SB 84 sets maximum lot sizes for single-family homes based on water and sewage infrastructure availability. For lots without municipal sewer, the cap is 66,000 square feet; with municipal water, 44,000 square feet; and with municipal sewage, 22,000 square feet. Municipalities must provide empirical evidence if they seek to exceed these limits due to infrastructure capacity concerns. The bill directly affects local zoning regulations in New Hampshire municipalities with single-family residential zoning.
HB 459 sets new limits on minimum lot sizes for single-family homes based on sewer infrastructure. It prohibits local zoning rules from requiring lots larger than necessary for health/safety (determined by state environmental rules) for homes without municipal sewer, and caps lot sizes at 22,000 square feet for homes with municipal sewer - unless a town provides scientific proof that larger lots are needed for community health or safety. The bill directly affects municipalities that set zoning rules and developers or homeowners building single-family homes in areas with specific sewer systems. It takes effect July 1, 2025, and does not apply to lots created before that date.
HB 410 requires New Hampshire towns and cities to justify certain zoning restrictions on residential properties using scientific evidence from non-partisan sources, rather than arbitrary rules. It defines "extraordinary restrictions" as those exceeding specific thresholds, such as lot sizes over 5 acres per unit, minimum home sizes over 200 square feet, or fees exceeding $100 for low-income homeowners. Residents affected by these restrictions can appeal to their local zoning board, which must pause enforcement while reviewing whether the evidence meets the bill’s standards. The law aims to limit local government authority over housing development by mandating evidence-based decisions and creating a clear appeal process.
SB 90 allows municipalities to permit high-density residential housing (defined as at least 20 units per acre) on land currently zoned for commercial use like retail or offices. It directly affects local governments, which must permit such development if adequate infrastructure (roads, water, sewage) is available or provided. The bill amends zoning rules to remove barriers for mixed-use projects combining residential and commercial space, requiring only that infrastructure supports the new housing. This policy change aims to increase housing options in areas currently limited to business uses, without mandating new construction. The law takes effect 60 days after passage.
SB 82 creates "Housing Opportunity Zones" in New Hampshire counties and municipalities to encourage affordable workforce housing development. It requires owner-occupancy (no rental by investors), mandates specific design features like slab foundations and front porches, and exempts the first property transfer from real estate transfer taxes. The bill proposes $20 million in state grants for infrastructure (roads, water, sewer) with limits of $1 million per municipality and $5 million per county, though no funding source is identified. It directly affects local governments that establish these zones and future homeowners who must live in the properties they purchase.
SB 231 would limit local zoning requirements for road frontage and setbacks near wetlands to a maximum of 50 feet, aiming to increase housing density by reducing the minimum distance properties must be from wetlands. The bill ensures these limits remain consistent with existing shoreland protection standards (RSA 483-B:9) and do not override broader environmental regulations (RSA 489:2). It directly affects local governments creating zoning rules and developers building near wetlands, allowing more compact development while maintaining current environmental safeguards. The bill amends state law to add this purpose to zoning ordinances and takes effect 60 days after enactment.
SB 175 allows municipalities to enforce valid private covenants (like neighborhood rules set by homeowners' associations) but prohibits them from requiring or encouraging such covenants as a condition for zoning or land use approvals. The bill specifically exempts workforce housing developments from this prohibition, permitting municipalities to require covenants for these projects under separate rules. This directly affects municipalities (which must adjust their approval processes), developers (especially for workforce housing), and property owners with existing covenants. The law takes effect 60 days after passage, creating clear boundaries for when covenants can be enforced versus when they cannot be mandated.
HB 1713 establishes new standards for affordable housing development in New Hampshire by revising zoning laws. It defines "eligible housing" for low-income (80% or less of median area income) and moderate-income (80%-140% of median area income) residents, and authorizes the transfer of surplus state-owned property to the New Hampshire Housing Finance Authority for affordable housing projects. The bill requires affordability restrictions on housing developed on transferred properties, including rules for occupancy, resale, and mixed-income housing. This directly affects state agencies managing surplus property, the Housing Finance Authority, and low/moderate-income residents seeking affordable housing options.
HB 1008 clarifies the definition of "inclusionary zoning" to include voluntary incentives like density bonuses or streamlined applications that encourage affordable housing development. It expands local government options for promoting affordable housing and creates a new process allowing developers to propose alternative compliance methods for inclusionary zoning requirements. If a planning board disagrees with an applicant's alternative solution, the bill permits third-party review under existing law. This directly affects municipalities establishing housing policies and developers seeking to build affordable units under local ordinances. The changes take effect 60 days after enactment.
SB 435 removes the requirement that property owners must prove an unusual hardship to obtain a zoning variance from a local zoning board. This directly affects homeowners, developers, and businesses seeking to modify land use under current zoning rules, as well as the zoning boards reviewing these requests. The bill repeals two specific sections of state law (RSA 674:33, I(a)(2)(E) and I(b)) that previously mandated hardship assessments for variances. The change simplifies the process by allowing boards to grant variances without evaluating hardship, effective 60 days after passage.
