Some towns have removed merging from their zoning ordinances but with the passage of SB406 all towns in NH will have to remove their involuntary lot merging ordinances. The towns that removed this unconstitutional practice in the past are enlightened towns and have more constitutionaly aware Planning Boards that encourage zoning and land use that not only protect property owners rights but adds value to the towns taxable assets. Owners are always free to merge their properties if they wish under the provisions of RSA 674:39;a and towns cannot prevent them from doing this.
Kudo's to the Town of Hampton and Gilford for their recent repeal of their merging ordinance. In addition Lyme NH has removed merging. Ironically Lyme got the following advice about Involuntary Lot Merging from the same law firm that Gilford uses (Mitchell and Bates). However evidence reveals that Tim Bates and Jae Whitelaw gave very different advice than Attorney Walter Mitchell has given Gilford. The town of Alton also no longer merges and there are several others. Concord NH recently had a very expensive merging court case that cost the city tens of thousands of dollars in legal fees. The property owner won. The Concord Economic Development Advisory Council has since recommended that the city of Concord repeal involuntary lot merging.
See what the NH Local Government Center has to say about Involunatry Lot Merging.
Here is a list of towns that have removed involuntary lot merging (updated frequently)
Washington, NH
North Hampton, NH
Lyme, NH
Gilford, NH (March 9th 2010)
Here is a list of towns that still have a involuntary lot merging requirement as part of their ZO's (updated frequently)
Bedford, NH (Click here for information on this saga)
Meredith, NH (vague reference in definition of non conforming lot, not enforced)
Laconia, NH (veiled reference, vague)
Northfield, NH (in the definition section)
Concord (bad merging ordinance that has caused major lawsuit)
Rye
Rye Beach
If your town had a merging ordinance and you were a victim of lot merging you can be FREE! Just cite SB406-2010 and HB316-2011 to your planning director. If they don't cooperate contact me at aichinger@comcast.net
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