Data-center law in New Hampshire
Subnational jurisdiction · as of 2026-09-06
New Hampshire's data-center permitting spine runs through the same general land-use and building-code framework applied to any industrial development, rather than a data-center-specific statute. Municipalities may adopt zoning ordinances under RSA 674:16 and require planning-board site plan review under RSA 674:43-44, and construction then proceeds under the State Building Code, RSA 155-A:2.
A data center's own generation or storage equipment can separately trigger Site Evaluation Committee jurisdiction under RSA 162-H once capacity reaches 30 megawatts, a threshold the committee may also apply down to 5 megawatts at its discretion, covering conventional and renewable generation and battery storage alike; no person may commence construction of such a facility without a committee certificate.
New Hampshire levies no state sales and use tax, so it has nothing comparable to Virginia's sales-tax exemption for data-center equipment, and no dedicated data-center incentive statute was found. New Hampshire's general environmental permitting framework, wetlands and water-quality permitting under RSA 482-A and air permitting under RSA 125-C, applies to data-center construction without a data-center-specific provision.
01
Instruments on record
4 instruments on record, grouped by the family of approval each one governs.
Land use
Who decides whether a data center may occupy a site, and through what approval?
Site Plan Review
In force
RSA 674:43, 674:44
Applies to both
A municipality that has adopted a zoning ordinance and subdivision regulations may by ordinance or resolution authorize its planning board to review and approve or disapprove site plans for nonresidential development, including a data center, before construction proceeds; RSA 674:44 requires the planning board to adopt site plan review regulations before exercising that power.
The sections have been amended repeatedly since 1983 (most recently in 2025), and the statute's own text does not state a single commencement day for its current form.
Source: Full text of law
Zoning Ordinances, Grant of Power
In force
RSA 674:16
Applies to both
The local legislative body of a New Hampshire city, town, or county may adopt or amend a zoning ordinance to regulate building height and size, lot dimensions, population density, and the location and use of land for business, industrial, residential, or other purposes. The section has been amended repeatedly since its 1983 original enactment (most recently in 2025), and the statute's own text does not state a single commencement day for its current form.
Source: Full text of law
Energy and grid
What authorizations govern grid connection and onsite generation?
Site Evaluation Committee for Energy Facilities
In force
RSA 162-H:2, 162-H:5
Effective 1992-01-01 · Applies to both
No person may commence construction of an energy facility in New Hampshire without a certificate from the Site Evaluation Committee.
RSA 162-H:2, VII defines energy facility to include electric generating station equipment and associated facilities of any capacity of 30 megawatts or more, an electrical storage facility with a peak capacity of 30 megawatts or more, a renewable energy facility (also defined at a 30-megawatt threshold, which the committee may extend down to as low as 5 megawatts at its own discretion or on petition), and associated transmission lines above stated voltage or length thresholds.
Source: Full text of law
Construction
What codes and permits govern the build itself?
State Building Code
In force
RSA 155-A:2
Applies to both
All buildings and structures constructed in New Hampshire, a data center included, must comply with the state building code and state fire code, enforced locally by a municipality's enforcement mechanism where one is adopted, or by the state fire marshal otherwise. The section has been amended repeatedly since 2002 (most recently effective 2026), and the statute's own text does not state a single commencement day for its current form.
Source: Full text of law
Every entry cites the instrument it describes.
None of it is legal advice: verify a citation before relying on it. Full
sourcing: read the methodology. The rest of the
record: all jurisdictions.