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

Town of Atkinson’s own rules

• Building permitRequired

  Construction, alteration, or repairs other than ordinary repairs inside Atkinson town limits.

  • An application is required; ordinary repairs are excepted.
  • The Building Inspector may require a survey to assure compliance.

  “Any person, persons, partnership, or corporation shall obtain a permit before beginning construction, alteration, or repairs, other than ordinary repairs, using application forms furnished by the Building Inspector.”

• Building code adoptedAdopted (with conditions)

  Conventionally constructed buildings inside Atkinson town limits.

  • The ordinance requires compliance with the New Hampshire State Building Codes.

  “All conventionally constructed buildings shall conform to and comply with the New Hampshire State Building Codes.”

• InspectionsRequired

  New construction inside Atkinson town limits.

  • The listed inspections occur after work has been completed.
  • The required inspections listed are footings and foundations; rough framing, plumbing, electrical wiring, and chimney erection; sewage system and waste disposal; and final inspection.

  “In new construction the following four inspections shall be made after the work has been completed:”

• Local zoningPresent (with conditions)

  Land inside Atkinson town limits.

  • The town's floodplain ordinance overlays and supplements its zoning ordinance.

  “For the purpose of this Ordinance, the Town of Atkinson is divided into districts as shown on the Zoning Map”

• Minimum dwelling sizeSpecified

  Every building used as a residence inside Atkinson town limits.

  • The additional-story area excludes cellar area.

  minimum ground-floor area: >= 800 square feet (Outside measurement.) · minimum area for each additional story: >= 600 square feet (Cellar excluded.)

  “Every building to be used as a residence shall have a minimum ground floor area of eight hundred (800) square feet outside measurement, and a floor area, exclusive of cellar, of six hundred (600) square feet for each additional story.”

• Living in an RVLimited

  Use of a manufactured or mobile home or trailer for temporary residency during rebuilding after fire, flood, or acts of God inside Atkinson town limits.

  • Available only to an owner or resident rebuilding the damaged residence.
  • A two-year occupancy permit is required.
  • The Building Inspector issues the permit after utility connections comply with electrical and sanitary codes.

  temporary occupancy permit duration: 2 years (Temporary home or trailer during rebuilding after fire, flood, or acts of God.)

  “A two-year occupancy permit for residency in the temporary home or trailer is required and shall be issued by the Building Inspector after all utility connections are determined to be in compliance with electrical and sanitary codes.”

• Manufactured homesLimited

  Temporary manufactured/mobile-home occupancy while a residence is rebuilt or while a new residence is under construction inside Atkinson town limits.

  • For a damaged home, a two-year Building Inspector occupancy permit follows utility-code compliance.
  • For a new residence under construction, the Board of Selectmen may issue a six-month permit, renewable for a further six months only with substantial construction progress.

  new-residence temporary occupancy permit duration: 6 months (May be renewed for a further six months if substantial construction progress is shown.)

  “The Board of Selectmen may issue a six-month occupancy permit for residency in a manufactured or mobile home or trailer on property where a new residence is under construction.”

• Who permits septicMixed (with conditions)

  Wastewater disposal systems inside Atkinson town limits.

  • Town and New Hampshire Department of Environmental Services approval is required for plans and specifications.
  • DES makes the final determination of technical-data accuracy in a question or dispute.
  • Town requirements can be more stringent than state regulations.

  “No waste disposal system shall be constructed, repaired, or altered within the Town of Atkinson without prior approval of plans and specifications by the Town of Atkinson and the New Hampshire Department of Environmental Services.”

• Septic permitRequired

  Construction, repair, or alteration of a waste disposal system inside Atkinson town limits.

  • Plans and specifications need prior approval by both the town and NH DES.
  • Replacement within the original site needs Town of Atkinson approval.

  “No waste disposal system shall be constructed, repaired, or altered within the Town of Atkinson without prior approval of plans and specifications by the Town of Atkinson and the New Hampshire Department of Environmental Services.”

• Septic inspectionRequired

  Accessory-dwelling-unit applications inside Atkinson town limits.

  • Proof of septic adequacy may instead be submission of the plan on record for the existing system indicating adequacy and proper function.
  • If the existing system is inadequate, an NH DES-approved replacement plan/design in the case of failure must be submitted or installed.

  “Proof of adequacy shall include a septic inspection by a licensed inspector or submission of the plan on record for the existing system indicating adequacy and proper function.”

• Off-grid sanitationLimited

  Private sewage disposal where public sewer is unavailable inside Atkinson town limits.

  • Private disposal is required if a public sewer system is unavailable.
  • Dry wells are prohibited for new or replacement domestic or commercial sanitary-waste systems.
  • Holding tanks are prohibited for new construction and expanded use, except a replacement holding tank may be allowed where no other conventional system can be properly constructed.

  minimum replacement holding-tank size: >= 2500 gallons (Only where a holding tank may be permitted as a replacement system.)

  “Holding Tanks shall be prohibited in all cases of new building construction and expanded use.”

• Mandatory utility hookupSewer (with conditions)

  Dwelling and commercial or public buildings inside Atkinson town limits where public sewer is available.

  • When public sewer is not available, a private sewage disposal system is required.

  “All dwelling and all commercial or public buildings shall be connected to the public sewer system when available. When a public system is not available, a private sewage disposal system is required.”

• Driveway accessRequired

  Construction or substantial alteration of a driveway, entrance, exit, or approach in the right-of-way of an Atkinson town highway.

  • The permit must describe location, drainage, traffic-control devices, grades, and other necessary safety specifications.
  • The quoted rule applies within a town-highway right-of-way.

  “It shall be unlawful to construct, alter in any way that substantially affects the size or grade of any driveway, entrance, exit, or approach within the limits of the right-of-way of any town highway without a written construction permit or driveway permit”

• Permit feesPublished (with conditions)

  Town building permits inside Atkinson town limits.

  • The Building Inspector determines the permit cost.
  • All building permits are payable when picked up.
  • The listed minimum applies to building permits.

  minimum building permit charge: >= 100 USD

  “The minimum Building Permit charge is $100.”

Rules another office applies inside Town of Atkinson

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

• Minimum lot sizeDistrict specific (with conditions)

  Residential and non-residential lots in Atkinson's RR2 rural-residential district.

  • Three acres are required where the High Intensity Soils Map designates more than 50 percent of a two-acre lot with listed water-table, slope, bedrock, drainage, parent-material, restrictive-feature, or slope limitations.

  minimum lot area: >= 2 acres (RR2 residential/non-residential table entry, subject to the table's ## soil-condition footnote.)

  “## 3 acres required if High Intensity Soils Map designates more than 50% of a two-acre lot as having less than 2 feet depth to seasonal water table”

  One more reviewed finding on this topic

  • District specific (with conditions) — Residential and non-residential lots in Atkinson's RR3 rural-residential district.

    “a Lot area minimum (acres) 3**/3** 2##/2## 2/2 2/2 1 2/1 2 2/250[9]”

• SetbacksDistrict specific (with conditions)

  Residential development in Atkinson's RR3 rural-residential district.

  • Private outdoor recreational installation rear and side yards are 15 feet.
  • Accessory buildings have a 15-foot maximum height; agricultural uses have no height limitation.

  minimum front yard: >= 70 feet · minimum rear yard: >= 75 feet · minimum side yard: >= 50 feet (RR3 table contains a 100-foot total/50-foot minimum side-yard notation.)

  “d Front yard minimum (ft) 70/70 70/70 50/50 50/50[3] 50[3] 50/50[3] 50[8] [9]”

  One more reviewed finding on this topic

  • District specific (with conditions) — Residential development in Atkinson's RR2 rural-residential district.

    “e Rear yard minimum (ft) 75[1]/75 75[1]/50 50[1]/50 50[1]/50 25[7] 50[1]/25[4] 25[7] [9]”

• Building heightDistrict specific (with conditions)

  Residential buildings in Atkinson's RR2 rural-residential district.

  • Alternative design residential buildings in the RR2/SCR subdistrict may be up to 55 feet, but above 35 feet require a 400-foot setback from the building to property line and/or town roads.
  • Accessory buildings have a 15-foot maximum height; agricultural uses have no height limitation.

  maximum building height: <= 35 feet (Two stories or 35 feet, whichever is less; RR2/SCR alternative design exception applies.)

  “In RR2, the SCR Subdistrict permits alternative design residential buildings that shall be no more than 55 feet in height.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Atkinson town limits.
• Camping on your land — Temporary camping on private land inside Atkinson town limits.
• Tiny homes — Tiny-home occupancy inside Atkinson town limits.
• Well permit — Private wells inside Atkinson town limits.
• Agricultural exemption — Agricultural construction and land use inside Atkinson town limits.

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 Atkinson 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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