New Hampshire Ordinances (2026)

New Hampshire RSA 674:71-73 requires every municipality with single-family zoning to allow at least one accessory dwelling unit. The state preempts outright bans and limits local restrictions on ADUs as of right or by special exception.

New Hampshire applies the State Building Code under RSA 155-A statewide, including IRC Appendix Q tiny home provisions. Manufactured housing under RSA 674:32 cannot be excluded from any town, ensuring tiny home and manufactured housing access.

New Hampshire RSA 644:8 criminalizes animal cruelty including hoarding-type neglect statewide. The statute applies universally across all municipalities, providing uniform definitions, penalties, and enforcement authority for law enforcement and animal control.

New Hampshire RSA 429 establishes statewide apiary inspection and disease control. Beekeepers must register hives with the Department of Agriculture, Markets, and Food. The state framework applies universally and limits municipal authority over beekeeping practices.

New Hampshire RSA 466:30-a prohibits municipalities from enacting ordinances that regulate dogs based on breed. Local governments cannot ban or restrict specific breeds, though they may regulate dangerous or vicious individual dogs through behavior-based ordinances applied statewide.

New Hampshire RSA 207:14 and Fish and Game rules Fis 800 govern possession of exotic and wildlife species statewide. A permit from the Fish and Game Department is required for most non-domestic animals, with categories ranging from prohibited to controlled.

New Hampshire RSA 207:57 prohibits intentionally feeding bears and restricts feeding deer and moose statewide. The law applies uniformly across all municipalities and is enforced by Fish and Game conservation officers, with significant penalties for violations.

New Hampshire RSA 483-B, the Shoreland Water Quality Protection Act, imposes statewide minimum setbacks of 50 feet from public waters that municipalities cannot reduce, regardless of local zoning.

New Hampshire RSA 126-X licenses a limited number of Alternative Treatment Centers for therapeutic cannabis. State licensing controls dispensary siting in coordination with local zoning authority.

New Hampshire law prohibits home cultivation of cannabis statewide. Recreational cannabis remains illegal, and the therapeutic cannabis program under RSA 126-X does not authorize patient or caregiver home growing.

New Hampshire RSA 31:43-d explicitly authorizes municipalities to enact juvenile curfew ordinances. The state grants enabling power but sets statutory framework, allowing curfews for those under 16 with reasonable exceptions for work, errands, and emergencies.

Commercial drone operations in New Hampshire require FAA Part 107 certification and follow federal airspace rules. State law adds privacy protections under RSA 644:9 that apply uniformly statewide.

Recreational drone operation in New Hampshire is governed primarily by FAA regulations under 14 CFR Part 107 and Section 44809, with state-level RSA 207:57 prohibiting drone use to harass wildlife or hunters.

RSA 279:21 sets the minimum wage by reference to federal law, currently $7.25, and effectively bars cities or towns from imposing higher local minimums.

Granite State Paid Family Leave under RSA 21-I:99 offers a voluntary insurance program; no state mandate exists and municipalities cannot require paid leave.

New Hampshire has no predictive scheduling law, and RSA 275 leaves wage and scheduling rules to the state, blocking municipal fair workweek ordinances.

New Hampshire RSA 483-B establishes statewide minimum standards for development within 250 feet of public waters, including the Atlantic coast, lakes, ponds, and fourth-order streams, preempting weaker local rules.

New Hampshire RSA 485-A:17 and shoreland protection laws require erosion and sediment controls during land disturbance, with NHDES setting uniform best management practices that municipalities cannot weaken.

New Hampshire participates in the National Flood Insurance Program, requiring municipalities to adopt floodplain ordinances meeting FEMA minimums; the State Building Code (RSA 155-A) imposes uniform flood-resistant construction standards.

New Hampshire RSA 485-A:17 requires state Alteration of Terrain (AoT) permits from NHDES for projects disturbing 100,000+ square feet, establishing uniform stormwater management standards above any local stormwater rules.

New Hampshire RSA 473 governs partition fences between adjoining landowners, establishing shared maintenance obligations and a process for fence viewers to resolve disputes statewide.

New Hampshire adopts the International Swimming Pool and Spa Code through the State Building Code (RSA 155-A), requiring four-foot barriers and self-closing gates around residential pools statewide.

New Hampshire authorizes sale and use of permissible consumer fireworks under RSA 160-C, but municipalities may further restrict or prohibit them. The state defines what qualifies as permissible and sets minimum age and licensing requirements universally.

RSA 227-L:17 requires a written fire permit from the local Forest Fire Warden or Fire Department before kindling any open fire when ground is not snow-covered. The Division of Forests and Lands sets statewide fire danger classes.

New Hampshire adopts NFPA 58 statewide for liquefied petroleum gas storage and handling under RSA 153 and the State Fire Code (Saf-C 6000). Installations require licensed gas fitters and Fire Marshal oversight, preempting inconsistent local rules.

RSA 227-L organizes New Hampshire into forest fire districts overseen by the Division of Forests and Lands, with town Forest Fire Wardens appointed statewide. The state classifies daily fire danger and may close woodlands during extreme conditions.

RSA 159:6 allows residents and nonresidents to carry concealed loaded firearms without a license, while still offering optional permits for reciprocity.

RSA 159:26 reserves all firearm and ammunition regulation to the state, voiding most local New Hampshire ordinances on guns, knives, and related items.

Open carry of handguns and long guns is lawful in New Hampshire without a license, subject to RSA 159 location limits and federal prohibitions.

Under RSA 159:4 and 159:6, New Hampshire allows loaded handguns in vehicles without a permit, with state preemption barring local restrictions on transport.

New Hampshire condominium associations get a statutory assessment lien under RSA 356-B:46, including a limited 6-month priority over first mortgages. There is no comprehensive non-condo HOA statute, so planned-community HOAs collect dues through their recorded declaration plus the RSA 292 nonprofit law.

New Hampshire condominium boards face detailed governance rules: RSA 356-B:37 mandates open annual meetings with notice and member comment, and RSA 356-B:37-e and 356-B:46 give unit owners access to financial records and minutes. Non-condo HOAs are governed by their bylaws under the RSA 292 nonprofit law.

New Hampshire condo associations enforce the declaration, bylaws, and rules through RSA 356-B:15, which lets them sue for damages or injunctive relief with attorneys' fees. Non-condo HOAs enforce covenants and architectural rules through the recorded declaration under property and contract law — there is no general HOA enforcement statute.

New Hampshire's Condominium Act does not set a fine cap. A condo association's enforcement and rule-making powers flow from its bylaws under RSA 356-B:35, and violations are enforced under RSA 356-B:15. Non-condo HOAs draw any fine power solely from their recorded declaration.

New Hampshire overrides condo rules to protect the United States flag: RSA 356-B:47-a bars a condo association from prohibiting outdoor flag display. For solar, RSA 477:49–:51 authorize voluntary solar skyspace easements but do NOT generally void HOA solar bans. There is no statewide political-sign override.

New Hampshire RSA 143-A authorizes homestead food operations to produce and sell certain non-potentially hazardous foods directly to consumers, with statewide standards that limit local regulation of permitted home-based food sales.

New Hampshire RSA 170-E requires state licensing of family child care homes by the Department of Health and Human Services, establishing uniform health, safety, and capacity standards that apply regardless of municipal location.

New Hampshire imposes no statewide E-Verify mandate; participation in the federal program remains voluntary for most private employers under state law.

HB 1292 (2024) bars New Hampshire municipalities from adopting sanctuary policies that limit cooperation with federal immigration enforcement.

New Hampshire law explicitly encourages rainwater collection. RSA 485-C:6-a authorizes harvesting for non-potable uses, and the state preempts municipalities from prohibiting rainwater capture systems used for irrigation, washing, or other approved domestic purposes.

New Hampshire RSA 79 governs timber harvesting statewide through the timber tax system. Landowners must file an Intent to Cut for commercial harvests, and the state preempts inconsistent local timber regulation while allowing reasonable local zoning controls.

New Hampshire RSA 231:139-145 governs trimming of shade and ornamental trees within public rights-of-way. Tree wardens have statewide authority, and removal of public shade trees requires notice and hearing procedures that municipalities cannot bypass.

Aircraft noise in New Hampshire is preempted by federal law under the Federal Aviation Act, meaning neither the state nor municipalities can regulate flight operations, altitudes, or in-flight noise levels.

New Hampshire RSA 466:31 makes it a violation for any owner to keep a dog that habitually disturbs the peace by barking or howling, with enforcement available statewide regardless of municipal noise ordinances.

New Hampshire RSA 262 governs abandoned vehicles statewide, allowing law enforcement and authorized parties to remove vehicles left on public ways or private property without consent, with notice and lien procedures uniformly applied.

New Hampshire requires a written notice to quit before eviction. RSA 540:3 sets 7 days' notice for nonpayment of rent and the most serious grounds, and 30 days for other reasons. For nonpayment, RSA 540:9 lets the tenant cure by paying all rent plus $15 before the court enters judgment.

New Hampshire recognizes an implied warranty of habitability in every residential lease under Kline v. Burns, 111 N.H. 87 (1971). RSA chapter 48-A backs this with housing standards and code enforcement, requiring that rental dwellings be safe and fit for human habitation throughout the tenancy.

New Hampshire RSA 540:2 establishes statewide just-cause eviction requirements. Landlords must prove one of seven enumerated grounds to evict restricted-property tenants, and this preempts municipal expansion or contraction of permissible eviction grounds.

New Hampshire sets no specific number of hours or days of advance notice for landlord entry. RSA 540-A:3, V prohibits a landlord from willfully entering without prior consent except for emergency repairs, and where entry is needed for repairs the landlord must give notice "adequate under the circumstances."

New Hampshire has no statute capping residential late fees. There is no statutory grace period or maximum dollar amount; a late fee is enforceable only if set out in the lease, and courts will decline to enforce charges that are unreasonable rather than a genuine estimate of the landlord's loss.

A New Hampshire landlord ends a month-to-month tenancy with a 30-day notice to quit under RSA 540:3, and on "restricted property" must also have good cause under RSA 540:2. Tenants generally give 30 days' notice. Eviction itself requires a court possessory action after the notice expires.

New Hampshire has no statewide rent control and no statutory cap on rent increases. No statute expressly preempts local rent control, but New Hampshire is a Dillon's Rule state: municipalities have only powers the Legislature grants, and the Supreme Court held no statute authorizes towns to adopt rent control. No New Hampshire city or county has rent control.

New Hampshire has no rent control and no standalone rent-increase notice statute. RSA 540:2, II(e) ties an increase to eviction "good cause": a tenant's refusal to accept an increase is good cause to evict only if the landlord gave written notice of the new amount and effective date at least 30 days in advance.

New Hampshire caps a residential security deposit at one month's rent or $100, whichever is greater. A landlord must return the deposit, plus any interest due, within 30 days after the tenancy ends, along with a written itemized statement of any deductions. Bad-faith retention exposes the landlord to double the deposit plus interest.

New Hampshire requires 20 years of possession before a squatter can claim land by adverse possession. RSA 508:2, I bars any action to recover real estate "after 20 years" from when the right to recover accrued, so the remaining elements of adverse possession come from case law.

RSA 672:1 III-b limits municipal zoning powers over agriculture, and RSA 674:32 ensures farming remains permitted in any New Hampshire zoning district.

RSA 432:32 protects established New Hampshire farms from nuisance suits when operations follow generally accepted agricultural practices and predate complainants.

New Hampshire imposes a statewide 8.5% Meals and Rooms (Rentals) Tax on short-term rental stays of less than 185 consecutive days, administered by the Department of Revenue Administration. Operators must register for a license and remit tax monthly.

New Hampshire RSA 664:17 establishes statewide rules for political advertising signs, governing placement on public rights-of-way, removal deadlines, and preempting conflicting local restrictions on protected political speech.

New Hampshire has no statewide plastic bag ban or preemption; municipalities retain discretion to adopt local ordinances under home rule and RSA 31:39.

No statewide ban on polystyrene foam containers exists in New Hampshire; municipalities may regulate through local solid waste authority under RSA 149-M.

New Hampshire has no statewide rule on plastic straws or stirrers; restaurants may use them freely while local governments retain authority to restrict.

New Hampshire RSA 477:49 voids covenants, deed restrictions, and HOA rules that prohibit or unreasonably restrict the installation of solar collectors. The statewide protection applies to all residential properties and supersedes conflicting private agreements.

New Hampshire RSA 155-A adopts the State Building Code requiring solar installations to meet uniform structural and electrical standards. While municipalities issue permits, the substantive code requirements apply statewide and cannot be made more restrictive locally.

RSA 361-B grants New Hampshire consumers a three-business-day right to cancel home solicitation sales of $25 or more. Sellers must provide written notice of cancellation rights at the time of sale, applying uniformly statewide.

RSA 126-K:4 prohibits the sale, gift, or distribution of any tobacco or vape product to persons under 21 years old throughout New Hampshire.

New Hampshire has no statewide ban on flavored tobacco or vape products; sales are governed only by federal restrictions and the RSA 126-K licensing scheme.

RSA 126-K regulates e-cigarettes alongside tobacco, requiring licensed sales, age verification, and packaging standards for vape retailers across New Hampshire.

New Hampshire bans certain items from solid waste disposal statewide under RSA 149-M:57, including lead-acid batteries, motor vehicle tires, mercury-added products, electronics, and yard waste at landfills. These bans apply universally across all municipalities.

RSA 149-M establishes a statewide solid waste management hierarchy prioritizing source reduction, reuse, recycling, and composting before disposal. The state has set a 40% diversion goal and requires municipalities to plan recycling, though specific programs are local.

RSA 231:139-148 protects shade and ornamental trees within public rights-of-way statewide. No person may cut, trim, or remove such trees without written permission from the local tree warden, with penalties applying uniformly across municipalities.