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Regulations for condo developments in New Hampshire

On Behalf of | Nov 7, 2023 | Real Estate Law

Successful condo projects require developers to navigate zoning and other laws. Following these regulations prevents costly delays and permit denials.

Familiarize yourself with the applicable state and local codes for multifamily commercial construction projects in New Hampshire.

Zoning regulations

Each town and city has its own zoning ordinances. These regulations dictate factors like:

  • Land use
  • Density
  • Height
  • Distance from structures and property lines

Most cities have separate zoning districts. Each allows specific types of development and has distinct building requirements.

Your project may not meet the zoning laws where you plan to build. In this case, you can apply for a conditional use permit. This type of permit may allow you to waive some zoning regulations. To qualify, you typically need to demonstrate that the project will not adversely affect the surrounding area.

Environmental regulations

Developers in New Hampshire must adhere to state and federal wetlands protection regulations. If you plan to build in these sensitive environmental areas, you may need specialized permits.

Regardless of where you plan to build, condo developments must follow regulations related to stormwater control. Proper management of stormwater runoff prevents pollution and contamination.

Large construction projects may require environmental impact assessments to obtain permits and approvals.

State-specific condo development laws

New Hampshire’s Condominium Act governs the creation, management and operation of condominiums. For example, it covers the formation of condominium associations and the management of common areas. Your team must also follow state consumer protection laws that cover disclosures, warranties and contract terms.

Developers must also follow state laws concerning land division, subdivision and land development. Despite the challenging regulatory environment, condo developers can realize significant profits in this valuable market. The New Hampshire Business Review reports that the state will need at least 90,000 new housing units by 2024.