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

Town of Bennington’s own rules

• Building permitRequired

  Construction projects over 100 square feet, structural alterations, changes of use, and exterior signs inside Bennington town.

  • Maintenance, repairs, and redecoration without structural alterations or additions do not require a building permit.
  • Application uses a town form, necessary descriptive information, and a Select Board fee schedule.
  • Permit is valid one year; appreciable start is required within four months.

  construction-project threshold: > 100 square feet (Placement of foundations; moving or demolition; or placement of a building or structure.) · permit validity: 1 year

  “A building permit shall be required prior to:”

• InspectionsRequired

  Work authorized by a Bennington building permit.

  • Inspection concerns work authorized by building permits.

  “inspect the work authorized by such building permits”

• Certificate of occupancyLimited

  Projects for which Bennington's Building Inspector issues an appropriate use and occupancy certification.

  • The ordinance authorizes issuance but the opened material does not state that every project requires a certificate.

  “issue appropriate use and occupancy certifications”

• Local zoningPresent (with conditions)

  Land inside Bennington town, Hillsborough County, New Hampshire.

  • Uses, buildings, and subdivisions must conform to the ordinance.

  “No building shall be erected or used and no land shall be used or subdivided except in accordance with the provisions of this Ordinance.”

• Zoning districtsPublished (with conditions)

  Land inside Bennington town.

  • District maps are on file in town offices and form part of the ordinance.

  “The Town of Bennington is divided into four (4) districts”

• Lot coverageSpecified

  Lots inside Bennington town.

  • Applies unless the ordinance otherwise provides.
  • Water Resource Protection Zone impervious-surface limit is 20 percent.

  maximum lot coverage: <= 30 percent (Unless otherwise provided in the ordinance.)

  “no use shall be permitted to cover an area of the lot exceeding 30 percent of the total lot.”

• Manufactured homesLimited

  Manufactured housing inside Bennington town.

  • Must be on a permanent foundation, meet specified HUD standards, and is not permitted in Village or Industrial Districts.

  “is permitted in all areas of the Town excepting the Village District and the Industrial District.”

• Off-grid sanitationLimited

  Dwellings and sanitary systems inside Bennington town.

  • Sanitary systems must comply with New Hampshire Water Supply and Pollution Control Commission standards, town subdivision regulations, and other applicable health and sanitary codes.
  • They have the same setbacks as buildings.

  “Sanitary systems shall be subject to the same setback requirements as buildings.”

• Short-term rentalsLimited

  Multi-family dwelling units inside Bennington town.

  • Dwelling units may not be used or rented as transient quarters and may not be rented or sublet for periods under 30 days.

  minimum rental period: >= 30 days (Applies to Article VII.M multi-family housing.)

  “the right to rent or sublet shall not be permitted for periods of less than thirty (30) days.”

• Permit feesVariable (with conditions)

  Bennington building-permit applications.

  • Fee is based on a schedule established by the Board of Selectmen.

  “a permit fee based on a schedule established by the Board of Selectmen.”

• Permit processPublished (with conditions)

  Bennington building-permit applicants.

  • Applicant returns completed application and required supplemental documentation to Town Hall.
  • Building Inspector review precedes Select Board approval; fees are due when an approved application copy is picked up.

  processing time: <= 1 month (Town asks applicants to allow up to one month for processing.)

  “Once the Building Inspector approves your application it goes before the Board of Selectmen for approval.”

Rules another office applies inside Town of Bennington

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

• Building code adoptedAdopted (with conditions)

  Construction subject to Bennington Building Inspection inside the town.

  • The town ordinance directs Building Inspection to enforce the State Building Code.

  “Pursuant to RSA 674:51, the Building Inspection shall enforce the State Building Code.”

• Minimum lot sizeSpecified

  Lots in Bennington's Village District.

  • The table applies before a lot may be developed or built upon; nonconforming lots retain applicable setback requirements.

  minimum lot size: >= 0.5 acres

  “Village ½ acre 100 feet 15 feet 30 feet 35 feet”

• Building heightSpecified

  Lots in Bennington's Rural/Agricultural District.

  • The table applies before a lot may be developed or built upon.

  maximum height: <= 35 feet

  “Rural/ 2 acres 200 feet 30 feet 50 feet 35 feet Agriculture”

  One more reviewed finding on this topic

  • Specified — Lots in Bennington's Village District.

    “Village ½ acre 100 feet 15 feet 30 feet 35 feet”

• Who permits septicState (with conditions)

  Buildings and subsurface sewage or waste-disposal systems inside Bennington town.

  • State requirements are minimum requirements and do not lessen local authority.
  • An applicant must certify compliance with applicable local water-supply and sewage-disposal requirements before applying where a municipality requires prior local approval.

  “without prior approval of the plans and specifications of the sewage or waste disposal system by the department.”

• Septic permitRequired

  Any Bennington building that will discharge sewage or other wastes, and sewage or waste-disposal-system construction.

  • Prior Department approval of plans and specifications is required.
  • Local requirements may also apply.

  “No person shall construct any building from which sewage or other wastes will discharge”

• Septic inspectionLimited

  Subsurface sewage or waste-disposal facilities inside Bennington town.

  • The state or authorized agents may inspect and evaluate maintenance and operation at reasonable hours; the statute does not establish routine periodic inspection for every system.

  “The department or its duly authorized agents are authorized to enter any and all premises at all reasonable hours”

• Driveway accessRequired

  Buildable back lots in Bennington's Rural/Agricultural District.

  • Direct access to a private way is required.
  • Vehicular access to a public way or street must be by a driveway meeting Board of Selectmen driveway requirements.

  private-way width: >= 50 feet (Must be contiguous.)

  “Each buildable back lot must have direct access to a “private way””

• Building in a floodplainRequired

  All proposed development in any Bennington special flood hazard area.

  • Building Inspector reviews permit applications for new construction or substantial improvements.
  • New or replacement water and sewer systems require assurance of flood-resilient design and siting.

  “All proposed development in any special flood hazard area shall require a building permit.”

Still unanswered

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

• Owner-builder exemption — Owner-built structures inside Bennington town.
• Minimum dwelling size — Principal dwellings inside Bennington town.
• Camping on your land — Temporary camping on private land inside Bennington town.
• Tiny homes — Tiny-home occupancy inside Bennington town.
• Well permit — Private wells inside Bennington 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.