Nashua does not require a routine fence permit for fences that comply with NRO Sec. 190-44 height limits (7 feet residential, no limit nonresidential). A building permit through the Department of Building Safety is required only for Turnpike-adjacent boundary fences exceeding 7 feet under Sec. 190-44.C. The Department of Building Safety enforces the New Hampshire State Building Code adopted under RSA 155-A and locally implemented through NRO Chapter 105. Contact the Department at 229 Main Street, 2nd Floor, 603-589-3080, BuildingDepartment@nashuanh.gov.
NRO Sec. 190-44.C states that 'Turnpike boundary fences exceeding seven (7) feet in height shall seek a building permit through the Department of Building Safety and can only be constructed upon issuance of said building permit and subject to its conditions, if any.' Outside the Turnpike-adjacent context, NRO Chapter 105 (Building Construction) does not enumerate routine residential fences as a stand-alone permit item; the Department of Building Safety's published permit application covers building, land use, electrical, plumbing, and mechanical work. Fences must still comply with NRO Sec. 190-44 (Land Use Code) and with NRO Chapter 150 (Fences), which under Sec. 150-1 provides that 'Any fence made up in whole or part of barbed wire shall be deemed a public nuisance unless the barbed wire is located more than six feet above the ground or the fence is being used in connection with the operation of a farm or public utility.' The City applies the 2021 International Building Code and 2021 International Residential Code as adopted statewide under RSA 155-A (HB 1681, effective December 31, 2024). Violations are subject to NRO Chapter 74 and RSA 676:15-17-b per NRO Sec. 105-6.
Constructing a Turnpike-adjacent fence over 7 feet without a building permit from the Department of Building Safety violates Sec. 190-44.C. Erecting or maintaining barbed wire that is less than 6 feet above the ground on a non-agricultural, non-utility property violates NRO Chapter 150 and constitutes a public nuisance. Violations of Chapter 105 (the Building Code) and the codes adopted thereby are subject to NRO Chapter 74 and NH RSA 676:15-17-b under NRO Sec. 105-6.
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