New Hampshire Town & City September/October 2026

September/October 2026

TownandCity N E W

H A M P S H I R E

A PUBLICATION OF NEW HAMPSHIRE MUNICIPAL ASSOCIATION

In This Issue: HealthTrust Spotlight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-19 NLC: AI in Local Government: Lessons from 2025 and Emerging Cyber Threats in 2026 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Cyber Safety Update: In the Age of AI, Cybersecurity Basics Matter Even More . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 What Is the Truth About “Legally Pre-existing Nonconforming Land Uses”? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 NHARPC: “Local Solutions to New Hampshire’s Housing Challenge” How HOP Grants and Regional Planning Commissions Are Helping New Hampshire Municipalities Plan for Housing Needs. . . . . . . . . . . . . . . . . . . . . . 36

Contents Table of

Volume LXIX • Number 5

September/October 2026

HealthTrust Spotlight 3 A Message from NHMA Interim Executive Director

14 Why Work/Life Balance 17 Creating a Workplace Matters

4 Happenings

15 Healthy Snacks for the Workplace

6 Upcoming Events

16 Supporting Employee

8 Legal Q and A: Committee Creation And Management 10 Legislative Update: 2026 Legislative Session, By the Numbers 12 Tech Insights: Utilizing NHMA’s Wage Data Part 3 22 Clerk's Corner 25 Court Update 48 Trivia: Name that Town or City

Health with Stretching

20 24 26 36

that Supports Caregivers

18 How Leaders Can

Support Mental Health in the Workplace

19 Prevention Starts with Leadership

NLC: AI in Local Government: Lessons from 2025 and Emerging Cyber Threats in 2026 Cyber Safety Update: In the Age of AI, Cybersecurity Basics Matter Even More What Is the Truth About “Legally Pre-existing Nonconforming Land Uses”?

NHARPC: "Local Solutions to New Hampshire’s Housing Challenge” How HOP Grants and Regional Planning Commissions Are Helping New Hampshire Municipalities Plan for Housing Needs.

Front Cover: The Conway Scenic Railway train on the Crawford Notch route, just west of Bartlett, New Hampshire. Hardwood trees are showing peak fall color in the White Mountain National Forest.

New Hampshire Municipal Association Staff Miranda Blaikie, Communications Coordinator, Town & City Editor in Chief Sarah Burke Cohen, NHMA Interim Director & Legislative Advocate Jonathan Cowal, Legal Services Counsel C. Christine Johnston, Legal Services Counsel Brodie Deshaies, Legislative Advocate

Official Publication of the New Hampshire Municipal Association 25 Triangle Park Drive • Concord, New Hampshire 03301 Phone: 603.224.7447 • Email: info@nhmunicipal.org • Website: www.nhmunicipal.org New Hampshire Municipal Association: NEW HAMPSHIRE TOWN AND CITY (USPS 379-620) (ISSN 0545-171X) is published 6 times a year for $25/member, $50/non-member per year, by the New Hampshire Municipal Association, 25 Triangle Park Drive, Concord, New Hampshire 03301. All rights reserved. Advertising rates will be furnished upon application. Periodical postage paid at Concord, NH 03302. POSTMASTER: Send address changes to NEW HAMPSHIRE TOWN AND CITY, 25 Triangle Park Drive, Concord, NH 03301.

Ashley Methot, Event Coordinator

NEW HAMPSHIRE TOWN AND CITY serves as a medium for exchanging ideas and information on municipal affairs for officials of New Hampshire municipalities and county governments. Subscriptions are included as part of the annual dues for New Hampshire Municipal Association membership and are based on NHMA’s subscription policy.

Nothing included herein is to be construed as having the endorsement of the NHMA unless so specifically stated. Any reproduction or use of contents requires permission from the publisher. POSTMASTER: Address correction requested.

Pam Valley, Administrative Assistant

© Copyright 2026 New Hampshire Municipal Association

Marty Karlon, Policy & Research Analyst Tammy Letson, Government Finance Specialist Judith Pellowe, Business Administrator

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Production/Design Evans Printing Co.

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New Hampshire Municipal Association

B OA R D O F D I R E C TO R S Elizabeth Fox -

Joanne Haight - Secretary Select Board Chair, Sandwich

Joseph R. Devine - Treasurer Town Manager, Salem

Asst. City Manager, HR Director, Keene

Conservation Commission, Holderness

Shelagh Connelly

Phil D’Avanza Planning Board, Goffstown

Andrew Dorsett Zoning Board of Adjustment, Lyman

Dale Girard Mayor, Claremont

Bonnie Ham Planning Board, Woodstock

Robert Edwards Selectman, Antrim

Jennifer Kretovic City Councilor, Concord

Holly Larsen Finance Director/Tax Collector, Berlin

Conner MacIver Town Administrator, Barrington

Jim Michaud Chief Assessor, Hudson

David Moore City Manager, Somersworth

Shaun Mulholland Town Manager, Londonderry

Matthew Normand City Clerk, Manchester

Lori Radke Town Councilor, Bedford

Lori Rautiola Town Administrator, Swanzey

Thomas Seymour Moderator, Hill

David Stack Town Manager, Bow

Dennis Shanahan - Chair Deputy Mayor, Dover

Jeanie Forrester - Vice Chair Select Board Member, Meredith

Michael Branley Town Administrator, Windham

Laura Buono Town Administrator, Hillsborough

Stephen Fournier Town Manager, Newmarket

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Immediate Past Chair

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A Message from the

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NHMA

Interim Director

Sarah Burke Cohen

s I settled into my new role as Interim Executive Director of NHMA, I’ve found myself reflecting on what helps people and organizations navigate change with confidence.

If there’s one thing leadership transitions remind us, it’s that organizations are powered by people. As NHMA begins a new chapter, I’ve found myself thinking not only about where we’re headed, but also about how we get there. The answer isn’t just good planning or strong leadership; it’s also healthy, resilient people. Taking care of our physical and mental well-being isn’t separate from serving our communities; it’s what allows us to do that work well, especially during times of change. This issue of Town & City features articles from HealthTrust that talk about how to support employees as people, not just workers.

Of course, the September/October issue also means NHMA’s Annual Conference is right around the corner. The event takes place at the Downtown Doubletree Hotel in Manchester on October 28-29, and registration is open! In addition to our usual two days of educational sessions and jam-packed Exhibit Hall, Wednesday night features the NHMA Fair at which you will enjoy a social hour, a buffet dinner featuring classic fair favorites, games, and sweet treats from vendors, including cotton candy. Like any New Hampshire fair, it’s the people who make it special. We hope you’ll join us for two days of networking, learning, and fun with NHMA staff and your municipal colleagues from across the state.

Additionally, NHMA will hold its biennial Legislative Principles and Policies Conference on September 11. At this conference, modeled on a traditional town meeting, our member municipalities each get one vote to determine NHMA’s Legislative Principles and Policies, which will serve as a guidepost for our Advocacy Team over the next two years. Speaking of legislation, after the legislative session ended in June, the Legal Services Team drafted several guidance documents on key law changes affecting cities and towns, which can be found on our website. As always, we continue to offer a plethora of educational opportunities for local officials. You can Warmest regards, check out our 2026 Events At a Glance or visit our Events Calendar to learn more and register.

We hope you enjoyed the summer and look forward to seeing or hearing from you as we wind down another busy, rewarding year serving New Hampshire’s cities and towns.

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Sarah Burke Cohen, NHMA Interim Director

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HAPPENINGS Is something new and exciting happening in your city or town?

We'd love to include it in Town & City! Email us at publications@nhmunicipal.org

World Affairs Counsel

On July 2, Margaret Byrnes met with leaders from the around the world at the World Affairs Counsel in Manchester as part of the project "Freedom 250: The U.S. Constitution’s Enduring Global Legacy." In addition to talking about NHMA, Byrnes and the group discussed how the relationship between local, state, and federal government works in practice, and how constitutional and state law can shape decision-making at the municipal level.

regulatory barriers. Just as importantly for local governments, the package is an example of Congress choosing partnership with local governments over preemptions to address the nation’s deficit of millions of units of housing.

The bill is now with the President, and enactment is expected soon. Although it will take months for federal agencies to stand up the new resources and regulatory changes in the bill, cities can start thinking about what the bill means for their own housing strategies now.

Vote in Honor of a Veteran

The Secretary of State’s Office is pleased to launch its “Vote in Honor of a Veteran” program, which gives New Hampshire voters the opportunity to recognize the veterans and service members in their lives who protect our most precious freedom – the right to vote.

A Special Farewell to Margaret Byrnes

NHMA staff gathered to celebrate Margaret Byrnes on her final day as Executive Director, recognizing her years of leadership, dedication, and service to New Hampshire's municipalities. As part of the sendoff, Margaret was presented with a collection of NHMA gear and a special keepsake: her very own "Margaret's Bulletin," a playful tribute inspired by NHMA's longstanding Legislative Bulletin. Filled with memories, appreciation, and a few smiles, the occasion reflected the profound impact Margaret has had on the organization, its staff, and members across the state. We thank Margaret for her many contributions and wish her all the best in her next chapter.

10 Things for Local Leaders to Know About the “21st Century ROAD to Housing Act” The 21st Century ROAD

to Housing Act (PDF) is the first comprehensive housing package to pass Congress in decades. The bill, which passed with overwhelming bipartisan support in the Senate (85-5) and House (358-32), aims to boost housing supply through improvements to existing programs, unlocking private capital and reducing federal 4

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To participate in the program, simply use the button below to submit the name of the veteran or service member you are voting in honor of and a short testimonial on what their service means to you.

In exchange, the Secretary of State’s Office will mail you a “Vote in Honor of a Veteran” lapel pin designed by Navy veteran Jacob Aldridge that you can wear proudly on Election Day.

Artist’s Biography: Our “Vote in Honor of a Veteran” pin was

designed by Navy veteran Jacob Aldridge in 2024. Originally from Virginia, Mr. Aldridge joined the navy after graduating high school in 2010. Following his service as an auxiliary technician aboard the USS Cheyenne, he joined the USS New Hampshire. After a decade of dedicated service in the Navy, he worked as an engineering tech at the Portsmouth Naval Shipyard.

Mr. Aldridge, a recipient of five Navy & Marine Corps Achievement Medals, is currently pursuing a degree in Fine Arts at Great Bay Community College.

Register now! https://www.eventsquid.com/event.cfm?id=22251 www.nhmunicipal.org

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Upcoming

Events SEPTEMBER Right-to-Know Law: Public Meetings & Governmental Records Workshop 9:00 am – 2:30 pm - Wednesday, September 2 25 Triangle Park Dr, Concord, NH 03301 and Zoom Academy for Good Governance Course I. Governing Body Roles & Responsibilities 5:00 pm - 7:00 pm - Thursday, September 3 - Zoom Labor Day (NHMA Offices Closed) Monday, September 7 Academy for Good Governance Course II. Understanding Employee Benefits 5:00 pm - 7:00 pm - Wednesday, September 9 - Zoom New Hampshire’s Lithium‑Ion Battery Disposal Ban & Municipal Responsibilities Webinar 10:00 am – 11:30 am - Thursday, September 10 - Zoom Legislative Policy Conference 1:00 pm - 4:00 pm - Friday, September 11 25 Triangle Park Dr, Concord, NH 03301 Academy for Good Governance Course III. Internal Controls 5:00 pm - 7:00 pm - Tuesday, September 15 - Zoom Budget & Finance Workshop 9:00 am - 4:30 pm - Thursday, September 17 The Derryfield Restaurant & Event Center 625 Mammoth Rd., Manchester, NH 03104 and Zoom First Amendment Audits Webinar 12:00 pm – 1:00 pm - Tuesday, September 22 - Zoom Academy for Good Governance Course IV. How to Run an Effective Meeting (and Comply with the Right-to-Law) 5:00 pm - 7:00 pm - Tuesday, September 22 - Zoom

For more information or to register for an event, visit our online Calendar of Events at www.nhmunicipal.org. If you have any questions, please contact us at registrations@nhmunicipal.org.

Budget & Finance Workshop 9:00 am - 4:30 pm - Thursday, September 24 Littleton Opera House, 2 Union St, Littleton, NH 03561 Default Budgets Webinar 12:00 pm – 1:00 pm - Tuesday, September 29 - Zoom Finance 101 Workshop 9:00 am - 4:00 pm - Wednesday, September 30 25 Triangle Park Dr, Concord, NH 03301 and Zoom

OCTOBER Academy for Good Governance Course V. Preventing Discrimination, Retaliation and Workplace Hostility in the Public Sector: The Essential Role of Good Governance 5:00 pm - 7:00 pm - Thursday, October 1 - Zoom Finance 101 Workshop 9:00 am - 4:00 pm - Wednesday, October 7 Littleton Opera House, 2 Union St, Littleton, NH 03561 Academy for Good Governance Course VI. Managing Your Public Entity’s Liability Risk 5:00 pm - 7:00 pm - Wednesday, October 7 - Zoom Columbus Day (NHMA Offices Closed) Monday, October 12 Academy for Good Governance Course VII. Cybersecurity for Elected Officials 5:00 pm - 7:00 pm - Wednesday, October 14 - Zoom NHMA Board of Directors Meeting 9:30 am - 12:00 pm - Friday, October 16 25 Triangle Park Dr, Concord, NH 03301 85TH Annual NHMA Conference and Exhibition Wednesday, Oct 28, 7:30am - Thursday, Oct 29, 2:45pm DoubleTree by Hilton Downtown Manchester Hotel, 700 Elm St, Manchester, NH 03101

For the most up-to-date event and training information, please visit the NHMA website at www.nhmunicipal.org. Event times and dates are subject to change. Thank you.

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Legal

Q and A Committee Creation And Management

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Jonathan Cowal, Legal Services Counsel

he term “committee” is often used to describe many different types of public bodies.

Sometime, that term is used in conjunction with a statutorily created and defined public body such as an official budget committee. In an example such as this, it is not difficult to find the rules regarding the scope, authority, and composition of an official budget committee since there are several statutes within RSA Chapter 32 which clearly provide answers to these questions. However, in the vast majority of cases, when we are talking about committees, we are referring to sub-committees or advisory committees. In other words, committees which have been created by the town, perhaps town meeting, or by another public body like the select board or planning board to assist with a specific town function. These are committees like the town’s 4th of July planning committee, an unofficial budget committee, Old Home Day Committee, trail maintenance committee, etc. None of these committees exist in the statutes, and so many municipalities struggle with understanding how these committees operate and function. This article will cover some of the more common questions surrounding advisory and sub-committees and provide some practical advice for creating and managing such committees.

Q. Who has the authority to create a committee?

A. Committees can be created in a number of different ways. The select board has broad authority to create advisory committees to assist the board with managing the prudential affairs of the town, and any time an issue arises that the select board wants or needs assistance with, they may choose to establish an advisory committee to task with handling that problem. This same concept applies to many of the other public bodies in town, such as the planning board, library trustees, etc. It is also possible for a town manager or town administrator to be granted the authority to establish a committee to assist with a specific purpose. In most cases, this would be done in conjunction with input and direction from the governing body of the municipality. Sometimes, 8

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the governing body, or even the citizens through a petitioned warrant article, may submit an article for vote at town meeting seeking to establish an advisory or sub-committee in town. Finally, it is also common for the residents of a town to create their own committees for issues that matter to them.

These committees could be recognized as official town committees or perhaps exist independently from the municipality.

Q. Do committees follow the same rules as other public bodies?

A. Yes and no. The one big rule, that applies to all committees other than those that are totally independent from town government and exist only through the creation and management of private citizens, is that all committees must still abide by the rules of RSA 91-A. Under RSA 91-A:1-a a public body is defined as, “any legislative body, governing body, board, commission, committee, agency, or authority of any county, town, municipal corporation, school district, school administrative unit, chartered public school, or other political subdivision, or any committee, subcommittee, or subordinate body thereof, or advisory committee thereto.” This means that any sub-committee, advisory committee, or otherwise must still hold public meetings to conduct official business. Those meetings must be properly noticed, held in a public location, with minutes being taken. There is no such thing as a “work session” or “fact finding meeting” or any other term of art to describe official business of an advisory committee which would exempt said committee from needing to hold public meetings. Even if no votes are being taken or no decisions being made, when the members of those committees are discussing official business back and forth with each other, they need to be doing so in a properly noticed public meeting. Other than this “golden rule”, the other rules governing committees can be much more flexible. www.nhmunicipal.org

Q. Who establishes the rules for committees?

A. The rules by which a committee operates under should be established by the entity creating the committee. That means, if the select board chooses to create a finance committee, the select board should be establishing clear rules for how that committee will operate at its establishment. The same goes for if a committee is created by a vote of town meeting. The establishing warrant article should include language establishing membership, terms of appointment, and the scope and authority of that committee. There is no statute which is going to tell you how many members your town garden management committee should have, who appoints those members, what happens if there is a vacancy, how often the committee meets, are there any alternates, etc. These questions all need to be answered by the entity which created the committee in the first place. It is also appropriate for the creating entity to allow the committee to establish their own rules of procedure. Once it is determined who will be serving on the committee, and for how long, the newly appointed members may be tasked with adopting their own rules of procedure. They can decide for themselves things like whether or not they want to have a chair, vice chair, secretary, etc.

Q. What process should be followed to properly establish a committee?

A. Again, the answer can depend on whether or not the committee is being formed by an act of the town meeting or by some other public body, but here is an example of what that process might look like using the select board as an example.

First, it comes to the select board’s attention that there is a particular issue that needs to be addressed.

Perhaps residents begin to complain that the town

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roads and recreation areas are being inundated with trash and litter. The select board decides they want to create a Town Clean Up Committee.

The goal of this committee will be to coordinate clean-up efforts with the DPW and volunteers to explore ways to prevent litter in the future.

The creation, goals and membership of the Town Clean Up Committee should be established by the select board in an official manner, via a majority vote.

The select board should craft a detailed motion to be adopted at a public meeting giving the Town Clean Up Committee a defined list of members, with specific terms of office, to be appointed by the select board. Each appointee would also be required to be sworn in for their term of office. The Committee should also be required to provide a report to be printed in the annual town meeting report.

Next, at the first meeting of the newly formed Committee, the Committee should appoint an active and committed chair or a staff person assigned to keep the Committee moving forward. This first meeting should also be when the Committee discusses drafting rules of procedure that will govern future meetings with the goal of having a draft version ready to be adopted at the next meeting. Finally, the Committee needs to make sure all the members are aware of the rules of RSA 91-A and make sure they have a minute taker assigned to draft meeting minutes and make sure they are properly filed after each meeting.

If, at any point, there is a fundamental disagreement or confusion among the committee members about the purpose of the committee or the rules governing the committee, the members should seek clarification from the select board, as that is the entity they will ultimately need to answer to.

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Legislative Update: 2026 Legislative Session, By the Numbers Marty Karlon, Policy & Research Analyst

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he information contained in this article is not intended as legal advice and may no longer be accurate due to changes in the law. Consult NHMA's legal services or your municipal attorney.

As of this writing, the 2026 Legislative session is done but for the submission of non-binding committee reports on bills referred to interim study. While we await these final outcomes and speculate what 2027 will bring, here is a look back at the 2026 session, by the numbers: 833 / 271 The number of House / Senate bills introduced in 2026, for a grand total of 1,104. This is on par with historical trends and similar to 2025, when 1081 bills were introduced. Despite the total number of bills being pretty close, the distribution of bills was quite different in 2026, with 102 more House Bills filed and 79 fewer Senate bills.

94 The number of legislative service requests (LSRs) that were withdrawn before being assigned a bill number. A number of requests are withdrawn every year, often due to redundancy with other proposals or because the language needs more work.

367 The number of bills tracked by the NHMA, about the same number as last year. It's worth mentioning that this number changes several times during the session, as bills can be amended to add or remove municipal impacts. That's why it is important to watch every bill, and every amendment, in real time. The NMHA Advocacy Team has your back on that score, but we also provide members access to FastDemocracy, an online bill tracking platform, for efficient, realtime updates to legislative activity of interest to your municipality.

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Visit our online Bill Tracker page — https://www.nhmunicipal.org/ nhma-bill-tracker-fastdemocracy — to learn more. When the 2027 session begins, you can also subscribe to weekly or daily updates on topics or specific bills of interest.

82 Number of bills related to zoning, planning, or housing introduced this session in the House and Senate.

62 Number of House or Senate bills dealing with elections and/or town meeting.

94 / 123 The number of bills NHMA supported/opposed. NHMA has a member-driven process by which it establishes the legislative policy positions to guide staff advocacy activities over the legislative biennium. The decision to support or oppose a bill is based solely on these member-approved policy positions.

424 The number of House and Senate seats up for grabs on Election Day, November 3.

10 The number of bills NHMA followed that were vetoed by the governor.

134 The number of days between September 1, 2026, and January 13, 2027, when the 2027-28 legislative session convenes.

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Tech

Insights

Utilizing NHMA’s Wage Data Part 3 Tammy Letson, Government Finance Specialist

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will be continuing to use the Wage Data downloaded from NHMA’s website (see the May/June and July/August 2026 issues) to show how you may wish to utilize the data. For a quick recap, I have downloaded wage data, resized the columns, froze the top title row and the columns A and B, and formatted the minimum and maximum columns to be in comma format.

A review of the data shows there are three different salary types – Hourly, Salary, and Stipend. I want to convert all non-stipend wage data to the same format – either hourly or annual base pay. Because there is also a salary range, I will take the average of the minimum and maximum at the same time. Although most users will want the data converted to one format or the other, I will add two columns, one for hourly and another for annual base pay. To do this quickly, I will highlight columns F and G which are currently Notes and Last Updated (Date). Right click anywhere in the highlighted area and choose insert. Excel will insert two columns already formatted the same as the column directly to the left of where you inserted the new columns. This means the new column F and G are both already formatted the same as column E, Maximum, in the comma format. I will add the titles of Hourly and Annual Base Pay to the new columns. Annual Base Pay does not fit within the width of the column. I could resize the column to fit the title, but then the column is wider than I need it for any of the data that will appear.

Instead, I will tell the text to wrap which will also automatically resize the row height. To do this, click in the title cell, G1. Now go to the Home tab and in the Alignment section click on the (wrap) icon. Not only does the text wrap, but the row height automatically adjusted to allow both lines of the wrapped text.

Next, in the Hourly columns, I want to convert the average of all salary items to hourly, average the hourly, and show the stipend amounts as zero. Because I know the data in column C, Salary Type, are one of three options, I can use the IFS function in Excel. The IFS function checks the conditions of a cell or function and returns the first true condition met. In this case, I will go to cell F2, the first row of data under the new Hourly column. In that cell I will type the following function. If your fulltime hours are different than 40 hours a week or 2080 a year, replace the 2080 with your annual number of hours such as 1950 for a 37.5 work week.

If you prefer, you can always use the Insert Function option to enter in formulas / functions. In either case, the function tells us to average the minimum and maximum of the salary positions and bring that down to an hourly rate, or average the hourly rate, or place a zero in the cell if it is a stipend. By defining each of those three choices, that leaves the possibility of a blank field if data in column C has accidentally been altered.

The function for column G, Annual Base Pay, is very similar and is as follows. =IFS(C2="Salary", AVERAGE(D2:E2),C2="Hourly", AVERAGE(D2:E2)*2080, C2="Stipend",0) To save my typing and possibly showing off my not so exemplary typing skills, I copied the formula from F1 into G1. BUT, in order to preserve the cell references, I cannot just copy the cell and paste into another. I click in cell F2 so the function appears in the function box above the cells. I then highlight the entire function and either right click, copy or CTL C. Both options copy the function to the computer’s clipboard. Finally, I click in cell G2, the first data row of the Annual Base Pay column and either right click, paste or CTL V to paste. This method preserves the cell references without Excel trying to be helpful by adjusting the columns over one. Finally, I remove the “/2080” from the salary option and add “*2080” to the hourly option.

To quickly bring those formulas down every row, I highlight both cells F2 and G2. In the lower right corner of the highlighted section there is a black square. Double clicking that square will automatically copy the formulas down to every cell where there is date in the cell directly to the left, column E (Maximum) in this case.

=IFS(C2="Salary", AVERAGE(D2:E2)/2080, C2="Hourly", AVERAGE(D2:E2), C2="Stipend", 0)

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Stay Informed with our Bill Tracker Track key legislation affecting New Hampshire municipalities in real time.

The New Hampshire Municipal Association (NHMA) advocates for the interests of cities and towns at the New Hampshire General Court and state agencies.

With the legislative session running January to June, NHMA tracks state actions that could significantly affect the state's 234 municipalities.

• • • • •

Real-time updates on legislative activity through FastDemocracy Access to bills categorized by legislative topic NHMA's stance on key measures Optonal daily or weekly email updates with new bill actions and upcoming hearings No account is required to access FastDemocracy, but members can create one for additional customization

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Why Work/Life Balance Matters When workers have work/life balance, they are more productive, take fewer sick days and are more likely to stay in their jobs.

No work/life balance? Higher stress levels, more chance of burnout, and more likely to get sick, according to the Mayo Clinic.

On average, employed U.S. adults spend more than half their waking lives working or engaging in work related activities.

Research shows 28% of workers say work/ life balance is the most important of all benefits and 48% of people would leave a job if it prevented them from enjoying their life.

Not every workplace will be able to provide the options in this article. Some jobs will always be on site and some positions will always be on call. But there are ways you can help your employees, co-workers, and team members even out the teeter totter of work/life balance.

Acknowledge life’s challenges. Create a workplace culture that normalizes real life experiences for employees.

Whether they are dealing with a chronic health condition, anxiety, or a death in the family, employees should feel comfortable letting their manager (and teammates) know about an outside stressor.

Realize each employee has different needs. Of course an employee with a sick child needs to stay home, but what if a beloved pet falls ill or an elderly parent is in a crisis situation? Caregiving takes many forms, and it is important to recognize the value of other roles when considering work/life balance.

Evaluate the workplace. Is staffing adequate? Is administrative work evenly distributed? Do front-line workers need recovery time after a stressful situation? Work within budgetary restraints to find options.

Train the team. Everyone, not just managers, should be able to recognize the signs of stress, burnout, or trauma. Another training idea: injury prevention education to help employees avoid back and repetitive motion injuries that might occur on the job.

Take care of yourself, too. Many workplaces have an employee assistance program that offers support to both employees and managers. Review and use the options for counseling, crisis support, and manager trainings.

Did You Know?

Many of the most stressful jobs are, you guessed it, in the public sector.

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Firefighters and police officers have direct life or death responsibility. The combination of high physical danger and split-second decision making creates a high-pressure job. (Forbes)

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Teachers take a lot of work home — planning classes, grading papers, and worries about students. It’s also a lower paying occupation, adding to stress levels. (ABCNews)

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Town workers have physically demanding work environments with a higher possibility of workplace injury and illness rates. (National Safety Council)

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Healthy Snacks for the Workplace Snacking can be good for you — and here’s how employers can help.

Krista Bouchard and Laura Jean Whitcomb Studies have shown snacking at work can improve employee energy levels, concentration, and mood. This doesn’t mean banning cookies or eliminating the occasional dark chocolate treat; everything is fine in moderation. But you can encourage healthy snack choices by making a few small changes in the workplace.

Switch up options.

Replace vending machine items (candy bars) with healthier options (granola bars), if possible. If snacks are offered in a breakroom or kitchen, add a basket of portion-controlled choices (individual trail mix bags) or fresh fruit (bananas or clementines). Make sure snacks are easy to share and easy to eat at a desk or on the go.

Consider hydration.

Hydration is also considered snacking, especially for folks who prefer energy drinks or yogurt smoothies.

Workplaces on a budget could make sure a fresh water source (water cooler) is available or replace sodas with seltzers in the kitchen fridge.

Celebration snacks.

Team meeting, birthday celebration, or strategy session? Swap the cookie tray for a fruit platter or chip and dip for veggies and dip. For workplace-wide potlucks, strive for a balance of foods instead of the usual carbohydrate-based casseroles.

Launch a healthy snack club.

Host a lunch and learn session about healthy snacking, then have employees take turns bringing in healthy snacks to share (and showing off their nutrition knowledge). The snack share could be scheduled weekly, bi-weekly, or monthly depending on the size of your staff and/or interest in the club.

Remember remote employees.

Ask about food allergies and preferences, then send gift cards or vouchers for health-conscious restaurants or stores to remote employees.

Krista Bouchard is a Wellness Coordinator at HealthTrust and a running coach. Laura Jean Whitcomb is the Communications Specialist at HealthTrust and a mother of two snackers.

More than 90% of U.S. adults eat one or more snacks a day. Snacking has even replaced meals — 56% substitute snacks for traditional meals.

www.nhmunicipal.org

SEPTEMBER/OCTOBER 2026

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Supporting Employee Health with Stretching Krista Bouchard As a leader, you play an important role in shaping a healthy workplace culture. While wellness initiatives often focus on nutrition, exercise, and mental health, one simple habit can have a meaningful impact on employee well-being: stretching.

Encouraging employees to take a few minutes throughout the day to stretch can improve comfort, support physical health, and provide a mental reset. Whether your team works at a desk, on their feet, or in the classroom, incorporating stretching into the workday is an easy way to promote overall wellness.

Improve Comfort and Mobility Hours spent sitting, standing, or performing repetitive tasks can leave muscles feeling tight and stiff. Regular stretching helps maintain flexibility and joint mobility, making everyday movements more comfortable. Employees who move more throughout the day may also experience less physical discomfort and better posture.

Help Reduce Risk of Injury Muscles that are tight and inflexible are more susceptible to strains and other injuries. Encouraging employees to stretch before physically demanding tasks or after long periods of inactivity can help prepare the body for movement and support safer work habits.

Support Stress Management Stretching offers more than physical benefits — it can also help employees recharge mentally. Even a brief stretch break can relieve muscle tension, encourage mindful breathing, and provide a moment to reset during a busy workday. Promoting these small wellness breaks demonstrates that employee well-being is a priority.

Ease Everyday Muscle Tension Muscle tightness can build over time. Gentle stretching helps increase circulation and reduce stiffness, helping employees feel more comfortable throughout the day.

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Promote Long-Term Health Maintaining flexibility, mobility, and balance becomes increasingly important with age. By encouraging regular stretching, leaders can help employees build healthy habits that support longterm physical health and reduce the impact of sedentary work or repetitive movements.

Five Ways Leaders Can Encourage Stretching Creating a culture that supports movement doesn’t require a major investment. Consider these five simple strategies: • Begin meetings with a one-minute stretch break • Encourage employees to stand and stretch after every hour of sitting • Share stretching resources in team newsletters or wellness communications • Model the behavior by taking stretch breaks yourself • Incorporate movement and stretching into workplace wellness challenges Supporting employee wellness doesn’t always require large programs or significant resources. Sometimes the most effective changes are the simplest ones.

Encouraging regular stretching can help employees feel better, move more comfortably, and return to their work feeling refreshed and focused.

Krista Bouchard is a Wellness Coordinator at HealthTrust.

www.nhmunicipal.org

Creating a Workplace that Supports Caregivers Katrina Manning In every municipal workplace, there are employees quietly playing the role of caregiver. By day they show up at work to serve their community. Outside of work they are helping an aging parent, supporting a spouse through an illness, or for a family member with a disability. Caregiving is often an unseen role, but it impacts employees at every level of an organization.

When leadership recognizes caregiver responsibilities and creates a culture of support, they help employees succeed at work and at home.

Work life balance is hard in the best of situations. Being a caregiver requires wearing many hats and juggling responsibilities that sometimes interfere with work. For working caregivers in New Hampshire, 56% of caregivers report having to go into work late, leave early, or have taken time off and 16% have taken a leave of absence.

Because caregivers do a lot for others, their own self-care may be forgotten. They tend to have a higher risk of physical and mental health issues, sleep problems, and chronic conditions such as high blood pressure. Caregiver burnout is a state of physical, emotional, and mental exhaustion that can happen when time and energy is dedicated to managing the health and safety of someone else. According to the New Hampshire Alliance for Healthy Aging, 4 in 10 caregivers consider their situation to be emotionally stressful.

To better support employees with caregiving responsibilities, leadership may wish to consider the following: Build a Supportive Workplace Culture Create a workplace culture that is compassionate, empathetic, and does not make employees feel they must hide their commitments. Employers can put their workers’ minds at ease by showing employees it’s okay to put the needs of their loved ones first when necessary. This assurance can come from providing them access to paid leave benefits and leading by example.

Offer Flexible Work Arrangements There is no one-size-fits-all scheduling solution for caregivers. Evaluate opportunities for flexibility on a case-bycase basis. Supervisors can often identify reasonable scheduling solutions that support both organizational needs and employees with caregiving responsibilities. For some, this may mean starting the day earlier and ending earlier. For others, it may mean blocking off certain hours of the day to attend appointments and letting their co-workers and managers know they will be unavailable during those times. Some job positions may be able to work remote or follow a hybrid schedule. Creating flexibility helps to take the strain off of employees and allows them space to find a worklife balance.

Promote Self-Care and Well-Being Remind employees to care for themselves! Many workplaces offer mental health programs and have access to support group resources. Caregivers who pay attention to their own physical and emotional health are better able to handle the challenges of supporting someone else.

Self-care is personal. It includes, but is not limited to, prioritizing your physical and mental health by going to doctor’s appointments, focusing on sleep, nutrition, exercise, finding social support, having fun, and doing things that give your life purpose and meaning. Support your employees by giving them resources, time, and support to care for their needs.

When municipalities support employees who are caregivers, they invest not only in the well-being of their workforce, but also in the strength and resilience of the communities those employees serve.

Katrina Manning is a Wellness Advisor at HealthTrust and a certified personal trainer.

www.nhmunicipal.org

SEPTEMBER/OCTOBER 2026

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How Leaders Can Support Mental Health in the Workplace Courtesy of AllOne Health According to a recent NAMI Workplace Mental Health Poll, people who are less comfortable talking about their mental health at work are more likely to report burnout.

More than half of the members polled reported feeling burned out in the past year, with 37% of members reporting difficulty in their jobs due to feeling emotionally overwhelmed.

available to them, they are more likely to self-refer for treatment and support. This often leads to individuals addressing their mental health symptoms before performance or attendance problems begin.

Promote your Employee Assistance Program (EAP).

According to NAMI, 51% of employees say they would utilize a service to support their mental health if the services offered were free, confidential, and independent from their employer. When employees understand how their EAP works, they are more likely to use this benefit.

Recognize the signs of mental health issues. Be alert to changes in an employee’s performance, attendance, and mood. Addressing the early signs of mental health struggles can help prevent more severe issues.

Leaders are positioned to create positive work environments, but conversations around mental health at work can be challenging to navigate. Approaching an employee about issues of mood and mental health can be tricky, even anxiety producing, for managers and leaders.

Despite being a challenging topic, openness about mental health in the workplace can improve the well-being of members as well as increase productivity. Here are few ideas for leaders to set the stage for a workplace that normalizes conversations about mental health: Communicate about mental health and well-being.

Tools such as stress reduction training, articles, and videos on the topic of mental health can open the door to future communication on the topic. Your employees may feel more comfortable asking for help for themselves or a fellow co-worker.

Inform your employees about their mental health benefits. When employees know what resources are

Talk to employees one-on-one about your concerns.

Changes in performance, attendance, attitude, and appearance are opportunities to express genuine concern for the employee and remind them about their resources, such as EAP. If you are unsure how to have this conversation, don’t hesitate to reach out to your EAP for suggestions and support.

Foster a supportive environment. Encourage a culture of openness where mental health is discussed without stigma. Regularly promote wellness activities and mental health initiatives within your workplace.

Provide ongoing support. Have regular check-in meetings with employees, especially those who have shown signs of distress or burnout. Offer continued support to ensure their well-being. Keep reminding employees about the resources available to them.

By addressing mental health in the workplace, you not only support your employees’ well-being but also create a more productive, supportive, and positive work environment.

This article is provided by LifeResources Employee Assistance Program, powered by AllOne Health.

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www.nhmunicipal.org

Prevention Starts with Leadership: Building a Healthier Municipal Workforce Kerry Horne New Hampshire municipalities depend on dedicated employees who help keep communities running every day. Public works crews maintain roads, police and fire personnel respond to emergencies, town clerks and administrative staff serve residents, and parks and recreation professionals create programs that strengthen community life. These employees are among a municipality’s most valuable assets, and municipal leaders have an important role in supporting their long-term health and well-being.

One of the most effective ways to do that is by empowering employees to be proactive with preventive care.

Preventive care focuses on identifying potential health concerns before they become a serious medical issue. Annual wellness visits, recommended immunizations, and routine screenings can detect conditions such as high blood pressure, high cholesterol, diabetes, and certain cancers in their earliest stages. Early detection often leads to better treatment options, improved health outcomes, and lower healthcare costs for both employees and employers.

For municipal leaders, encouraging preventive care is not simply a wellness initiative — it is a workforce strategy. Healthy employees are better equipped to perform demanding jobs, maintain productivity, and provide consistent service to residents.

A proactive approach to health can help reduce preventable illnesses, minimize extended absences, and support a more resilient workforce.

The Value of Early Detection Many chronic conditions develop silently. High blood pressure often presents no symptoms while increasing the risk of heart disease and stroke. Prediabetes may progress for years without warning signs, yet early lifestyle changes can prevent it from developing into Type 2 diabetes. Screenings for colorectal, breast, cervical, skin, and prostate cancers can identify concerns early, which is when treatment is often most successful.

By encouraging employees to complete recommended screenings, municipal leaders help create opportunities for early intervention. A routine blood pressure check or annual physical may seem small, but it can prevent much larger health challenges down the road.

Creating a Culture of Prevention Employees are more likely to prioritize preventive care when they know their leadership values it. Municipal leaders can set the tone by making wellness and prevention visible priorities throughout the year. Simple actions can have a meaningful impact: • Encourage employees to schedule annual wellness exams • Share information about available preventive benefits and screenings • Promote workplace wellness programs and health education opportunities • Allow reasonable flexibility for preventive medical appointments • Recognize and support healthy lifestyle efforts within departments

www.nhmunicipal.org

When leaders consistently communicate that employee health matters, preventive care becomes part of the organizational culture rather than an afterthought.

Supporting Mental Well-Being Preventive care extends beyond physical health. Annual wellness visits also provide an opportunity for employees to discuss stress, sleep, anxiety, depression, and other factors that affect overall well-being.

Municipal service can be rewarding, but it can also be demanding. Public-facing roles, emergency response responsibilities, seasonal workloads, and community expectations can all contribute to stress. Leaders who openly support mental well-being and encourage employees to seek help can reduce stigma and create a healthier workplace.

A Stronger Workforce, A Stronger Community Investing in preventive care ultimately benefits the entire municipality. Healthy employees are more likely to remain engaged, productive, and able to continue serving their communities effectively. Reduced absenteeism, improved morale, and greater workforce stability all contribute to stronger municipal operations.

Most importantly, encouraging preventive care demonstrates that municipal leaders value the people who make local government work. Employees who feel supported in their health and well-being are better positioned to succeed professionally and personally.

Leading by Example Municipal leaders can send a powerful message by prioritizing preventive care for themselves as well. When leaders schedule annual checkups, complete recommended screenings, and openly discuss the importance of wellness, they help normalize proactive healthcare throughout the organization.

Prevention is not about reacting to illness; it is about taking steps today that protect health tomorrow. By empowering employees to be proactive with preventive care, municipalities can build healthier workplaces, stronger workforces, and more resilient communities for years to come.

Kerry Horne is the Well-Being Manager at HealthTrust.

SEPTEMBER/OCTOBER 2026

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AI in Local Government: Lessons from 2025 and Emerging Cyber Threats in 2026 Connor Heaton, Program Manager at CivAI, a nonprofit dedicated to helping the public internalize the impacts of AI on society through interactive software demonstrations of AI capabilities and dangers.

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n early 2025, critical operations at Cleveland Municipal Court were disrupted by the Qilin ransomware group. The court was fully shut down for a week, and it took more than three weeks to resume normal operations. Employees had to work without internet access, background checks were halted, dozens of trials had to be rescheduled and the court’s website was down for almost a month following the attack. The cyberattack was one of many that targeted local government offices in 2025.

With the expanding capabilities and adoption of AI, cyberattacks on cities are poised to ramp up in 2026. Reports suggest that Qilin and similar groups have been aggressively incorporating AI into their operations.

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Interactions with AI tools may be subject to public records requests. Set policies accordingly.

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Validate AI outputs before acting on them. The current generation of AI tools began as pattern-matching machines trained to produce plausible-sounding outputs, and even now can’t guarantee accuracy.

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Be careful using AI for HR tasks. AI tools are often unable to provide auditable justifications for their recommendations, which can make it difficult to rule out that discrimination has occurred. New York and California have specific rules on the use of AI in hiring.

Adoption May Outpace Governance AI is empowering everyone, good and bad actors alike, and many local governments are already on the path to adoption. AI can help automate many of the tedious, repetitive tasks that bog down government employees. Several cities have launched initiatives to improve 3-1-1 services, with resident-facing chatbots or internal AI tools that efficiently process textual data. Los Angeles, Austin and Honolulu are using AI to expedite planning and permitting processes.

Emerging Threats to Prepare for in 2026 Prompt Injection Hidden instructions in emails, PDFs, images and webpages can hijack AI assistants into extracting sensitive data or taking unauthorized actions.

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Who’s at Risk: Local governments using AI tools that interact with external data (emails, documents, forms, websites), especially if those tools have the ability to take actions or modify data.

However, when official guidance and tooling lag, employees fill the gap themselves — Menlo Security’s 2025 Report indicates that 68 percent of employees use free-tier AI tools like ChatGPT via personal accounts, with 57 percent inputting sensitive data.

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Mitigations: Sanitize inputs by screening incoming data for malicious prompts. Limit what data AI systems can access and what actions they can take.

IBM’s 2025 Cost of a Data Breach Report found that incidents involving unsanctioned AI use cost organizations an average of $670,000 more than the average breach cost and resulted in higher rates of compromise of personally identifiable information.

Furthermore, a staggering 97 percent of AI-related security incidents involved AI systems that lacked proper limitations on what data and systems could be accessed.

Privacy and Protection Considerations for Local Governments Adopting AI • Personal accounts with AI tools like ChatGPT should be considered unsafe for sensitive data, due to the risks of data breaches and court-mandated data retention or disclosure.

Corporate accounts with stronger and more stable privacy agreements are best practice.

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Criminal Justice Information (CJI) is subject to special data handling and security requirements. This may impact both potential usage and vendor options.

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AI-Led Cyberattacks AI tools are enabling criminals to conduct cyberattacks with minimal human intervention. Anthropic disrupted a campaign in which hackers used Claude for 80-90 percent of their operations.

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Who’s at Risk: Small and midsized city offices with limited IT resources. Cyberattacks are becoming cheaper, expanding the footprint of organizations that can be profitably targeted.

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Mitigations: Uplift organizational security standards, including strong passwords, MFA, phishing awareness, least privilege principles, robust backups and patch automation. Consider conducting AI-powered penetration testing regularly.

What Local Governments Can Do Cities, states and public sector organizations can take concrete actions to improve their risk profile: 1. Start with governance. Government offices should have robust AI policies that articulate how AI adoption is being managed and monitored, and address the risks described above. www.nhmunicipal.org

2. Train staff thoroughly. Employees often assume organizationapproved tools are inherently safe and reliable, and may need to be educated on risks and responsibilities specific to AI tools.

3. Don’t shy away from adoption. It’s difficult to cultivate a nuanced understanding of the capabilities and failure modes of AI tools without using them.

4. Inventory AI applications. Generative AI is being embedded into many existing tools, and this can make the line between approved and unapproved use unclear. Know where and how AI is being used.

5. Keep track. Set key performance indicators and key risk indicators; monitor AI usage closely, both to ensure compliance with policy and support employees in adopting AI more effectively.

6. Reach out for help. NLC and the Public Technology Institute offer resources specifically designed for public sector entities navigating these challenges. CivAI provides free public and private demonstrations of real AI risks to help prepare society for the change AI brings.

The threat landscape is evolving faster than most governance structures can adapt. Local governments that treat AI security as a core requirement will be best protected and positioned to benefit from AI. Visit the NLC Strategic Partnerships page to learn more about the organizations like CivAI dedicated to making NLC the premier resource for local governments.

Stay informed with the Legislative Bulletin

How to Subscribe: 1. Log into your member portal.

2. Click "Edit This Profile."

3. Select "Newsletter Management."

4. Under "Email Subscriptions," check "Legislative Bulletin."

5. "Save this profile."

www.nhmunicipal.org

SEPTEMBER/OCTOBER 2026

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Clerks' Corner Sherry Farrell, Londonderry Town Clerk, Executive Board Member

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our New Hampshire city and town clerks are committed to continuous learning and professional development so they can better serve the residents of their communities. Like professionals in any field, clerks must stay current with certifications, continuing education, and the ever-changing laws and statutes that govern every aspect of their elected and appointed responsibilities.

The work of a city or town clerk extends far beyond what many people see. These positions require extensive institutional knowledge, technical expertise, and a thorough understanding of complex legal requirements. Clerks are responsible for preserving public records, administering elections, issuing licenses and vital records, supporting local government operations, and ensuring compliance with state laws while providing exceptional public service.

Knowledge is power, and the education and experience required to successfully serve as a city or town clerk are often overlooked. Through ongoing training, networking, and professional certification, New Hampshire's clerks continue to strengthen their skills, share best practices, and uphold the integrity and efficiency of local government for the benefit of every resident they serve and the success of their town and city office teams.

Throughout the year your Clerks are attending Town Clerk and Tax Collector Certification Programs, attending advanced training at their State Regional and Yearly Training Conference, attend programs offered through our New Hampshire City and Town Clerks Association, NHCTCA, New England Municipal Clerks Institute, NEMCI and other trainings offer by our state partners through our Department of Transportation and Secretary of State's Office.

Many do not realize that we also work with our state legislators to ensure that legislation brought forward is what will best serve the residents who have put their trust in our leadership.

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SEPTEMBER/OCTOBER 2026

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Cyber Safety Update

In the Age of AI, Cybersecurity Basics Matter Even More

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before they happen. These aren't glamorous investments, but they're the ones that matter most.

This matters now more than ever. AI is making cyberattacks faster, cheaper, and more convincing. Yet attackers continue to succeed for the same reason they always have: organizations neglect the fundamentals. That's good news for municipal leaders who are already being asked to do more with less. Cybersecurity doesn't have to become another overwhelming initiative competing with every other priority. Like improving your health, resilience is built one good decision at a time.

The goal isn't perfection. It's progress. In health, the basics don't become less important as medicine advances—they become even more important. The same is true in cybersecurity. Work towards multi-factor authentication and complex passwords (or explore password managers to reduce cognitive burden on your staff). Teach staff to be vigilant with the websites they visit and the links they click on or places they enter their password. Invest in the foundational network equipment you need to make it harder for bad actors to get access to your community's systems. Bring all your key stakeholders together to talk about what to do if you lose internet or access to core operational systems. Know who to call for help in the event of a cyber emergency. Stick to these fundamentals, and your community will be better prepared for whatever comes next.

This is a topic The Overwatch Foundation is so passionate about that we are leading a session at the upcoming NHMA annual conference. We’d love to see you there! We'll discuss practical, achievable ways to strengthen your organization's cyber resilience, integrate cybersecurity into existing operations and budgets, and help your community become more resilient—without overwhelming your staff or resources.

The strongest defense isn't always the newest tool. It's the discipline to consistently do the simple things well.

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01 0 01 01 11 1 01 00 1 10 1 01 1 10 1 11 0 10 1 00

Court

Update

By C. Christine Johnston, Municipal Services Counsel and Jonathan Cowal, Municipal Services Counsel

Now available online:

May 2026

JULY 2026

Qualified Voter Affidavit and Challenged Voter Affidavit for Voter Registration and Voting Access Are Restored; State Is Permanently Barred from Implementing and Enforcing Legislation that Eliminated Them, New Hampshire Youth Movement v. David M. Scanlan (NH Sec. of State); Coalition for Open Democracy et al. v. David M. Scanlan (NH Sec. of State), United States District Court, District of New Hampshire, Case No. 24-cv-291-SE 5/28/26

If Notice of Impending Tax Deed Fails, Municipalities Must Take Additional Reasonable Steps to Notify Owner Before Deeding Property, Wisarat Manutsom, Trustee of the Farley Road Realty Trust v. Town of Hollis, 2026 N.H. 27 (New Hampshire Supreme Court) 07/15/2026 Applicant Presents No Evidence to ZBA Addressing Special Exception Criteria and Opposing Abutter Does; ZBA’s Grant of Special Exception Is Reversed, Appeal of Christine Murray (Housing Appeals Board), 2026 N.H. 26 (New Hampshire Supreme Court) 07/15/2026

For the most up-to-date court summaries, please visit the NHMA website at www.nhmunicipal.org/court-updates. Thank you.

www.nhmunicipal.org

SEPTEMBER/OCTOBER 2026

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What Is the Truth About “Legally Pre-existing Nonconforming Land Uses”?

C. Christine Johnston, NHMA Legal Services Counsel

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hat do you call a land use (activity or structure) that was legal when it began but that would not be allowed to begin today because local land use ordinances or regulations have changed? In the past, we might have referred to this as a “grandfathered use.” A better and more accurate way to refer to it is as a “legally pre-existing nonconforming use.”

Planning boards, zoning boards of adjustment, building inspectors, selectmen, code enforcement officers—all may be called upon from time to time to determine whether certain land uses are allowed, whether they may continue, and in what form.

Often, these officials are met with the assertion that a building or activity existed before the rules changed and therefore must be allowed to continue.

Is this true? If it is, what does that mean? Can local officials regulate a legally pre-existing use at all? Or, is it time to throw up our hands and walk away? This article attempts to explain what a legally pre-existing nonconforming use really is, and to dispel a few of the most common myths about how it works.

Admittedly, many aspects of this subject are complex and have no simple solutions. There are far more questions than there are answers. However, a firm understanding of the basic meaning of the term is a great place to begin.

Myth #1: There is a law somewhere saying “thou shall not touch a legally pre-existing nonconforming land use."

Sort of, but it isn’t that simple. Legally pre-existing nonconforming uses of land are protected from many laterenacted prohibitions, but it doesn’t work in every situation.

This kind of protection balances the private property rights of land owners against the public need to regulate land use.

Both the New Hampshire Constitution and state land use laws protect property owners by prohibiting the government from unreasonably depriving them of a vested right to use their property. See N.H. Const. pt. I, arts. 2, 12; Hampton v. Brust, 122 N.H. 463 (1982); RSA 674:19. When the government does unreasonably deprive an owner of a vested right, we say that a “taking" has occurred, and the Constitution requires the government to compensate the property owner reasonably for that loss. Quite understandably, governments would like to avoid this scenario if possible. Thus, the law provides that a “zoning ordinance adopted under RSA 674:16 shall not apply to existing structures or to the existing use of any building."

RSA 674:19.

In other words, zoning ordinances and land use regulations are not supposed to be retroactive; they usually apply only to new or altered uses of land going forward. However, this protection is not absolute. “A use of land which, at the time 26

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a restriction on that use went into effect, was established (or ‘vested’), and has not been discontinued or abandoned, can continue indefinitely, unless it includes activity which is a nuisance or harmful to the public health and welfare; but the use cannot be changed or substantially expanded without being brought into compliance." Cohen v. Henniker, 134 N.H. 425, 427 (1991). This is, in a nutshell, the law of legally pre-existing nonconforming uses.

The questions to ask are: (1) did the use lawfully exist at the time the restriction was adopted, and (2) has it continually existed since that time? See, for example, Dartmouth Corp. of Alpha Delta v. Town of Hanover, 169 N.H. 743 (2017); Seabrook v. Vachon Mgmt, Inc., 144 N.H. 660 (2000); Derry v. Simonsen, 117 N.H. 1010 (1977). The nonconformity might be the type of activity (e.g., residential use, retail store, wedding venue, shortterm rental) or a type of dimensional factor (e.g., setbacks, size restrictions, frontage). It is not enough for a landowner to have constructed a building or conducted an activity before local zoning would have restricted it; those activities also had to be lawful at the time they occurred or began. See Monadnock Rod & Gun Club v. Town of Peterborough, 177 N.H. 70 (2024).

For example, assume Joe Smith built his home 20 feet from the street in 2015. The zoning ordinance required a minimum 20-foot setback at that time, so he was in compliance. If the ordinance had been amended in 2025 to require a 25-foot setback from the front property line, Mr. Smith’s home generally would have been protected from that tighter restriction because (a) the house met the setback requirement when it was built, and (b) it had continued to exist in place since that time. If either of those two pieces had been missing, however, the house might have been in violation of local zoning and not protected. If, say, Mr. Smith had built his house only 15 feet from the street in 2015, it would have violated the ordinance from the start.

Since the house would not have been “lawfully existing" when the ordinance was amended to increase the setback to 25 feet, the house probably would have no protection from the new requirement. See Quirk v. Town of New Boston, 140 N.H. 124 (1995).

Myth #2: The owner of a legally pre-existing nonconforming structure or activity can continue that use in any way they want to.

Not necessarily. The right to continue a nonconforming activity or maintain a nonconforming structure may continue for quite a long time in some cases, but there are at least two significant limitations.

First, if the use is abandoned, it may be lost. “Abandonment" www.nhmunicipal.org

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NONCONFORMING LAND USES from page 26 happens when the owner (a) intends to abandon or relinquish the use, and (b) takes some overt act, or fails to act, in some way that implies that the owner neither claims nor retains any interest in that use. See Lawlor v. Salem, 116 N.H. 61 (1976).

For example, a grandfathered pig farm was abandoned (and the right to use it as a pig farm was lost) when the farmer sold all his pigs (an overt act). Salem v. Wickson, 146 N.H. 328 (2001).

The use might also be abandoned if the structure is destroyed and the owner waits decades to replace it (fails to act). These are easy examples; most real-world situations are more complex and depend upon all the facts involved. The question can become quite difficult when the use is terminated involuntarily (such as when a building burns down) or only temporarily (a business is closed but the owner intends to reopen after remodeling or obtaining additional financing). The local zoning ordinance might also define what “discontinuance” or “abandonment” of a nonconforming use means, which can help to answer the question. See, for example, Pike Industries v. Woodward, 160 N.H. 259 (2010).

Use Assoc. v. New London Zoning Board, 130 N.H. 510, 516 (1988). The expansion must also not be so great that it really amounts to an entirely new use. Courts will look at whether: (a) the expansion reflects the nature and purpose of the original nonconforming use; (b) the expansion is merely a different manner of exercising the same use and is not different in character, nature and kind; and (c) the expansion will have a substantially different effect on the neighborhood. See Dovaro 12 Atl., LLC v. Town of Hampton, 158 N.H. 222 (2009); Severance v. Epsom, 155 N.H. 359 (2007).

In addition, some local ordinances include a specific time period within which a use must be re-established to avoid abandonment (a “use-it-or-lose-it" provision). The New Hampshire Supreme Court has upheld a zoning ordinance under which a nonconforming structure is considered abandoned if it has not been replaced within one year after being destroyed.

McKenzie v. Eaton, 154 N.H. 773 (2007). However, in a separate opinion, one justice indicated that this sort of provision might constitute a “taking" for which an owner must be compensated, and that if the question is presented to the Court that way in the future, the result might be quite different.

Myth #3: The owner of a substandard lot (smaller than current zoning allows) has a protected right to use it for any purpose or structure allowed in that district.

This is not true. Remember from Myth #1, the law protects lawfully pre-existing nonconforming uses. A vacant lot may have existed before zoning made it substandard, but it isn’t being “used" yet. This means the lot can continue to exist, but the owner is not protected from the operation of other land use provisions. There are three ways an owner might build on a substandard lot. The first and most straightforward is if there is a “lot of record" savings clause in the zoning ordinance. These clauses exempt pre-existing lots from later-enacted frontage and/ or lot size requirements, or in some cases, allow buildings on those lots by special exception. If there is a savings clause, then the owner can exercise whatever rights that clause provides for substandard lots. (Here again, the terms of the ordinance are really important.)

Second, the idea behind the concept of legally pre-existing nonconforming uses is to permit property owners to keep what they have where they have it, but tightly control expansion or extension of that use. RSA 674:19 states that a zoning ordinance “shall apply to any alteration of a building for use for a purpose or in a manner which is substantially different from the use to which it was put before alteration." For example, the footprint of a building that already violates setback requirements generally may not be expanded unless the owner obtains a variance, even if it was legal when built. See, for example, Shopland v. Enfield, 151 N.H. 219 (2004). Likewise, construction of additional floors on a nonconforming building may also be a prohibited extension even if there is no expansion of the building’s footprint. Granite State Minerals, Inc. v. Portsmouth, 134 N.H. 408 (1991).

Closer questions may arise when an owner wishes to change or expand the scope of an activity or structure. Even if the new use would be less nonconforming than the original use, if the zoning ordinance does not permit that activity in that district, the change may not be allowed if the new use is “substantially different" from the original use. However, natural expansion of a nonconforming use may be allowed, but “enlargement or expansion may not be substantial and may not render premises or property proportionally less adequate.” New London Land 28

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The terms of the zoning ordinance are also very important.

For example, in the Severance case, the Town’s zoning ordinance did not distinguish between seasonal and year-round residential use. As a result, a legally pre-existing nonconforming seasonal home could be converted into a year-round home. Zoning ordinances might also define what constitutes a “substantial change in use" of a grandfathered structure or use. The lesson?

Zoning ordinances should be carefully drafted to reflect what the municipality really intends to do.

If there is no savings clause in the ordinance, then the owner must obtain a variance from the zoning board of adjustment (ZBA) as well as whatever other approvals that municipality normally requires to build any structure on a substandard lot. The purpose of a variance is to protect the Constitutional rights of the owner by preventing them from being deprived of the viable economic use of the property. However, even the Constitution does not provide that every lot, regardless of size, must support at least one single-family home. The ZBA must apply the five variance criteria to determine whether the variance is appropriate for that particular lot under all of the facts and circumstances. For example, an owner of a substandard shorefront lot was denied a variance for a seasonal home because there was no adequate place for a septic system. Carter v. Derry, 113 N.H. 1 (1973).

Third, the owner may still be able to build if the lot is part of a vested subdivision, which brings us to… www.nhmunicipal.org

Myth #4: An owner with planning board approval is protected from later changes in zoning ordinances or regulations.

This is only true if the owner meets some conditions. A lot that is (a) part of an approved and recorded subdivision may be protected from later changes in local zoning if (b) “active and substantial construction" has begun on the project within 3 years after the approval, and if (c) the project is also “substantially completed" within 7 years after approval. RSA 674:39; Chasse v.

Candia, 132 N.H. 574 (1989). These rights can also be passed on to subsequent owners of the lots. Morgenstern v. Rye, 147 N.H. 558 (2002). Of course, as with everything else involving nonconforming uses, it is slightly more complicated than that.

A vested subdivision or site plan only provides protection for the actual lot divisions and other specific improvements that are part of the approved plan (not every possible use that was allowed at the time of the original approval). In addition, if the subdivision plan was never recorded, as happens from time to time, then RSA 674:39 does not protect the owner. Such an owner might find themselves in limbo between RSA 676:12 (protecting some applicants from proposed zoning changes) and RSA 674:39 (protecting those who have received approval and have recorded the plan). Furthermore, even lawfully pre-existing nonconforming properties are not protected from later-enacted or increased impact fees. RSA 674:39.

Myth #5: Lawfully pre-existing nonconforming properties are immune from all other local regulation.

This is a very common misconception. Although a lawfully pre-existing nonconforming land use may generally continue, there are several ways in which it may be impacted by laterenacted restrictions.

Local Approvals: We explained in Myth #2 that a nonconforming use might be allowed to expand in a few very narrow circumstances. However, even if expansion is allowable, the owner is still required to obtain all other local approvals that are required for that particular expansion project, such as site plan approval, a building permit, septic or driveway approval.

See Bio Energy, LLC v. Hopkinton, 153 N.H. 145 (2005).

State Fire Code: Unlike zoning ordinances and regulations, the State Fire Code can apply to existing buildings, plants or equipment, which were not previously but then become used for flammable liquids, and to existing buildings, plants, structures or equipment now used for flammable liquids when the state fire marshal determines the conditions constitute a fire hazard.

RSA 153:5. It also applies to new construction, additions and alterations that might be permitted under zoning as an expansion of a legally pre-existing nonconforming use/structure, but which the State Fire Code may not permit. Even a lawfully pre-existing nonconforming building which is otherwise protected from local zoning changes but which presents a condition that is hazardous to life or property may have to be modified within a “reasonable time" as determined by the State Fire Marshal to bring it into compliance with the fire code. See RSA 153:14. www.nhmunicipal.org

Driveway Regulation: No property owner has the legal right to maintain a driveway access that constitutes a potential threat to the integrity of a public road or to the safety of the public on that public road. RSA 236:13, VI gives planning boards “continuing jurisdiction over the adequacy and safety of every existing driveway, entrance, exit, and approach to a [municipal] highway" regardless of whether the driveway ever received planning board approval. Property owners have continuing responsibility for driveway connections to municipal highways, including grades, culverts and any other related structures that impact the public road, whether they are located within the highway right of way or outside of it. It may come as a surprise to property owners that the planning board has the authority to order the owner to make any repairs or otherwise modify a driveway (even one that has existed since before RSA 236:13 was enacted) if it “is or becomes a potential threat to the integrity of the highway or its surface, ditches, embankments, bridges or other structures, or a hazard to the safety of the traveling public."

Myth #6: Municipalities cannot regulate legally preexisting junkyards.

Yes, they can, and more importantly, they should. While there are many ways to define “junkyard," in this case we refer to a junkyard under RSA 236:112. Since 1965, this law has required municipalities to license junkyards, including motor vehicle junkyards and salvage yards, machinery junkyards and other similar collections of material (even if they are not businesses).

There are two parts to a local junkyard license: initial approval of the location, and ongoing approval of the operation. If a yard existed before 1965, it is generally protected under the junkyard statute as to its location. RSA 236:125. However, regardless of when a yard was established, it must continue to comply with all other operational requirements under this statute, including, among other things, the Best Management Practices (BMPs) for the automobile salvage industry established by the NH Department of Environmental Services. RSA 236:115, :121.

Owners must obtain a license from the municipal governing body and must renew it annually, certifying that they are in compliance with the latest BMPs and all operational conditions.

In other words, a junkyard owner may have a vested right to continue the operation where it is, but not a vested right to any particular manner of operation.

In addition, junkyards are also subject to local zoning regulation. Municipalities may prohibit junkyards through local zoning, but lawfully pre-existing junkyards are protected from later-enacted restrictions in the same way as other pre-existing land uses, and expansion and modification of those junkyards are similarly limited. Difficult questions may arise when a junkyard owner is required to change its operations to comply with the ongoing local licensing conditions and the BMPs (for instance, building a structure to store certain hazardous fluids safely), but finds that local zoning prohibits such a structure in that location. As with all nonconforming use issues, often there are more questions than answers in these situations.

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Tax Deeding April 1st Tax Caps April 15th Meeting Minutes and Non-Public Sessions June 17th Abatements July 7th Class VI Roads August 12th First Amendment Audits September 22nd Default Budgets September 29th

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New Hampshire Town and City is the official magazine of the New Hampshire Municipal Association, a nonprofit organization serving cities, towns, village districts, and counties.

With a circulation of 2,500, this magazine is the only publication that comprehensively reaches the entire New Hampshire municipal market. Over 1,500 physical copies are distributed across the state, with an additional 1,000 digital versions sent directly to recipients. On average, the publication garners 65,000 impressions annually.

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Closing date for advertising file and payment is 5 weeks prior to the publication month (e.g., the May/June issue deadline for ad file and payment is the last Friday of March).

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"Local Solutions to New Hampshire’s Housing Challenge” How HOP Grants and Regional Planning Commissions Are Helping New Hampshire Municipalities Plan for Housing Needs.

Cassie Cashin, Regional Planner, Nashua Regional Planning Commission Mark Davie, AICP, Senior Planner, Strafford Regional Planning Commission Blair Haney, Principal Regional Planner, Strafford Regional Planning Commission Cam Prolman, Senior Planner, Southern New Hampshire Planning Commission Nick Principato, Regional Planner, Nashua Regional Planning Commission We’ve heard them all.

“Why are they only building ‘luxury’ apartments?”

“Young people don’t want to live in a rural state anyway.”

“We did our fair share. This is Manchester and Portsmouth’s problem.”

“The only place for my mom to walk is on her busy road. There’s no first-floor apartments she can afford.”

T

he federal and state governments have answered the call in their own ways, with the ROAD to Housing Act becoming law last month, and two sessions of the General Court discussing record numbers of bills related to zoning, parking, occupancy, and building codes. But local governments, who are privy to the day-today of welfare departments, developers, planning boards, property taxes, and other areas where symptoms of the housing crisis manifest still feel backed into a corner.

The regional housing needs assessments released in early 2023 produced the headline “90,000 homes needed” figure that has been seen statewide, and the state moved ahead with the InvestNH Housing Opportunity Planning grant (HOP) program. 73 communities jumped on this lever to complete partial and full updates of master plans, conduct zoning audits, and refine needs assessment figures. Many of these communities turned to their regional planning commission for help in a landmark collaboration of regional and local planning.

Wilton, a town of 3,800 under the Nashua Regional Planning Commission (NRPC), and Somersworth, a city of 11,800 under the Strafford Regional Planning Commission (SRPC), both utilized HOP grants to complete master plan chapters and successive zoning changes with help from their respective RPCs. Wilton sought to maintain its rural character and affirm a commitment to preserving land and natural resources.

Somersworth leadership recognized the small city’s looming “full buildout” under GIS projections of its current zoning ordinance and understood that the ordinance created difficulties for builders looking to expand “missing middle” housing opportunities.

NEW HAMPSHIRE TOWN AND CITY

Community leaders in Wilton have worked diligently to balance this desire for rural character with the state’s need for more housing. Somersworth, meanwhile, has often been seen as a “bedroom community” of the employment hubs of the Portsmouth Naval Shipyard and other high-cost-of-living areas of the Seacoast region, while containing an underutilized mill town center.

Wilton received two grants of funding through the HOP program, and Somersworth three. Both communities were able to utilize the outreach of these projects to greatly increase knowledge about planning and zoning processes, improve community engagement, and most importantly, amend and draft new regulations that expand housing opportunities while honoring development capabilities and conservation goals.

During its first round of funding, Wilton, with technical assistance from NRPC, established its own Advisory Board, consisting of Conservation, Planning, Select, and Zoning Board members, to help guide its HOP initiatives.

The group fielded a survey that received around twohundred responses, hosted an in-person community forum, and conducted two separate focus groups to gain insight into community members' perspectives on housing in Wilton. While the responses varied, the consensus was that residents support the idea of increasing the opportunity and availability of affordable housing but do not want to sacrifice the Town’s rural, New England character in the process. Ultimately, through a series of drafts, revisions, and public hearings, the NRPC helped the Town produce an updated Housing and Population chapter of its Master Plan, which helped to address these concerns. Notably, during the following zoning amendment season, the community passed regulations www.nhmunicipal.org

that decrease the minimum lot size requirements in the Residential District, reduce the age requirements in its age-restricted housing overlay, and overhaul its Accessory Dwelling Unit Ordinance. All of these items moved the Town closer to creating more housing opportunities, but there was still a lot of work left to do.

Somersworth’s Housing Master Plan chapter drafted by SRPC reiterated the urgency of the projected housing demand (colloquially known as “fair share”) in Somersworth from the Regional Housing Needs Assessment completed by SRPC the year prior. This Master Plan process was where a buildout analysis projected limited availability of developable land to accommodate these units. Like Wilton, the process included outreach facilitated by SRPC, with a survey and several discussions with Seacoast-area developers to identify gaps in communication in the building process in the City.

City staff mobilized on a second HOP grant in the end stages of the Master Plan with the goal of completing a zoning audit.

Below: SRPC Executive Director Jen Czysz presents Regional Housing Needs Assessment findings to the Somersworth community at a Master Plan workshop in September 2023.

In their second round of funding, Wilton drafted and adopted a Downtown Industrial Adaptive Reuse Overlay District. Residents within Wilton have continuously expressed a desire to revitalize their downtown area, which has a significant number of existing buildings and infrastructure that could be utilized to provide more housing, or economic opportunities. Their Downtown Industrial Adaptive Reuse Overlay District does exactly that, relaxing development requirements for buildings in the downtown core for both residential and commercial reuse.

Additionally, with the help of the NRPC, Wilton created an online engagement platform for their residents to follow and comment on the HOP process. The Planning Board has also begun amending their Cluster Development Regulations, to address residents’ overall desire to remain in a rural town, while increasing affordable housing.

Through the HOP grant, the Planning Board has been able to fully explore cluster developments. Specifically, how this planning tool could help to implement more housing without drastically expanding the Town’s developed footprint. Currently, the Planning Board is looking to adopt both updated Vision and Land Use Chapters built directly from community feedback and oriented towards the Town’s long-term future.

In Somersworth’s second and third HOP projects, a zoning audit www.nhmunicipal.org

was completed in spring and summer 2024 and corresponding implementation of recommended zoning changes are being presented to the Planning Board in August 2026. SRPC used the newly-formed Mayor’s Housing Task Force as an advisory body for both efforts. An update to four additional Master Plan chapters was also being led by SRPC in 2025 and 2026, and joint outreach was conducted for these and the HOP zoning recodification efforts. Community members were invited to complete a survey and attend a community forum that sought input on housing typologies, neighborhood character, and development the City could incentivize for “blighted” areas. The Master Plan’s Historic & Cultural Resources chapter was one of these chapters, and SRPC facilitated a special focus group for the City’s Historic District Commission to obtain information on zoning that helps and hinders housing production in this area of the City.

At Right: Nonconformity analysis completed for parcels in Somersworth under the City’s 2023 zoning.

Communities in the Southern New Hampshire Planning Commission (SNHPC) region have also used HOP funding at different points in the local planning process. In Deerfield, the program supported an update to the Housing Chapter of the Town’s Master Plan, which was more than 12 years old. The project gave the Town a more current foundation for understanding its housing conditions and planning for future needs. Other SNHPC communities, including Candia, Londonderry, and Bedford, have used HOP funding to connect local data and community engagement with a closer examination of land use regulations.

Candia began its HOP work with a Housing Needs Assessment completed by SNHPC in 2024. A nine-member local steering committee guided the project, held eight public meetings, and helped distribute a town-wide housing survey that received 303 responses, representing approximately 7.6% of Candia’s population. SNHPC and the committee also spoke with approximately 80 residents during outreach events at the Candia Farmers Market. The results reflected a balance familiar to many rural communities. Residents expressed a strong desire to preserve Candia’s rural character while also raising concerns about rising housing costs, limited rental opportunities, and the ability of younger families and older residents to remain in town.

Candia’s ongoing second phase builds on that work through an audit of the Town’s zoning, subdivision, and site plan regulations. The audit is intended to document how the current regulations function, identify areas where they intersect with state housing laws, and establish a foundation for future community discussions.

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SOLUTIONS TO NEW HAMPSHIRE’S HOUSING from page 37 Below: SNHPC Senior Planner speaking with Candia residents about housing options at the Candia Farmer’s Market.

Londonderry’s HOP project is also ongoing. SNHPC is preparing a package of draft land use regulation concepts addressing accessory dwelling units, residential parking, the vesting of approvals, development on Class VI highways and private roads, and residential development in commercial districts. The work also explores locally tailored concepts for split-lot and cottage court development as potential smaller-scale homeownership options. Each concept is being evaluated in relation to the Town’s adopted Master Plan, existing development patterns, infrastructure, and community character.

These materials remain working drafts and have not been advanced as formal Planning Board amendments. They are intended to provide the Town with a well-developed set of options that can undergo additional local, legal, and technical review before any decision is made about whether to pursue them.

Bedford’s experience illustrates how HOP-supported analysis can eventually move into local implementation. A multidisciplinary consultant team that included SNHPC conducted two public meetings, a community-wide resident survey, a meeting with Bedford’s land use boards and committees, and targeted outreach to developers, engineers, property managers, and employers. That work identified concerns about housing cost and availability, along with interest in housing choices that could better serve older residents, smaller households, and Bedford’s workforce. The resulting

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recommendations informed housing-related amendments presented to voters in March 2025. Voters adopted amendments updating Bedford’s workforce and senior housing regulations and creating a new pathway for cottage court housing, consisting of smaller singlefamily homes arranged around shared open space.

While the HOP program was likely never going to reduce rents and purchase prices right away, the effort equipped RPCs to move the needle on public opinion on housing supply. Few bodies in New Hampshire are able to recognize and reconcile the small distinctions of neighboring communities like Regional Planning Commissions.

RPCs know when a town administrator is out on leave, the traffic volumes for a main intersection in a village center, and which grant to apply for to address cyanobacteria at a municipal lakefront. Wilton and Somersworth are just two communities that were empowered to be the voice for more housing, the planning process, and robust community engagement because of direct technical assistance from the HOP program. The work in Deerfield, Candia, Londonderry, and Bedford further demonstrates that this assistance can meet communities at different stages, from updating an aging master plan chapter and documenting local housing needs to evaluating regulatory options and bringing selected amendments to voters. Financial and staff capacity, not the lack of political will or community engagement, is often the binding constraint for communities of Wilton or even Somersworth’s size in the housing discussion. Without specific allocated funding for consultants and facilitation, master plan chapters, zoning ordinances, and overall community input are unable to be revised as frequently as they should be. All in all, the RPCs have sparked a wave of regulatory reform statewide and have inspired community members from all walks of life to sustain public discussion of housing that is accessible and attainable to all.

You can see Somersworth’s housing master plan, zoning audit, and upcoming zoning changes proposed by SRPC below.

• Master Plan • Audit • Zoning Storymap

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Granted as "Upper Coos" in 1763 by colonial Governor Benning Wentworth to Captain David Page of Petersham, Massachusetts, the town was settled in 1764 by his son, David Page Jr., and Emmons Stockwell. It was the first settlement north of Haverhill, New Hampshire, located 50 miles to the south, and originally included land in what is now Vermont. The town was named for a Massachusetts community that was the hometown of an early inhabitant. Reverend Joshua Weeks, a grantee of the town, was among the group of explorers who named the mountains of the Presidential Range. Other grantees included Timothy Nash and Benjamin Sawyer, who discovered Crawford Notch in 1771, making a shorter route to Portland, Maine, possible.

Many water-powered mills have come and gone over the years, including sawmills, several potato starch mills, one of the largest gristmills in the state, and carriage factories. A granite quarry also operated in the Kilkenny Range. With fertile meadows along the Connecticut River, the town was the twelfth most productive agricultural community in the state in 1874. An extension of the Boston, Concord & Montreal Railroad helped ship local products to market and brought tourists to the area's grand hotels.

Just south of the village center is Mount Prospect, the summer home of Senator John W. Weeks, who sponsored the congressional legislation that created the White Mountain National Forest. In 1910, he purchased several farms to assemble the 420-acre estate. Today, it is a state park featuring a fire lookout and his mansion, which is open for tours during the summer. The Mount Prospect Ski Tow operates on the slope in winter, snow conditions permitting. Many of the White Mountains and Green Mountains can be seen from the stone observation tower built atop the 2,059-foot summit in 1912.

The Presidential Range lies to the southeast, while the Franconia Range is visible to the south.

When you have figured out the answer, email it to publications@nhmunicipal.org. The answer will appear in the November/ December 2026 issue.

ANSWER TO PHOTO IN THE JULY/AUGUST ISSUE: The municipality in the last issue of New Hampshire Town and City magazine was the Town of Jefferson!

Special thanks to Jen Kenison and Sue Girouard who responded with the correct answer!

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