Derry, NH Zoning Regulations & Building Permits
Official references and local checks
Use the official references below to identify the rules that apply to your address, then confirm parcel-specific requirements with the local authority before filing an application.
Official references
- Population:
- 33,981
- County:
- Rockingham County
- State building code:
- NH State Building Code (based on 2018 IBC)(statewide default)
- State ADU law:
- Yes — New Hampshire RSA 674:71-73 (enacted by SB 146, signed March 2016) requires municipalities that adopt zoning to allow at least one accessory dwelling unit as a matter of right or by conditional use permit/special exception in all zoning districts that permit single-family dwellings. HB 1291 (2024), which would have expanded this to two ADUs by right, passed the House but was killed in the Senate.
- FEMA flood map:
- Search flood zones
- Planning department:
- Derry Planning Department
Before you apply
- Call the Derry Planning Department: (603) 432-6100
- Check FEMA flood zone for your parcel — flood-zone status changes setbacks, foundation requirements, and insurance.
- Check your HOA CC&Rs and recorded deed restrictions — they are common in Derry and frequently restrict ADUs, fences, and exterior changes beyond what zoning allows.
Key Zoning Facts
Derry is a town in Rockingham County, New Hampshire, with a population of approximately 33,981 (2020 Census). Derry operates under a town council form of government. Land use and development are regulated through the town's zoning ordinance, administered by the Derry Planning Department.
Derry's zoning ordinance divides the town into several districts, including residential zones that range from the low-density LMDR district (half-acre minimum lots) to the higher-density HDR district for multi-family housing. The town also includes General Commercial (GC) and Industrial (I) districts.
Key Zoning Districts
Derry's primary residential zoning districts include:
- LMDR (Low-Medium Density Residential) — Minimum 1/2-acre lots with 30 ft front, 15 ft side, and 25 ft rear setbacks. Maximum height of 35 ft.
- MDR (Medium Density Residential) — Minimum 15,000 sq ft lots with 25 ft front, 10 ft side, and 20 ft rear setbacks. Maximum height of 35 ft.
- HDR (High Density Residential) — Higher-density residential zone allowing multi-family housing with standards that vary based on project type.
Non-residential districts include:
- GC (General Commercial) — Retail, office, and service uses
- I (Industrial) — Manufacturing, warehousing, and related industrial uses
ADU Regulations (Accessory Dwelling Units)
New Hampshire state law (RSA 674:72-73) requires all municipalities to allow ADUs (Accessory Dwelling Units) as a matter of right on any property with a single-family dwelling. This is a state mandate that Derry must comply with. Key points:
- One ADU is permitted per single-family lot
- The ADU may be attached to or detached from the primary dwelling (subject to local standards)
- Municipalities cannot prohibit ADUs but may adopt reasonable regulations regarding size, parking, and other dimensional standards
- Contact the Derry Planning Department for the town's specific ADU application requirements and any local dimensional standards
Building Code
Derry follows the NH State Building Code (RSA 155-A), which is based on the International Building Code (IBC) and International Residential Code (IRC). All construction must comply with the state building code.
Development Process
Development in Derry generally requires obtaining the appropriate permits from the town's planning and building departments. The process typically involves:
- Zoning Verification — Confirm that your proposed use is permitted in the applicable zoning district
- Planning Board Review — For subdivisions, site plans, and certain other projects, submit an application to the Derry Planning Board
- Building Permit — Apply for a building permit with construction documents
- Inspections — Schedule required inspections during construction
- Certificate of Occupancy — Obtain final approval before occupying the structure
For projects that do not conform to existing zoning, property owners may need to seek a variance or special exception from the Derry Zoning Board of Adjustment (ZBA).
Key Considerations
Before starting any development project in Derry, property owners should:
- Verify the zoning classification of their property
- Review setback, height, and lot coverage requirements for the applicable district
- Check for any overlay districts or special regulations
- Determine if the property is in a flood zone using FEMA's flood map service
- Confirm whether HOA covenants or deed restrictions apply
- Contact the Derry Planning Department at (603) 432-6100 for pre-application guidance
Disclaimer: This guide provides general information about zoning in Derry, NH and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations with the Derry Planning Department before making development decisions.
Regulatory Layers That Apply in Derry
Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.
Federal
- FEMA flood mapping: check parcel-specific flood-zone status
- View FEMA Flood Map
State — New Hampshire
- Building Code: NH State Building Code (RSA 155-A)
- State ADU Override: Yes (NH RSA 674:72-73 requires municipalities to allow ADUs)
County — Rockingham County
City / Municipal
The municipality's zoning ordinance, building-code enforcement, and local permits form the primary local layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- Private covenants, deed restrictions, condominium rules, or association rules can impose requirements beyond zoning.
- Check HOA CC&Rs and deed restrictions for additional requirements.
Statewide Context (New Hampshire)
Local data for Derry is limited. The following state-level facts apply across New Hampshire and are inherited by this page until city-specific details are verified.
- State Building Code
- NH State Building Code (based on 2018 IBC)
- State ADU Preemption
- Yes — state law overrides local rules
- Coastal Zone
- Yes
- Wildfire Zones
- No
ADU Rules in Derry
State law (statewide context, not city-specific):
New Hampshire RSA 674:71-73 (enacted by SB 146, signed March 2016) requires municipalities that adopt zoning to allow at least one accessory dwelling unit as a matter of right or by conditional use permit/special exception in all zoning districts that permit single-family dwellings. HB 1291 (2024), which would have expanded this to two ADUs by right, passed the House but was killed in the Senate.
For local size, setback, and parking specifics, contact the Derry Planning Department.
Permit Costs & Timelines
Check Current Permit Fees & Timelines
Permit fees and review times can vary by project type, scope, valuation, and required approvals. Check the current schedule with the local permitting authority before filing.
Check current Derry permit information →Official Sources
City-specific