing that the planning board has been so authorized, giving the date of such authorization.
III. The planning board shall not limit the number of building permits that may be issued except in accordance with an innovative land use control ordinance addressing timing incentives and phased development under RSA 674:21 and adopted under RSA 674:16; or an ordinance to regulate and control the timing of development, adopted under RSA 674:22; or an ordinance establishing a temporary moratorium or limitation on the issuance of building permits, adopted under RSA 674:23. This paragraph shall not be construed to limit the planning board's authority to deny a subdivision application on the basis that it is scattered or premature.
I. A municipality may by ordinance or resolution authorize the planning board to require preliminary review of subdivisions, and to approve or disapprove, in its discretion, plats, and to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved and to which streets water, sewer, and other utility mains, piping, connections, or facilities within subdivisions shall be installed. A municipality may by ordinance or resolution transfer authority to approve or disapprove plans showing the extent to which and the manner in which streets within subdivisions shall be graded and improved from the planning board to the governing body.
II. The planning board of a municipality shall have the authority to regulate the subdivision of land under the enactment procedures of RSA 675:6. The ordinance or resolution which authorizes the planning board to regulate the subdivision of land shall make it the duty of the city clerk, town clerk, clerk of district commissioners or other appropriate recording official to file with the register of deeds of the county in which the municipality is located a certificate of notice showing that the planning board has been so authorized, giving the date of such authorization.
III. The planning board shall not limit the number of building permits that may be issued except in accordance with an innovative land use control ordinance addressing timing incentives and phased development under RSA 674:21 and adopted under RSA 674:16; or an ordinance to regulate and control the timing of development, adopted under RSA 674:22; or an ordinance establishing a temporary moratorium or limitation on the issuance of building permits, adopted under RSA 674:23. This paragraph shall not be construed to limit the planning board's authority to deny a subdivision application on the basis that it is scattered or premature.
Source. 1983, 447:1. 2004, 71:3. 2005, 51:1. 2009, 200:2. 2014, 125:2, eff. Aug. 15, 2014.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1984–2022 · leading case: Town of Newbury v. Landrigan, 165 N.H. 236 (N.H. 2013).
Town of Newbury v. Landrigan, 165 N.H. 236 (N.H. 2013). “See RSA 674:35 (2008) (amended 2012); RSA 676:15 (2008); RSA 676:16 (2008).”
Lemm Dev. Corp. v. Town of Bartlett, 580 A.2d 1082 (N.H. 1990). “*621 Before we examine the language of the planning board’s subdivision regulations, we note that a planning board receives its authority to regulate the subdivision of land from enabling legislation contained in RSA 674:35, II. The nature of subdivision control, as well as the…”
Green Crow Corp. v. Town of New Ipswich, 950 A.2d 163 (N.H. 2008). “See RSA 674:1 (1996) (master plan); RSA 674:35, :36 (Supp. 2007) (subdivision regulation); RSA 674:43, :44 (Supp.”
Town of Windham v. Lawrence Sav. Bank, 776 A.2d 730 (N.H. 2001). “State statute and the town’s regulations define “subdivision” as “the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or…”
New England Brickmaster, Inc. v. Town of Salem, 582 A.2d 601 (N.H. 1990). “This argument is based on differences between the provisions concerning site plan review, RSA 674:43 and :44, and similar provisions regarding the regulation of subdivisions, RSA 674:35 and :36. It has been established that planning boards may condition the approval of…”
Polizzo v. Town of Hampton, 494 A.2d 254 (N.H. 1985). “(replaced by RSA 674:35 et seq. (Supp. 1983), effective January 1,1984).”
Frisella v. Town of Farmington, 550 A.2d 102 (N.H. 1988). “Pertinent to Frisella’s claim that the subdivision approval was premature, RSA 674:36, II provides that: “The subdivision regulations which the planning board adopts may: (a) Provide against such scattered or premature subdivision of land as would involve danger or injury to…”
Morin v. City of Somersworth, 551 A.2d 527 (N.H. 1988). “As authority for his argument, the plaintiff stresses the connections and similarities between RSA 674:43, :44, the site plan review enabling statutes, and RSA 674:35, :36, the subdivision review enabling statutes.”
Diversified Props., Inc. v. Town of Hopkinton Plan. Bd., 480 A.2d 194 (N.H. 1984). “Implicit in the Sandown Planning Board’s approval of the subdivision plan was its conclusion that the particular access was safe for at least that portion of the subdivision which lay within the borders of Sandown and within the jurisdiction of the Sandown Planning Board.”
Blevens v. Town of Bow, 887 F. Supp. 38 (D.N.H. 1994). “RSA 677:15, II, provides that upon presentation of a petition by an aggrieved person, the superior court “may allow a certiorari order directed to the planning board to review such decision____” In addition, the superior court “may reverse or affirm, wholly or partly, or may…”
Denis Girard & a. v. Town of Plymouth (N.H. 2019). “See RSA 674:35, I-II. To be clear, the municipal action at issue here is the planning board’s decision to condition its approval of the subdivision application upon the relocation of the access way, pursuant to the municipality’s statutory authority over subdivisions and the…”
Alfred E. Gagnon v. Town of Pelham (N.H. 2022). “2 RSA 674:41 provides that “[f]rom and after the time when a planning board shall expressly have been granted the authority to approve or disapprove plats by a municipality, as described in RSA 674:35,” no building shall be erected on nor building permit issued for any lot…”
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