Enabling statute

New Hampshire

Local Land Use Planning and Regulatory Powers (RSA Title LXIV — Planning and Zoning, Chapter 674)

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Summary

New Hampshire is a delegated/home-rule zoning state: zoning power is held by local governments rather than exercised at the state level. RSA 674:16 (within Title LXIV, Chapter 674, "Local Land Use Planning and Regulatory Powers") is the core enabling grant, authorizing the local legislative body of any city or town — and any county containing unincorporated towns or unorganized places — to adopt or amend a zoning ordinance "for the purpose of promoting the health, safety, or the general welfare of the community," following Standard State Zoning Enabling Act lineage. The grant expressly covers building height/bulk, lot sizes and coverage, population density, and the location/use of buildings and land, and includes the power to adopt innovative land use controls (RSA 674:21) and to regulate development timing (RSA 674:22). Counties' role is limited to unincorporated/unorganized areas; in practice the overwhelming majority of zoning is done by municipalities (cities and towns).

The delegation

RSA 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.

Verification

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Confirmed against the official NH General Court statute site (gc.nh.gov/rsa/html/lxiv/674/674-16.htm) and cross-checked with Justia (2025 edition). (a) REAL & CURRENT: RSA 674:16 "Grant of Power" exists within Title LXIV (Planning and Zoning, Chapters 672-677), Chapter 674 (Local Land Use Planning and Regulatory Powers). Source line shows it is current and recently amended: 1983, 447:1 ... through 2024, 271:2 / 370:1 and 2025, 188:1 / 258:1 (latest eff. Sept. 13, 2025). Not repealed. (b) GENUINELY THE ENABLING AUTHORITY: 674:16(I) is the core grant: "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..." It enumerates the SSZEA-lineage powers exactly as claimed: (a) height/number of stories/size of buildings; (b) lot sizes, percentage of lot occupied, yards/courts/open spaces; (c) density of population; (d) location and use of buildings/structures/land for business, industrial, residential, or other purposes. Subsection II confirms power to adopt innovative land use controls per RSA 674:21; subsection III confirms regulation of timing of development per RSA 674:22 — both cited correctly in the claim. (c) AUTHORITY MODEL ACCURATE: Power is delegated to local legislative bodies (cities and towns), not exercised at the state level. Counties' role is expressly limited to counties "in which there are located unincorporated towns or unorganized places" — i.e., only for unincorporated/unorganized areas, matching the claim. The overwhelming majority of zoning is municipal. Note: NH zoning enabling power is a statutory delegation; while the claim labels it "home_rule," NH is technically more of a Dillon's Rule / delegated-authority state where municipalities act under express statutory grants rather than constitutional home rule. The functional substance (municipal_delegation, counties only for unincorporated/unorganized places) is correct, so this does not undermine verification. Minor note: the claim quotes "for the purpose of promoting the health, safety, or the general welfare of the community" — this matches the statute verbatim. The "see also §§ 672-677" range correctly captures Title LXIV's chapter span (672-677).