Construction fees in New Hampshire
This state has a general impact fee enabling act. Local governments here charge under a statewide statute, which means there are written limits on what can be charged, how it must be calculated and when it must be refunded.
N.H. Rev. Stat. Ann. § 674:21
Guiding standard in the act: proportionate share; reasonably related. That phrase is the ceiling on what may be charged, and it is the cheapest argument a fee payer has.
Your fee stack in New Hampshire
Answer four things and get the list of every body that can bill this project, what each one is allowed to charge for, and the rights your state's law gives you before you pay.
What New Hampshire says about your project
New Hampshire allows the broadest facility list of any state, including schools, but imposes almost no planning requirements in the statute itself.
Impact fees here sit inside the innovative land use controls section of the planning statute, so the local ordinance carries most of the weight.
Collection at certificate of occupancy, rather than permit, is friendlier to a builder's cash flow than most states.
What the fees may pay for
10 of 10 facility categories are eligible here. A charge for anything not on this list is resting on some other authority, and that is a fair question to ask.
| Facility type | Eligible for impact fees |
|---|---|
| Roads and transportation | Yes |
| Water facilities | Yes |
| Wastewater and sewer | Yes |
| Stormwater and drainage | Yes |
| Parks and recreation | Yes |
| Fire | Yes |
| Police | Yes |
| Libraries | Yes |
| Solid waste | Yes |
| Schools | Yes |
Timing, credits, refunds and waivers
| Provision | What the act says |
|---|---|
| When the fee may be collected | certificate of occupancy |
| Recoupment of prior costs allowed | Yes |
| Spend-or-refund window | 6 years |
What to do next in New Hampshire
- Confirm whether your parcel is in a city or unincorporated, then pull the taxing district list from the assessor's record. Why that list is the real fee list.
- Request the current adopted fee schedule and a written fee estimate for the address. The six-step sequence.
- Call each utility separately. Tap fees usually sit outside the act, and are often the largest line.
- Calendar the refund date. Unspent fees here come back after 6 years. Almost nobody claims these.
- Pay under protest if you intend to dispute anything at all. What that preserves.