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.
HB 1327 updates the legal definitions of "commercially-zoned land" and "mixed-use" in New Hampshire law. It clarifies that commercially-zoned land refers to areas where commercial use is permitted under local zoning rules, and defines mixed-use development as projects combining residential or other uses within a single building or area approved by a local planning board. These changes directly affect developers seeking approval for projects that blend residential and commercial spaces, requiring planning board review for such developments. The bill takes effect on July 1, 2026.
This bill prevents municipalities from reducing residential density (downzoning) in ways that conflict with existing neighborhood patterns. It requires local governments to approve building permits for residential construction if a licensed architect certifies the proposed density matches surrounding homes. Property owners must provide this certification, and municipalities must issue permits without discretionary review. The law does not affect building codes, safety regulations, or uniform zoning rules already in place.
This bill requires New Hampshire municipalities to permit multi-family housing (like apartment buildings) on land currently zoned for commercial use (e.g., stores or offices), provided adequate infrastructure (roads, water, sewage) exists. It also allows towns to mandate ground-floor retail space in new mixed-use developments and block residential use in industrial zones where impacts like noise or pollution might occur. Municipalities can convert existing nonconforming buildings (e.g., outdated structures) to housing without making them more nonconforming. Implementation costs are estimated to be minimal, under $10,000 per municipality.
HB 1006 changes parking rules for accessory dwelling units (ADUs) by requiring parking to be provided either on-site or at a legally dedicated off-site location only with municipal approval. This removes property owners' previous discretion to choose parking locations without local government permission. Municipalities may require up to one additional parking space per ADU if they require parking for the main house. The bill amends existing law to eliminate owner choice in parking placement for ADUs.
HB 1079 allows accessory dwelling units (ADUs) to be built within or attached to existing non-conforming structures, such as garages or older homes that don’t meet current zoning rules for setbacks or lot coverage. It directly affects homeowners with pre-July 1, 2025 structures and municipalities that must permit these conversions without requiring compliance with modern dimensional standards. Key provisions require local governments to allow ADUs in existing structures (including nonconforming ones) and define "existing structure" as built before July 2025. This bill amends New Hampshire law to remove barriers for adding small, secondary housing units in currently permitted structures.
HB 1011 repeals a state law (RSA 674:16, VIII) that previously prohibited municipalities from creating occupancy rules based on household size or bedroom count in residential areas. This bill directly affects local governments, homeowners, and renters by removing restrictions that limited how communities could regulate housing occupancy. The key provision eliminates the state barrier, allowing towns to establish their own rules for things like multi-family housing or shared living arrangements. The bill takes effect 60 days after passage.
HB 1012 repeals existing state laws that defined and permitted accessory dwelling units (ADUs) and detached accessory dwelling units (DADUs) in New Hampshire. The bill removes specific legal provisions (RSA 674:71, 674:72, and 674:73) that allowed these secondary housing units on single-family properties. This repeal would directly affect property owners who previously could build ADUs or DADUs as independent living spaces on their lots. The bill does not create new rules but eliminates the legal framework that enabled these unit types, taking effect 60 days after enactment.
HB 1764 sets annual workforce housing targets for New Hampshire municipalities (cities, towns, and unincorporated areas) based on factors like available land, infrastructure access, and proximity to jobs. Municipalities failing to meet 50% of their cumulative target by 2028 must review zoning barriers and develop improvement plans, and may face a special property tax on high-value properties ($1.5M+). The tax revenue funds a revolving loan program offering below-market-rate financing to developers for workforce housing projects and related infrastructure upgrades. This bill directly affects local governments and housing developers by creating accountability measures and new funding streams for affordable housing.
