ADU Experts
← All posts
Law & zoning

One state law, 232 towns: how NH towns differ on ADUs

NH ADU Experts · July 8, 2026 · 6 min read
The by-right baseline is statewide: since July 1, 2025, RSA 674:71-73 (HB 577) allows one ADU on every single-family lot in New Hampshire, detached included. But the numbers that actually shape your project — front, side, and rear setbacks, lot coverage, the permit desk you walk up to — are still set town by town. Same law, 232 different rulebooks. Here's what changes when you cross a town line, and what doesn't.

The floor is statewide

Start with what no town can take away. One ADU by right on any single-family lot. Detached ADUs allowed, up to 950 sf by right. No special permits or discretionary hearings for a compliant unit. And no ADU-specific setbacks — your ADU follows the same setbacks as your house. That's the state floor, and we walk through every piece of it on our law page. Towns can be more generous than the floor. They can't dig below it.

What actually differs: your district's setbacks

Here's the twist most homeowners miss. The law says your ADU uses your single-family setbacks — but it never says what those setbacks are. Each town writes its own, district by district. Six real towns, primary residential district, numbers read straight from each ordinance:

TownDistrictFrontSideRear
DurhamRA30 ft10 ft20 ft
PortsmouthSRB30 ft10 ft30 ft
ConcordRS25 ft15 ft25 ft
ManchesterR-1A25 ft10 ft30 ft
MadburyGRA50 ft15 ft15 ft
LeeA50 ft25 ft25 ft

Read that spread again. A Manchester R-1A lot keeps a building 10 ft off the side line; a Madbury or Lee lot needs 50 ft off the road. Same state law, very different buildable envelopes. And these are just the primary districts — most towns have several, each with its own row of numbers. That's why the first question we answer on any project is “which district is your parcel in?”

Size caps differ too — upward

The state default for a detached ADU is 950 sf by right, and a town can't cap you below 750 sf. But towns are free to allow more, and some do. That matters if you're eyeing a bigger two-bedroom: the same floor plan can be by right in one town and over the cap next door. Check your town before you fall in love with a plan — our model lineup lists exact square footage for every unit so the comparison takes seconds.

The paperwork is local

By right doesn't mean no process — it means a predictable one. You still file a building permit, and every town runs its own desk: its own forms, its own fees, its own inspection schedule. A few towns still carry an owner-occupancy requirement, so we confirm that rule for your specific town before anything gets drawn. None of this is hard. It's just local, and it rewards knowing the town before you file.

Look your town up in a minute

You don't need to read your zoning ordinance — we already did. Our town directory publishes setbacks read directly from each town's official ordinance, citation included. From there, the visualizer draws those setbacks on your actual parcel and lets you drop a model inside them. And if you'd rather have a person do it, a free zoning review checks your lot against the state law and your town's numbers — no cost, no obligation.

Common questions

Does my town have to allow an ADU?
Yes. Since July 1, 2025, RSA 674:71-73 (HB 577) allows one ADU by right on every single-family lot statewide. A town can be more permissive than the state law, but it can't refuse a compliant ADU.
Why are my setbacks different from my neighbor's one town over?
Because ADU setbacks are your lot's single-family setbacks, and those are set by each town's zoning district. The state law didn't standardize setbacks — it just banned ADU-specific ones.
Can my town cap my ADU below 950 sf?
A town can't limit an ADU to less than 750 sf. When a town's zoning says nothing about ADU size, the by-right cap for a detached unit is 950 sf — and some towns allow larger.
How do I find my town's setback numbers?
Our town directory publishes front, side, and rear setbacks read directly from each town's official ordinance, with the citation. Look your town up, or send us your address and we'll run the check for free.
Does your lot qualify? Find out for free.

We check your parcel against the by-right law and your town's setbacks — no cost, no obligation.

Get a free zoning review
Keep reading