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

Town of New Durham’s own rules

• Building permitRequired

  Building construction, moved structures, alterations, structural changes, electrical, plumbing, and mechanical work inside New Durham town.

  • All proper permits must issue before work starts.

  “No building construction, moving of structures, alterations, structural changes, electrical, plumbing or mechanical shall be started, until all proper permits have been issued under the terms of this Ordinance.”

• Building code adoptedAdopted (with conditions)

  Buildings and structures erected, altered, rebuilt, substantially repaired, or remodeled inside New Durham town.

  • The town follows the current State of New Hampshire Building Codes and NFPA Fire Protection codes in effect when the work occurs.

  “The Town of New Durham hereby adopts and follows the current State of New Hampshire Building Codes and NFPA Fire Protection codes in effect at such time the building or structure shall be erected, altered, rebuilt, substantially repaired, or remodeled:”

• InspectionsRequired

  Construction projects inside New Durham town.

  • The Building Inspector makes listed or additional inspections on 36-hour notice; construction cannot advance beyond specified stages until inspection is complete.

  “The Building Inspector shall, on 36‐hour notice, make any of the following inspections or any additional inspections as required by the inspector on all construction projects:”

• Certificate of occupancyRequired

  New buildings inside New Durham town before occupancy.

  • Occupancy inspection is prior to occupancy; the ordinance calls the authorization an occupancy permit.

  “G. Occupancy – Prior to Occupancy. (working kitchen, working bathroom, sleeping area, electrical all plates on, Stairs must have guards and handrails, Smoke detectors, hot water 120 degrees, heating system operational. Builder or Owner present.”

• Local zoningPresent (with conditions)

  Land inside New Durham town, Strafford County, New Hampshire.

  • Requirements and prohibitions vary by underlying and overlay district.

  “The general purpose of this ordinance is to promote the health, safety, convenience, and general welfare of the community by regulating the use of the land in the Town of New Durham.”

• Zoning districtsPublished (with conditions)

  All land inside New Durham town.

  • Additional conservation overlay districts supplement or change underlying-district requirements.

  underlying zoning districts: 2 (Residential/Recreational/Agricultural District and Town Center Mixed Use District)

  “For the purpose of this ordinance, the Town of New Durham is zoned as two districts as shown on the official Zoning Map of the Town of New Durham.”

• Minimum dwelling sizeSpecified

  Single-family dwelling units inside New Durham town.

  minimum ground-floor area: >= 500 square feet (Single-family dwelling unit)

  “Every dwelling unit to be used by a single family shall have a minimum ground floor area of five hundred (500) square feet, excluding garages and porches.”

• Minimum lot sizeSpecified

  Single- and two-family dwellings in subdivisions inside New Durham town.

  • Soil-based lot-sizing standards apply; lot area increases for bedrooms above four; qualifying recorded undersized lots may be built on if septic approval and other building and zoning requirements are met.

  minimum lot size: >= 60000 square feet (Subject to soil-based sizing standards)

  “The minimum lot size shall be sixty thousand (60,000) square feet.”

• SetbacksSpecified

  New buildings inside New Durham town.

  • Overlay-district, local, state, or federal rules may separately apply.

  road-frontage setback: >= 20 feet · abutter-property-line setback: >= 15 feet

  “No new building shall be less than twenty (20) feet from the road frontage property line of any road or fifteen (15) feet from the property line of an abutter.”

• Living in an RVLimited

  RV sleeping or living use on private land inside New Durham town.

  • No living quarters may be maintained in a parked or stored RV except construction-period living space up to six months; sleeping is limited to 14 nights per calendar month without a permit or May through October with Code Enforcement Officer permit.

  sleeping without permit: <= 14 nights per calendar month · construction living-space exception: <= 6 months (During construction of a home)

  “RVs may be used for sleeping accommodations: a) For a maximum period of fourteen (14) nights per calendar month without a permit; b) For the summer season, from May until October only, with a permit obtained from the Code Enforcement Officer:”

• Manufactured homesLimited

  Mobile or manufactured homes used as dwellings inside New Durham town.

  • Mobile homes must meet HUD construction and safety standards and have the HUD seal and approval date; existing town-permitted mobile homes are grandfathered.

  “All Mobile Homes must have the Housing and Urban Development seal and approval date attached thereto;”

• Accessory dwellingsAllowed (with conditions)

  Accessory dwelling units in New Durham zoning districts that permit single-family dwellings.

  • ADUs are allowed by right except in the Shorefront Conservation Overlay District, where a Planning Board conditional-use permit is required; only attached ADUs are permitted there.

  “Accessory dwelling units (ADU), as defined in Article III of this ordinance, shall be allowed by right in all zoning districts that permit single-family dwellings, EXCEPT in the Shorefront Conservation Overlay District (SCOD), where ADUs are permitted upon the issuance of a Conditional Use Permit by the Planning Board.”

• Subdividing landRegulated (with conditions)

  Subdivision-created lots inside New Durham town.

  • Subdivision lots must have required road frontage; subdivision approval requires a percolation test and state septic-facility approval before a building permit issues.

  “Any subdivision approval of such a lot or lots must pass a percolation test and have state approval for a septic facility prior to a building permit to be issued.”

• Building in a floodplainLimited

  New building development in flood-hazard areas inside New Durham town.

  • The building regulations direct readers to the zoning ordinance flood-hazard appendix; buildings are generally prohibited in flood-hazard areas except water-related structures under cited setback provision.

  “No new buildings, except for water-related structures, shall be located in a flood hazard area, or less than seventy-five (75) feet from any water body or river.”

• Permit feesPublished (with conditions)

  Building permits inside New Durham town.

  • A non-refundable application fee accompanies every application; remaining fees are due upon permit issuance; occupancy permit cannot issue until fees are paid.

  “A non‐refundable application fee must accompany all applications. The rest of the fees are due upon issuance of permit to begin construction. In no case shall an occupancy permit be granted until all fees are paid.”

• Permit processPublished (with conditions)

  Building-permit applications inside New Durham town.

  • Application must be complete and include a sketch or plan and intended-use statement; fee timing and six-month commencement deadline apply.

  commencement deadline after approval: <= 6 months (Unless extended by the Building Inspector)

  “All applications for a permit to build, construct, alter or remodel any building shall be accompanied by a sketch or plan of the proposed building or alterations, and a statement of its intended use when built, constructed, altered or remodeled.”

Rules another office applies inside Town of New Durham

Town of New Durham 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)

  Private sewage disposal systems inside New Durham town where public sewer is unavailable.

  • NHDES approves type, size, and construction of sewage disposal systems.

  “When a public sewer system is not available, a private sewage disposal system is required. The New Hampshire Department of Environmental Services shall approve the type, size, and construction of all sewage disposal systems.”

• Off-grid sanitationLimited

  Private sewage disposal inside New Durham town where public sewer is unavailable.

  • Private disposal is required when public sewer is unavailable; NHDES approval controls type, size, and construction.

  “When a public sewer system is not available, a private sewage disposal system is required. The New Hampshire Department of Environmental Services shall approve the type, size, and construction of all sewage disposal systems.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside New Durham town.
• Lot coverage — General lot coverage inside New Durham town.
• Camping on your land — Temporary camping other than the separately addressed RV rules inside New Durham town.
• Tiny homes — Tiny-home occupancy inside New Durham town.
• Septic permit — New or altered private sewage disposal systems inside New Durham 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.