New Hampshire Zoning & Land Use Laws
Zoning regulations, ADU laws, short-term rental rules, and land use policies for New Hampshire. Source-cited from state legislation and municipal codes.
Total Cities
221
Total Counties
10
ADU State Law
Yes
Lot Split Law
No state law
Cottage Food Law
Yes
Cities With Data
0
New Hampshire ADU Law
New Hampshire has a statewide ADU law — New Hampshire RSA 674:71-73 — Accessory Dwelling Units — effective 2017-09-01. This law preempts local ordinances — cities and counties cannot impose restrictions stricter than the state standard. Key provisions include: Requires all municipalities to allow at least one ADU per single-family dwelling by right or by conditional use permit; ADUs must be permitted on the same lot as the principal dwelling; Municipalities may require that one of the units (primary or ADU) be owner-occupied, and 4 more. The most recent amendment was RSA 674:71-73 (2016 session, Chapter 6) (2017): Required all New Hampshire municipalities to allow ADUs by right or by conditional use permit. Established minimum standards for ADU size. Enacted via 2016 NH session laws Chapter 6, effective June 1, 2017 — one of the earlier state ADU mandates in New England. (Note: bill number SB 146 removed — NH SB 146 (2017) is unrelated mental health transport legislation; the original bill number for Chapter 6 is unconfirmed.)
View full New HampshireADU law details →Cottage Food Law
New Hampshire Cottage Food Law (NH RSA 143-A:12): Allows home-based food production and sale without a food service license for certain non-potentially-hazardous foods. Permitted products include baked goods, jams, jellies, candy, dried pasta, and similar items. Annual gross revenue limit of $20,000 per year. Direct-to-consumer sales only — no retail or wholesale. Farmers markets, farm stands, and online sales with in-person delivery are permitted. Products must be labeled with: producer name and address, product name, ingredient list, net weight, allergen statement, and 'Made in a Home Kitchen Not Inspected by the State of New Hampshire.' New Hampshire expanded its cottage food law in recent years. Home-based food businesses exceeding $20,000/year in annual revenue must obtain a standard food service license and operate in a licensed commercial kitchen.
State Preemption Active
New Hampshire state law preempts local zoning ordinances in several areas. Local governments cannot enact rules stricter than the state baseline.
Learn about New Hampshirezoning preemption →Recent Legislative Changes
2017 — RSA 674:71-73 (2016 session, Chapter 6)
Required all New Hampshire municipalities to allow ADUs by right or by conditional use permit. Established minimum standards for ADU size. Enacted via 2016 NH session laws Chapter 6, effective June 1, 2017 — one of the earlier state ADU mandates in New England. (Note: bill number SB 146 removed — NH SB 146 (2017) is unrelated mental health transport legislation; the original bill number for Chapter 6 is unconfirmed.)
Source: New Hampshire RSA 674:71-73 — Accessory Dwelling Units. Last verified April 5, 2026. View source