Building Permits on Class VI Roads
Building on land that only has access via a Class VI road presents unique legal challenges. This page explains the current requirements under RSA 674:41, the approval process, and significant changes coming in 2026.
Important: Law Changes Coming July 1, 2026
In 2025, the NH Legislature passed amendments to RSA 674:41 that will significantly change how building permits are issued for Class VI road lots. The changes take effect July 1, 2026. This page covers both current law and upcoming changes.
Current Law: RSA 674:41
The General Rule
RSA 674:41 generally prohibits issuing a building permit for any lot unless the street giving access is:
- A Class V highway or better, OR
- Shown on a subdivision plan approved by the planning board, OR
- A Class VI highway or private road where the governing body has voted to authorize building permits
Purpose of the Restriction
"The purpose of this limitation...is to provide against such scattered or premature subdivision of land as would necessitate the excessive expenditure of public funds."
In other words, the law prevents development in areas where the town might be pressured to upgrade roads it doesn't want to maintain.
Current Approval Process (Until July 2026)
Apply to the Select Board
Submit a written request to your town's Board of Selectmen (or City Council) asking for authorization to obtain a building permit for your lot on the Class VI road.
Planning Board Review
The planning board reviews and comments on your application. They may consider factors like road conditions, emergency access, and consistency with the town's master plan.
Governing Body Vote
The selectmen (or council) must vote to authorize building permits for your lot or the portion of road in question. This is a discretionary decision - they can say no.
Sign Required Waivers
You must acknowledge in writing that the municipality:
- Will not maintain the road
- Assumes no liability for damages
- Will not provide services dependent on road access
Record the Waiver
The waiver must be recorded at the Registry of Deeds before the building permit is issued. This ensures future owners are on notice.
Changes Effective July 1, 2026
Major Change: No More Governing Body Vote Required
Under the 2025 amendments (Laws of 2025, Chapter 256), the requirement for selectmen/council approval will be removed. Instead, applicants will be able to obtain building permits by:
- Signing a waiver acknowledging the municipality will not provide services, maintain the road, or be liable for losses
- Recording the waiver in the Registry of Deeds before permit issuance
- Demonstrating insurability of the lot and any structures
What This Means
- Faster, more predictable approval process
- Less municipal discretion to deny permits
- Insurance requirement creates a market check
- Towns still protected from liability
What Stays the Same
- Waivers still required
- Recording still required
- Towns still not liable for road condition
- Towns still have no duty to maintain
Key Court Case: Harvey v. Town of Barrington (2024)
In Harvey v. Town of Barrington, 2024 N.H. 10, the NH Supreme Court reaffirmed that:
- A planning board's approval of a subdivision cannot override RSA 674:41's requirements
- Building permits still require proper road access, regardless of subdivision approval
- The statute applies equally to building permits and subdivision approvals
Takeaway: Getting subdivision approval doesn't automatically mean you can get a building permit. The road access requirements must still be satisfied.
Practical Considerations
Financing Challenges
Many lenders are reluctant to provide mortgages for properties on Class VI roads. You may need to: pay cash, find a specialty lender, or obtain owner financing. This can significantly affect property values.
Insurance Requirements
The new 2026 law requires demonstrating "insurability." Some insurers may charge higher premiums or decline coverage for remote properties with limited emergency access.
Emergency Services
Fire, ambulance, and police response times may be significantly longer on Class VI roads. Some fire departments may not be able to respond at all if the road is impassable. Consider this carefully before building.
Road Maintenance Costs
You'll be responsible for maintaining road access to your property. This can include grading, gravel, culvert maintenance, and snow plowing - costs that can add up significantly over time.
Variance Option
If you cannot satisfy RSA 674:41's requirements, you may be able to seek a variance from the Zoning Board of Adjustment. This requires showing unnecessary hardship - a high bar to meet. Many towns also have local ordinances that mirror state law requirements.
Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Building permit requirements vary by municipality. Consult with your local building official and a NH attorney before purchasing or developing land on a Class VI road.