Zoning Planning & Land Use Law in New Hampshire

In Windham, New Hampshire, there are laws which determine what can and can't be done on given parcels of land. These laws get pretty involved sometimes, and aren't always very accessible to laypersons. This article should serve as a good overview of these laws.

"Zoning" is the process by which a local government makes laws determining how individual pieces of land within its jurisdiction can be used. Usually, towns or cities are segmented off into "zones," each one being designated for a specific type of use. Examples of common zoning categories are single family residence, commercial, multi-unit housing, or industrial.

There are a lot of rationales and purposes for zoning laws. In general, they're based in common sense: chemical plants shouldn't be built next to daycare centers, pig farms should not be built in the middle of a residential neighborhood, and other simple principles similar to that. Zoning laws, by keeping conflicting land uses separate, make life easier for all parties, ensuring that property values will be preserved, and that necessary industries can be conducted where they will not bother anyone.

Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more proficient by helping it avoid costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Windham, New Hampshire

You have quite a few options if you find that a planned or current use of your property violates Windham, New Hampshire's zoning regulations.

First of all, and most simply, the owner could just fix the violation. If the violation isn't very significant, and fixing it wouldn't cost very much, this is probably the best and easiest option.

What if, however, you've invested a significant amount of time and money into making an improvement on your property, only to find that it violates your local zoning laws in some minor way? In this case, you can apply for a variance. This is essentially an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Windham, New Hampshire's zoning laws, a variance will usually be granted.

Furthermore, zoning ordinances cannot be applied against you retroactively. For example, suppose you built a 3-story house on your property, and your property was zoned to allow 3-story houses to be built at the time of construction. And then, years later, the area you live in is re-zoned, to only allow 2-story houses. Can the local government force you to remove a whole level of your house? Of course not. Applying a law retroactively is unconstitutional. On the other hand, any future changes you want to make to your property will have to comply with the applicable zoning ordinance as it is currently written.

What Can A Windham, New Hampshire Attorney Do?

If you are in the process of physically altering your property, you are almost certain to face some issues having to do with local zoning laws. If you find that zoning laws are making it very difficult to use your property as you see fit, you may have legal recourse, usually in the form of a variance. Of course, your chances of success in any zoning dispute will be immeasurably increased if you have the help of a qualified Windham, New Hampshire attorney.