New Hampshire Land Use & Zoning
Practice Questions & Answers (2026)
Land use and zoning questions on the New Hampshire exam test both general zoning principles and New Hampshire-specific land use controls. The New Hampshire Real Estate Commission covers zoning classifications, variances, special use permits, nonconforming uses, and eminent domain. New Hampshire's specific land use laws, including New Hampshire environmental regulations and local zoning ordinances, are tested in the state portion. Candidates frequently confuse variances (permission to deviate from existing zoning) with rezoning (changing the zone itself) — a distinction the NH exam tests repeatedly.
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New Hampshire Land Use & Zoning — Practice Questions & Answers
109 questions on Land Use & Zoning from the New Hampshire real estate question bank. First 10 are free — sign up to unlock all 109.
Q1. A nonconforming use in New Hampshire is best defined as:
Explanation
A nonconforming use is a land use that was lawfully established before the current zoning ordinance was enacted but no longer conforms to the new zoning requirements. It may continue but generally cannot be expanded.
Q2. In New Hampshire, zoning ordinances are adopted and enforced by:
Explanation
Zoning in New Hampshire is a local function. Municipalities adopt zoning ordinances under the authority granted by RSA Chapter 674, the New Hampshire Planning and Land Use Regulation statutes.
Q3. A New Hampshire property owner wishes to build a garage that is 2 feet closer to the lot line than the zoning setback allows. The owner should apply for a:
Explanation
A variance is relief from a specific dimensional or use requirement in a zoning ordinance, such as a setback. The applicant must show undue hardship unique to the property.
Q4. The New Hampshire Zoning Board of Adjustment (ZBA) has authority to:
Explanation
The ZBA hears applications for variances, special exceptions, and equitable waivers, and hears administrative appeals from zoning enforcement officer decisions. It cannot amend the ordinance or exercise eminent domain.
Q5. Eminent domain in New Hampshire allows the government to take private property for public use provided:
Explanation
Under the Fifth Amendment and NH Constitution Part 1, Article 12, the government may take private property for public use through eminent domain (condemnation), but must pay just compensation (fair market value) to the owner.
Q6. A special exception (or special use permit) in New Hampshire differs from a variance in that it:
Explanation
A special exception allows a use that the ordinance specifically permits but only under certain conditions set by the ZBA. No hardship showing is required — the use is already contemplated in the ordinance.
Q7. New Hampshire's Regional Planning Commissions assist municipalities by:
Explanation
NH's nine Regional Planning Commissions provide technical planning assistance, conduct regional studies, and develop regional master plans to help coordinate land use across municipal boundaries.
Q8. Under New Hampshire subdivision regulations, a developer dividing land into four or more lots typically must obtain approval from the:
Explanation
Subdivision of land in New Hampshire requires approval from the municipal planning board under RSA 674:35. The planning board reviews lot dimensions, road access, utilities, and environmental impacts.
Q9. A conservation easement in New Hampshire permanently restricts development on a parcel to protect:
Explanation
A conservation easement is a voluntary legal agreement between a landowner and a qualified organization that permanently restricts development to protect conservation values such as wildlife habitat, farmland, or scenic resources.
Q10. New Hampshire's Shoreland Water Quality Protection Act (RSA 483-B) regulates development within how many feet of public waters?
Explanation
RSA 483-B (the Shoreland Water Quality Protection Act) regulates development and land disturbance within 400 feet of the reference line of public water bodies to protect water quality and natural shoreland buffers.
Q11. A 'taking' in land use law that reduces property value so significantly it effectively deprives the owner of all economic use is called a:
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