AIRPORT ZONING

RSA tit. XXXIX, ch. 424

in effect

RSA 424:1 Definitions.

424:1. Definitions. As used in this chapter unless the context otherwise requires: I. "Airport" means any area of land or water, whether constructed or not, which has been approved by the commissioner as a site for the landing and taking-off of aircraft or utilized or to be utilized by the public as a point of arrival or departure by air. II. "Airport hazard" means any structure, tree, smoke, steam, dust or other substance which obstructs the aerial approaches of a publicly owned airport or impairs the reasonable visibility in the vicinity thereof, electrical impulses and disturbances which interfere with radio aids or communications and lights which might result in glare in the vision of pilots of aircraft or be confused with airport lights. III. An airport is "publicly-owned" if the portion thereof used for the landing and taking-off of aircraft is owned by a governmental body, political subdivision, public agency, or other public corporation. IV. "Department" means the department of transportation. V. "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. VI. "Structure" means any object constructed or installed by man, including such objects although regulated or licensed by other provisions of law. VII. "Tree" means any object of natural growth. Source. 1941, 145:1; 199:40. RL 51:78. RSA 424:1. 1955, 58:1. 1985, 402:6, I(c)(3), 32.

RSA 424:2 Airport Hazards Not in Public Interest.

424:2. Airport Hazards Not in Public Interest. It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein, and is therefore not in the interest of the public health, public safety, or general welfare. Source. 1941, 145:2. RL 51:79.

RSA 424:3 Preparation of Airport-Approach Plans.

424:3. Preparation of Airport-Approach Plans. The department of transportation is hereby empowered and directed to formulate and adopt, and from time to time as may be necessary revise, an airport-approach plan for each publicly-owned airport in the state. Each such plan shall indicate the circumstances in which structures and trees are or would be airport hazards, the area within which measures for the protection of the airport's aerial approaches should be taken, and what the height limits and other objectives of such measures should be. In adopting or revising any such plan, the department shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, and the practicability of lowering or removing existing obstructions, and all other material matters, and the department may obtain and consider the views of the agency of the federal government charged with the fostering of civil aeronautics as to the aerial approaches necessary to safe flying operations at the airport. Source. 1941, 145:3. RL 51:80. RSA 424:3. 1985, 402:6, I(c)(3).

RSA 424:4 Privately-owned Airports.

424:4. Privately-owned Airports. The department of transportation is hereby empowered and directed to formulate and adopt, and from time to time as may be necessary revise, an airport-approach plan for such airports as are privately owned but which have been licensed for commercial operation, have facilities available for public use and are necessary in the opinion of the department for the maintenance of an effective airway system in the state. Every privately-owned airport so designated by the department is hereby declared to be eligible for zoning protection and for the purposes hereof shall be deemed to be a publicly-owned airport for the purposes of airport zoning as provided in this chapter. Source. 1949, 53:2. RSA 424:4. 1985, 402:6, I(c)(3).

RSA 424:5 Adoption of Airport Zoning Regulations.

424:5. Adoption of Airport Zoning Regulations. I. Every town having within its territorial limits an airport, or an area approved as an airport site by the commissioner, shall adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations applicable to such area, which regulations shall divide the area into zones, and, within such zones, specify the land uses permitted, regulate and restrict the height to which structures or trees may be erected or allowed to grow, and regulate and restrict the creation and discharge of smoke, steam, dust or other obstructions to visibility, electrical impulses and disturbances which interfere with radio aids or communication and regulate and restrict lighting as may be necessary to effectuate the safe approach to the airport. II. In the event that a town has adopted, or hereafter adopts, a general zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations adopted for the same area or portion thereof under this chapter, may be incorporated in and made a part of such general zoning regulations, and be administered and enforced in connection therewith, but such general zoning regulations shall not limit the effectiveness or scope of the regulations adopted hereunder. III. Any zoning or other regulations applicable to any area within which, according to an airport-approach plan adopted by the department, measures should be taken for the protection of airport approaches, including not only any airport zoning regulations adopted under this chapter but any zoning or other regulations dealing with the same or similar matters that have been or may be adopted under authority other than that conferred by this chapter, shall be consistent with, and conform to, the department's approach plan for such area, and shall be amended from time to time as may be necessary to conform to any revision of the plan that may be made by the department. IV. All airport zoning regulations adopted hereunder shall be reasonable, and none shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in RSA 424:6, I. V. If any city or town fails to adopt within a reasonable time airport zoning regulations, the department may, for the protection of the public safety, adopt and from time to time as may be necessary amend or repeal such regulations for such city or town until airport zoning regulations herein provided for are adopted by such city or town. Source. 1941, 145:4. RL 51:81. RSA 424:5. 1955, 58:2. 1985, 402:6, I(c)(3).

RSA 424:6 Permits and Variances.

424:6. Permits and Variances. I. Permits. Where advisable to facilitate the enforcement of zoning regulations adopted pursuant to this chapter, a system may be established for granting permits to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes therein or substantial repairs thereof. In any event, before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No such permit shall be granted that would allow the structure or tree in question to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted; and whenever the administrative agency determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, destroyed, deteriorated, or decayed: (a) no permit shall be granted that would allow said structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations, but a permit shall be issued as of right if the structure as erected or altered is in conformance with the regulations or will not constitute a greater hazard than the structure that is replaced or altered; and (b) whether application is made for a permit under this paragraph or not, the said agency may by appropriate action compel the owner of the nonconforming structure or tree to lower, remove, reconstruct, or equip such object as may be necessary to conform to the regulations. Except as indicated, all applications for permits for replacement, change or repair of nonconforming uses shall be granted. II. Variances. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted hereunder may apply to the zoning board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations. III. Obstruction Marking and Lighting. In granting any permit or variance under this section, the administrative agency or zoning board of adjustment may, if it deems such action advisable to effectuate the purposes hereof and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon. Source. 1941, 145:5. RL 51:82. 2001, 40:1, eff. Aug. 7, 2001.

RSA 424:6-a Application of Zoning and Planning Laws.

424:6-a. Application of Zoning and Planning Laws. The provisions of title LXIV shall apply to procedures for adoption of local airport zoning regulations, the administration and enforcement of the requirements of local airport zoning regulations, and procedures for rehearing and appeal from any action taken by a local land use board, building inspector, or the local legislative body with respect to airport zoning regulations. Source. 2001, 40:2, eff. Aug. 7, 2001.

RSA 424:10 Acquisition of Air Rights.

424:10. Acquisition of Air Rights. In any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming use; or (2) the approach protection necessary according to the department's airport-approach plan cannot, because of constitutional limitations, be provided by airport zoning regulations hereunder; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the town within which the property or nonconforming use is located, the town owning the airport or served by it, or the governor and council, upon recommendation of the department, may acquire, by purchase, grant, or condemnation in the manner provided by law by which towns or the governor and council are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question, and so may acquire a substitute property, structure and easement and convey the same to anyone whose structures, easements and property are or may be a nonconforming use, as may be necessary to effectuate the purposes hereof. Source. 1941, 145:9. RL 51:86. RSA 424:10. 1985, 402:6, I(c)(3).

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXIX-424.htmFetched: 10/20/2026