What Is a Zoning Variance and When Do NH Homeowners Need One?

🏡 What Is a Zoning Variance and When Do NH Homeowners Need One?

In towns like Plymouth, Campton, Wentworth, Thornton, Rumney, and across Central NH, zoning rules determine where and how you can build.

But sometimes a homeowner’s plans don’t fit the zoning rules — and that’s when you may need a zoning variance.

Here’s how variances work and when they’re used in New Hampshire.

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What Is a Zoning Variance?

A zoning variance is special permission granted by a town’s Zoning Board of Adjustment (ZBA) that allows you to do something otherwise not permitted by local zoning rules.

Variances are used for issues like:

✔ Setback relief

✔ Building closer to a property line

✔ Adding an accessory structure

✔ Expanding a nonconforming home

✔ Building on irregular or challenging lots

You must show that strict application of the rules causes “unnecessary hardship.”

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When Do NH Homeowners Need a Variance?

You typically need a variance when:

✔ Your project violates setback requirements

✔ You want to enlarge a structure that’s too close to a property line

✔ Your lot is unusually shaped or constrained

✔ The zoning district doesn’t allow your intended use

✔ A pre-existing nonconforming property needs updates

This is very common in older NH towns where homes were built before zoning existed.

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How the Variance Process Works in NH

1️⃣ Submit an application to the town

2️⃣ Provide a detailed plan or sketch

3️⃣ Attend a public hearing

4️⃣ Abutters may comment

5️⃣ The ZBA votes to approve or deny

You must meet five legal criteria, including hardship and proving the change won’t harm the public interest.

If approved, the variance is tied to the property — not the owner.

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Why Variances Matter in Central NH

Many homes in rural NH were built:

✔ Close to roads

✔ Near rivers or wetlands

✔ On small village lots

✔ Against old stone walls

✔ On sloped/mountain terrain

Expansions or renovations often require relief from modern zoning setbacks.

A variance lets the homeowner modernize or improve without being blocked by outdated lot layouts.

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Q&A

Q: Can a denied variance be appealed?

A: Yes — through the ZBA or NH Superior Court, but appeals require strong justification.

Q: Does a variance stay with the property?

A: Yes. If you sell, the variance remains valid for the next owner.

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Keywords

nh zoning variance, new hampshire zba, plymouth nh zoning rules, campton nh homeowner permits, rumney nh building requirements, central nh land use, setback variance nh

Jim Johnson — Real Estate Agent

58 NH Route 25A

Wentworth, NH 03282

P: (857) 249-7392

W: www.JimJohnsonRealEstateAgent.com

Licensed New Hampshire REALTOR® with Three Hills Real Estate Services

Broker Email: info@ThreeHillsRES.com

Broker Website: www.ThreeHillsRES.com