Building Permits on Class VI and Private Roads in New Hampshire: Has the Dust Finally Settled?
Short answer: For private roads, yes. For Class VI roads, almost - 2025 reforms take effect July 1, 2026, and the bill that could have undone them is all but dead.
If you own land on a Class VI or private road in New Hampshire, the rules for getting a building permit have changed. The private road reform took effect in September 2025, the Class VI reform takes effect July 1, 2026, and a 2026 counterattack stalled in the House. Here is where things stand.
The Old Rule Under RSA 674:41
RSA 674:41 bars a municipality from issuing a building permit unless the street giving access to the lot meets one of several statutory criteria. The most common pathway is access via a Class V "or better" highway. Properties on Class VI roads and private roads sat outside that pathway.
Under prior law, the board of selectmen had to vote to authorize a permit after planning board review. The owner also had to record a document acknowledging the town would not maintain the road and would not be liable for damages caused by its use.
The Problem: Ad Hoc Decisions Across New Hampshire
RSA 674:41 gave selectboards no criteria. The result was a patchwork of ad hoc decisions. Examples from our New Hampshire real estate practice:
One town planner proudly declared the town had never issued a permit on a Class VI or private road and had no intention of starting.
One town capped distance at 300 feet from a Class V road. Another set the limit at 600 feet. Because roads are unique, a 750-foot road may be faster and safer to traverse than a 50-foot road in the same town. An arbitrary distance measures the wrong thing.
One town added a maintenance obligation to the recorded acknowledgment. When a neighbor later obtained a permit without the same condition, our client was left maintaining the road alone.
Another town required a contribution toward road improvements built to unnecessarily high standards. When the next permit-holder learned of the prior contribution, he demanded half the cost.
Two 2025 Reforms
The General Court addressed the problem with two bills. Both passed.
Private Roads - Chapter 175, Laws of 2025
Effective September 13, 2025, HB 296 added an alternative pathway. A building permit may now issue either through the traditional governing body approval process or upon a determination that the private road "identifies and complies with policy adopted by the governing body of the municipality." Municipalities are not required to adopt policies. Property owners in towns that do not adopt a policy remain at the mercy of ad hoc decisions. The term "private road" remains undefined - a topic for another day.
Class VI Roads - Chapter 256, Laws of 2025
Effective July 1, 2026, SB 281 eliminates governing body approval altogether. Instead, the owner signs and records a liability waiver acknowledging three things:
The municipality will not maintain the road or provide services to any lot on it.
The municipality accepts no responsibility for losses caused by the lack of services.
Responsibility for services falls solely on the owner.
The owner must also demonstrate the lot and any buildings are insurable. That insurability requirement is new. So far, we have not heard complaints, and one client reported his insurer had no concerns.
The 2026 Class VI Counterattack
A group of legislators introduced HB 1098 to repeal the Class VI reforms. The House Housing Committee voted 17-0 to recommend killing it. On February 5, 2026, the full House laid the bill on the table.
A tabled bill is not dead. A simple majority can return it to the floor. The 2025-2026 biennial session does not formally end until Organization Day on December 2, 2026. Before then, the House could reconvene, including for a possible veto override session this fall. But reviving HB 1098 now would require suspending House deadline rules and various Senate rules. The odds are remote.
Zoning Still Applies
Satisfying RSA 674:41 does not bypass local zoning. Most ordinances require frontage on a Class V highway. A property owner seeking to build on a Class VI or private road likely needs at least one variance from the Zoning Board of Adjustment.
The Bottom Line for New Hampshire Property Owners
For private roads, the dust has settled. For Class VI roads, it has all but settled. HB 1098 remains technically alive until December 2, 2026, but revival looks unlikely. Advise clients accordingly - with one eye on the fall session.
For assistance with building permits, roads and other access issue, real estate or civil litigation, please contact Alfano Law at (603) 856-8411 or by filling out our Contact Form. The firm offers free or low-cost initial consultations for most matters.