Reference Library

Subdivision Regulations

• "Subdivision and Site Plan Review Handbook", SWRPC, 2001 (3.3MB) For your convenience, the following portions have been separated out from the handbook:
  • Model Subdivision Regulations
  • Appendix A: Road and Driveway Design and Construction Standards
  • Appendix B: Requirements for Soils and Wetlands Data
  • Appendix C: Sample Forms and Public Notifications
  • Appendix D: Criteria for Determining Regional Impact
  • Appendix E: Procedure for Application Review
  • Appendix F: Planning Board By-Laws
• Subdivision Regulations (from the Municipal Land Use Regulation database reports)
• Jackson (11/13/03)
• A planning board may adopt a more restrictive definition of "subdivision" than provided in RSA 672:14.

  "Where ‘subdivision’ is defined by regulation more restrictively or narrowly than it is by statute, the regulation’s definition governs. "Cities and towns have only such powers as the State grants them… We have held that a town, in exercising its powers to regulate, may not expand upon the legislative definition of ‘subdivision.’ Certainly a town may, [however,] through adoption of an ordinance, choose to exercise less power than that granted by the State legislature." Dearborn v. Town of Milford, 120 NH 82, 84, 411 A.2d 1132, 1133--34 (1980) (citations omitted). We therefore reject the defendants’ contention that the trial court impermissibly effected a subdivision of the property as defined by the subdivision regulation."

• EMILE BUSSIERE v. A. ROLAND ROBERGE & a., 142 NH 905 (1998)
  • See a Plan-link posting and reply of the applicability of this case relative to the definition of ‘subdivision’ and condominium conveyance.

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