The 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.
Planning boards are often asked, “do I need to submit a full subdivision application if all I am seeking is a lot line adjustment?” The answer to this question is dependent on the specific adjustment being sought, the parties involved, and the extent of the change being requested. Understanding when a hearing may be necessary versus when some simple paperwork may be able to accomplish the task can save a planning board time and resources. This article will provide some guidance on how to determine if something should be considered a minor lot line adjustment and what process needs to be followed to make the proposed changes.
Q. What is the definition of a “lot line adjustment”?
A. By definition, a lot line adjustment is just another way of referring to a subdivision of land. As provided in RSA 672:14, a subdivision “means the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development.” When adjacent landowners agree to divide portions of their respective parcels and transfer acreage between the two, that is a subdivision of land that is colloquially known as a lot line adjustment. The term lot line adjustment is generally used to mean a minor change in boundaries, and there is a common understanding that these adjustments will not require the same process or procedure as larger subdivisions. The scope of the process required to change a boundary line will depend entirely on the specifics of the proposal and as set forth in the subdivision regulations.
Q. How do I know what process is required for a proposed “lot line adjustment”?
A. The answer to this will come down to each municipality’s own subdivision regulations. The first question to answer is whether or not a public hearing is
going to be required. RSA 676:4 permits a planning board to approve minor lot line adjustments without a public hearing. However, this is an optional provision, and the specifics can be tailored by the planning board in their subdivision regulations. Assuming that your subdivision regulations do allow for minor lot line adjustments without the need for a public hearing, the next question will be to determine what actually constitutes a minor lot line adjustment. Paragraph I(e) of RSA 676:4 states, in part:
“Public hearings shall not be required, unless specified by the subdivision regulations, when the board is considering or acting upon: (1) Minor lot line adjustments or boundary agreements which do not create buildable lots, except that notice to abutters and holders of conservation, preservation, or agricultural preservation restrictions shall be given prior to approval of the application in accordance with subparagraph (d) and any abutter or holder of conservation, preservation, or agricultural preservation restrictions may be heard on the application upon request . . .”
Therefore, the first consideration would be to determine if the proposal will create any new buildable lots.
Q. If no hearing is required by our subdivision regulations, what process must be followed?
A. Even if the plan does qualify as a minor lot line adjustment, and if the town’s regulations do not require a hearing, the statute still requires abutter notification before the board takes action on the application: “[N]otice to abutters and holders of conservation, preservation, or agricultural preservation restrictions shall be given prior to approval of the application in accordance with subparagraph (d) and any abutter or holder of conservation, preservation, or agricultural preservation restrictions may be heard on the application upon request.”
At the very least, the board must notify abutters and easement holders in the same manner that it would for a regular subdivision application. If, after receiving notice, one or more of the abutters or easement holders asks to be heard on the application, the board must hold a public hearing on that application.
In addition, a lot line adjustment does require a plan to be recorded at the registry of deeds, least of all to make sure the town’s tax map under RSA 31:95-a is accurate and up to date. RSA 478:1-a requires that all plans that depict a subdivision of land, including lot line adjustments, shall be prepared and certified by a licensed land surveyor. The planning board should also record a notice of decision with the register of deeds as well. Where a lot line plan adjusts the boundary of two lots owned by separate owners, it is imperative that along with the lot line adjustment plan, the owners also file conforming deeds to be recorded simultaneously. This will transfer title of the affected property from one property owner to the other.