Zoning, building permits and septic rules in Town of Nelson, New Hampshire

Town of Nelson’s own rules

• Building permitRequired

  Structures erected or externally altered inside Nelson town.

  • Dog houses, garden sheds, and other utilitarian structures under 100 square feet are excluded, but must comply with setbacks.
  • No permit may issue for construction violating the zoning ordinance.

  “No structure shall be erected or externally altered without a building permit having been issued by the Selectmen. No such permits shall be issued for construction in violation of any provision of this Ordinance.”

• Local zoningPresent (with conditions)

  Land inside Nelson town, New Hampshire.

  • The ordinance identifies Rural-Residential and Lake districts; Lake District property is also governed by state regulations including the Shoreland Protection Act.

  “The entire Town of Nelson is hereby designated as containing two districts: the Rural-Residential District, and the Lake District.”

• Zoning districtsPublished (with conditions)

  All land inside Nelson town.

  • Lake District includes land from the listed lakes and ponds' shorelines to 600 feet back; Rural-Residential District is all remaining land.

  Lake District depth from shoreline: 600 feet (For each listed lake or pond.)

  “The entire Town of Nelson is hereby designated as containing two districts: the Rural-Residential District, and the Lake District. The Lake District consists of all land from the shoreline of each lake or pond, as noted below, to a distance 600 feet back from the shoreline of each respective lake or pond.”

• Minimum lot sizeSpecified

  New lots and new dwelling units in the Rural-Residential and Lake districts inside Nelson town.

  • Lots below two acres must meet Article 10 conditions for nonconforming lots and structures.
  • Each additional dwelling unit requires two additional acres, except qualifying ADUs.
  • Conservation-subdivision rules may alter lot-size treatment.

  minimum new lot size: >= 2 acres (New lots and lots receiving building permits for new dwelling units.)

  “There shall be no new lots created that are less than two acres. Building permits for new dwelling units shall only be issued for lots that are a minimum of two acres.”

• Lot coverageSpecified

  Properties with and without accessory dwelling units inside Nelson town.

  • The ordinance's ADU provisions state the maximum coverage for all properties, including those without ADUs.

  maximum lot coverage: <= 25 percent

  “Lot Coverage for all properties, both those with and those without ADU's shall not exceed 25%”

• Building heightSpecified

  Dwelling units inside the Rural-Residential and Lake districts in Nelson town.

  • Spires, cupolas, chimneys, and non-commercial antennae under 10 feet total height are excluded from the height measurement.

  maximum dwelling height: <= 40 feet (Measured from mean finished grade adjoining the dwelling to its highest point on any side.)

  “The vertical distance from the mean finished grade of the ground adjoining the dwelling unit to the highest point of the dwelling unit shall not exceed 40 feet on any given side.”

• Living in an RVTemporary only (with conditions)

  Motorized campers and camping trailers accessory to a residence inside Nelson town.

  • Occupancy is limited to nonpaying guests accessory to a residence and no more than 120 days in a calendar year.

  maximum occupancy period: <= 120 days per calendar year (Only for nonpaying guests accessory to a residence.)

  “Motorized campers and camping trailers may be occupied by nonpaying guests’ accessory to a residence up to 120 days in any calendar year.”

• Manufactured homesLimited

  Manufactured, modular, and mobile homes used as dwelling units inside Nelson town.

  • They are treated as buildings and dwellings and are subject to the ordinance's criteria, including building-permit application and issuance.

  “The Town of Nelson recognizes manufactured, modular, and mobile homes as buildings and, when used for such, as dwelling units. Such buildings are subject to the same criteria as any other buildings for the purposes of this Ordinance, including the application for and issuance of a building permit.”

• Accessory dwellingsAllowed (with conditions)

  Accessory dwelling units in zoning districts inside Nelson town that permit single-family dwellings.

  • Select Board approval is required.
  • Only one ADU per single-family dwelling is allowed.
  • The owner must use either the ADU or principal dwelling as principal residence and legal domicile.
  • The ADU must meet state water-supply and sewage-disposal standards, have parking, and not exceed 800 square feet.
  • Lot coverage may not exceed 25 percent.

  maximum ADU habitable floor area: <= 800 square feet · maximum lot coverage: <= 25 percent (Applies to properties with or without ADUs.)

  “An Accessory Dwelling Unit (ADU) shall be permitted in all zoning districts that permit single family dwellings. All of the following criteria must be met in order for the Select Board to approve the construction of an Accessory Dwelling Unit.”

• Subdividing landRegulated (with conditions)

  Subdivision and boundary-line-adjustment applications inside Nelson town.

  • Applicants should contact the town office to confirm the current subdivision regulations.
  • The Planning Board conducts hearings and makes rulings on applications.

  “The Nelson Planning Board adopts the following regulations governing the Subdivision of land in the Town of Nelson, New Hampshire.”

• Driveway accessRequired

  New driveway egress or modified existing driveway egress inside Nelson town.

  • Design must be prepared in consultation with Selectmen and Road Agent.
  • Selectmen issue the egress permit after plan approval.
  • A second egress requires at least 300 feet from the primary egress.
  • State-road connections require written state approval.

  minimum separation for second egress: >= 300 feet

  “The egress for new driveways, or modifications to the egress for existing driveways, must be designed in consultation with the Selectmen and the Road Agent. When the plan has been approved, the Selectmen shall issue a permit for the driveway egress.”

• Permit feesPublished (with conditions)

  Town building-permit applications for residential and ancillary structures inside Nelson town.

  • Fees must be paid when the permit application is submitted.

  residential permit fee: per 0.3 USD per square foot · ancillary-structure permit fee: per 0.2 USD per square foot

  “FEES: $0.30 per sq. feet. For residences or $0.20 per sq. ft. for ancillary structures must be paid when permit application is submitted.”

• Permit processPublished (with conditions)

  Building-permit applications inside Nelson town.

  • Application must include two scaled lot-plan prints showing lot dimensions, structures, streets, ways, streams, and applicable parking or screening.
  • State energy-code forms are requested where required by state law.

  lot-plan copies: 2 prints

  “Applications for building permits shall be accompanied by 2 prints of a plan of the lot, drawn to scale, showing actual dimensions of the lot, exact location and size of any existing or proposed structures, and streets, ways and streams adjacent to the lot.”

Rules another office applies inside Town of Nelson

Town of Nelson does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicState (with conditions)

  Septic systems serving construction inside Nelson town.

  • Town permit form identifies NHDES Division of Water Supply and Pollution Controls approval and requests the state septic construction approval number.

  “SEPTIC SYSTEMS: approval is required from the NH Dept. of Environmental Services (DES), Div. of Water Supply and Pollution Controls 271-9501”

• Septic permitRequired

  Septic systems serving construction inside Nelson town.

  • NHDES approval is required; the town building-permit application requests the state septic construction approval number, system size/type, and date.

  “SEPTIC SYSTEMS: approval is required from the NH Dept. of Environmental Services (DES), Div. of Water Supply and Pollution Controls 271-9501”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Nelson or Cheshire County directly.

• Owner-builder exemption — Owner-built residential construction inside Nelson town.
• Building code adopted — Construction inside Nelson town, New Hampshire.
• Certificate of occupancy — Occupancy of buildings inside Nelson town.
• Minimum dwelling size — Dwelling units inside Nelson town.
• Camping on your land — Temporary camping on private land inside Nelson town.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Off-grid gear

Going off-grid in Town of Nelson means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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