N.H. Rev. Stat. Ann. § 48-A: § 48-A:12
Exceptions.
Operative Text
An ordinance, code or bylaw adopted pursuant to the authority of this chapter may provide that any dwelling, building or structure situated within an historic district that is established under RSA 31:89-b, or within such other classes of dwellings, building or structure as the governing body shall determine to have special significance to the public interest and shall expressly define in such ordinance, code or bylaw, may be approved by the board of aldermen as a special exception, after public hearing, and the provisions of such ordinance, code or bylaw may be waived in their application to such dwelling, building or structure, in whole or in part or otherwise so modified as the housing board of appeals may determine.
Under N.H. Rev. Stat. Ann. § 48-A:12, local housing ordinances, codes, or bylaws adopted under Chapter 48-A may include a mechanism to grant special exceptions for certain properties. Specifically, dwellings located within a historic district established under RSA 31:89-b, or within other categories of buildings that a local governing body has formally defined as having special public significance, may be exempted from some or all of the ordinance's requirements. This exemption process requires a public hearing and approval by the board of aldermen, with the housing board of appeals having authority to determine how the ordinance's provisions are waived or modified for the qualifying property.
Plain English — not legal advice.
Property owners managing dwellings that fall within a historic district or another specially designated category under § 48-A:12 should be aware that local ordinances adopted under Chapter 48-A may offer a formal special-exception pathway. A compliant operator seeking such an exception typically ensures the property qualifies under the local ordinance's express definitions, participates in the required public hearing process, and obtains approval from the board of aldermen before assuming any waiver applies. Operators also generally work within the scope of any modifications the housing board of appeals determines are appropriate, rather than treating the exception as a blanket exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 48-A:12, tenants living in historic-district properties or other specially designated buildings should understand that their dwelling may be subject to a modified or partially waived set of local housing standards if a special exception has been granted. Because the public hearing requirement is a procedural safeguard built into this provision, tenants generally have an opportunity to participate in or monitor that process at the local level. Those who believe an exception was improperly granted or that their housing conditions are affected may consider contacting their local housing board of appeals, a local tenant-rights organization, or reviewing the express definitions in the applicable local ordinance for further guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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