New Laws Make It Easier to Build on Private Roads and Class VI Roads in New Hampshire
In 2025, the New Hampshire Legislature passed two amendments to RSA 674:41, making it easier to obtain building permits for properties located on roads municipalities are not obligated to maintain. These changes, found in Chapter 175 (private roads) and Chapter 256 (Class VI roads) of the Laws of 2025, are designed to reduce uncertainty and promote development across the state.
Private Roads: Policy-Based Approach Beginning September 2026
Under current law (RSA 674:41, I(d)), applicants seeking to build on private roads must obtain approval from the municipal governing body, typically the board of selectmen, after review and comment by the planning board. This process often varies between towns and can lead to arbitrary or inconsistent decisions
Some towns have attempted to add structure by creating distance-based rules—such as requiring the lot to be within a certain distance of the nearest Class V road. However, these rules do not always reflect real-world conditions; for example, a 750-foot road in good repair may be safer than a poorly maintained 250-foot road.
Effective September 13, 2025, municipalities will have two options:
Take no action, leaving applicants subject to ad hoc decisions by governing bodies; or
Adopt a formal policy, enabling applicants to secure approval by demonstrating that the road complies with that policy.
This law does not change the current landscape that much for lots on private roads. Municipalities are not required to adopt policies, and the policy applicants must satisfy need not be called a “private road policy” or something similarly specific. If the proposal “complies with policy,” then the applicant is entitled to a permit.
Appeals of adverse decisions may be available through the zoning board of adjustment, depending on the nature of the matter.
Class VI Roads: Waiver-Based Approach Beginning July 2026
Similar to private roads, RSA 674:41, I(c) currently requires governing body approval for construction on Class VI roads, which are public roads municipalities do not maintain. Starting July 1, 2026, that approval requirement will be removed. Instead, applicants will be required to:
Sign a waiver acknowledging the municipality will not a) provide services to the lot, b) maintain the road, or c) be liable for losses or damages caused by the lack of services.
Record the waiver in registry of deeds prior to the issuance of a building permit.
Demonstrate insurability of the lot and any structures on it prior to the issuance of a building permit.
Certain appeal rights remain available to qualifying applicants.
Other Requirements Still Apply
These amendments do not eliminate the need to comply with other land use and zoning regulations. For example, a lot on a private road or Class VI road may still require a frontage variance before a permit can be issued.
While the likely intent behind these statutory changes was to facilitate housing development, the amendments apply broadly to any type of building, regardless of intended use.
For assistance with public or private roads, building permits, real estate, or zoning and planning matters, 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.