Does a Planning Board have the authority to approve a subdivision or site plan with frontage only on a Class VI road?
Yes, but be careful! A Planning Board has the authority to grant a subdivision on a class VI road unless specifically addressed by local regulations. When dealing with any development on a class VI road, a very important statute to consider is RSA 674:41. That statute states in part that “no building shall be erected on any lot within any part of the municipality nor shall a building permit be issued for the erection of a building …” on a class VI road unless authorized by vote of the governing body only after review and comment by the planning board and the filing of a notice of the limits of municipal responsibility and liability in the registry of deeds. In other words, the land might be able to be subdivided but there is an additional process to go through before someone can build. The planning board should adopt a policy (or amend their subdivision regulations) to address developments on class VI roads along with the selectmen regarding reclassifications or individual building per
