AN ACT relative to recording development restrictions.

SPONSORS: Rep. Shurtleff, Merr 10

COMMITTEE: Municipal and County Government


This bill requires development restrictions that have been approved by a local land use board to be recorded with the register of deeds in order to be enforceable against future owners.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Nine

AN ACT relative to recording development restrictions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Enforcement of Development Restrictions; Recording with Register of Deeds Required. Amend RSA 674:21-a to read as follows:

674:21-a Development Restrictions Enforceable. Any open space designation or other development restriction which is part of a cluster development, planned unit development, village plan alternative subdivision, or other proposal approved under innovative land use controls, or which is lawfully imposed by a local land use board as a condition of subdivision, site plan, variance, or other type of approval, and which has been filed in the records of the local land use board in accordance with its established procedure, shall be deemed to create a conservation restriction as defined in RSA 477:45, I, which shall run with the land, and shall be enforceable by the municipality, or by the owner of any property which would be specially damaged by the violation of such restriction, [regardless of whether any deed or other instrument conveying such restriction has been executed or recorded] but only after a deed or other instrument or plan conveying or referring to such restriction and containing the name of the current owner of record and a description of the affected property sufficient to identify it has been recorded in the registry of deeds. For purposes of this section, an applicant’s statement of intent to restrict development, submitted with or contained in an application which is subsequently approved, shall be deemed a condition of the approval.

2 Effective Date. This act shall take effect January 1, 2010.