How to Subdivide Land in New Hampshire
On average, each of New Hampshire's 234 cities and towns equal less than one-fifth the size of the Mall of America in Minneapolis, Minnesota, each with their own subdivision laws. Thankfully, the state has an overarching recommended subdivision model which has been adopted in various forms by the municipalities. Another 16 unincorporated areas in the state are obliged to follow the state model since they have no local governments.
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Instructions
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Subdivision Submission Process
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Complete your subdivision plans and request an informal meeting with the planning board of the municipality wher the land is located. The purpose is to conceptually review the plans and make any suggested revisions before the formal application process begins.
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Modify the plans according to the board's recommendations to meet land use and zoning regulations and include specific design and engineering concepts including lot lines, measurements and streets surrounding the proposed subdivision. Make any adjustments agreed upon by the board and yourself and prepare an application for formal submission.
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Submit the formal application at the next regularly scheduled board meeting. The board has 30 days from the time the application has been submitted to advertise the proposed subdivision. Once advertised and the plans are accepted as complete, the board has 65 days in which to formally review the plans.
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Wait for a ruling which, by law in most cases, must come within 45 days. The planning board has the option of applying to an appointed selectman for a 95-day extension beyond the mandated 45 days. The board must then either approve, conditionally approve or disapprove the plans. If no action is taken by the planning board, the developer may petition the selectman forcing a decision from the board within 30 days. If no action is taken by 40 days after the petition has been served on the planning body, you may petition the superior court for plan approval.
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Attend the public hearing which must be held prior to the final planning board action if your application is deemed substantial. A substantial subdivision is considered any that it involves more than technical issues or minor adjustments to lot lines.
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Appeal the planning board's decision to state Superior Court if the planning board decision is unfavorable. If initial judicial appeal is denied, you may continue court appeals until the appeals process is completed or a judgment is rendered in your favor.
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Tips & Warnings
Incorporate any reasonable suggestions to plan changes at the informal stage of discussion with the municipality to improve the likelihood of approval provided the proposed changes do not render the plans unworkable or too costly.
Consult a knowledgeable local land development attorney before starting the subdivision process to address any deviations from the state model guidelines. The model guidelines apply explicitly to only 16 unincorporated areas in the state. There are likely minor modifications to the procedure in each municipality.
References
- Photo Credit USA states series: New Hampshire. Political map with counties image by Stasys Eidiejus from Fotolia.com
