Struck = removed from the bill ·
added = the amendment's new text.
SB 84-FN - AS INTRODUCED SESSION 25-1006 06/02 SENATE BILL 84-FN AN ACT relative to zoning procedures concerning residential housing.
SPONSORS:
Murphy,Ricciardi, Dist 16;9 March 18, 2025 2025-1067s 06/09 Floor Amendment to SB 84-FN Amend the title of the bill by replacing it with the following:
Sen.3 AN ACT relative to zoning procedures concerning single-family residential uses.
Innis,5 DistAmend 7;the bill by replacing all after the enacting clause with the following:
Sen.7 1 New Section;
McGough, Dist 11;
Rep.
Alexander Jr., Hills.
29;
Rep.
Osborne, Rock.
2 COMMITTEE:
Commerce ───────────────────────────────────────────────────────────────── ANALYSIS This bill sets maximum lot sizes for single-family residential uses based on the type of infrastructure servicing the lot.
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Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
SB 84-FN - AS INTRODUCED 25-1006 06/02 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACT relative to zoning procedures concerning residential housing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section;
Amend RSA 674 by inserting after section 18-a the following new section:sections:
Municipalities may adopt the following provisions pursuant to RSA 674:18-c:
"Empirical evidence" means information acquired through observation or experimentation.
It is evidence based on measurable and verifiable data, rather than theory or personal beliefs.
"Empirical evidence" means information acquired through observation or experimentation.
It is evidence based on measurable and verifiable data, rather than theory or personal beliefs.
Floor Amendment to SB 84-FN - Page 2 - VI.
674:18-c Local Option For Lot Sizes for Single-Family Residential Uses.
I.
Adoption of provisions of RSA 674:18-b shall be made pursuant to lawful authority under RSA 672 through RSA 678, or any other applicable law.
Upon adoption of the provisions of RSA 674:18-b, the provisions shall take effect immediately within the municipality until such time as the legislative body votes to rescind its action.
II.
A municipality that has adopted the provisions of RSA 674:18-b may consider rescinding its action as follows:
(a) In a town, the question shall be placed on the warrant of an annual town meeting under the procedures set out in RSA 39:3, and shall be voted on by ballot.
In a city, the legislative body may vote to place the question on the official ballot for any regular municipal election, or, alternatively, shall place the question on the official ballot for any regular municipal election upon submission to the legislative body of a petition signed by 5 percent of the registered voters.
(b) The selectmen, aldermen, or city council shall hold a public hearing on the question at least 15 days, but not more than 30 days, before the question is to be voted on.
Notice of the hearing shall be posted in at least 2 public places in the municipality and published in a newspaper of general circulation at least 7 days before the hearing.
(c) The wording of the question shall be substantially as follows:
"Shall we rescind the provisions of RSA 674:18-b, relative to lot sizes for single-family residential uses?" III.
On or before one year following its effective date, the municipality shall hold a vote at the annual town meeting or regular municipal election to determine whether to continue or rescind the adoption of RSA 674:18-b.
IV.
If the vote to rescind is approved, RSA 674:18-b shall no longer apply within the town, effective immediately.
V.
If the vote to rescind is not approved, the provisions of RSA 674:18-b shall remain in effect and the question may later be voted upon according to the provisions of paragraph II at the next annual town meeting or regular municipal election.
This act shall take effect July 1, 2025.2026.
LBAFloor 25-1006Amendment 1/19/25to SB 84-FN-84-FN FISCAL- NOTEPage AS3 INTRODUCED- AN2025-1067s ACTAMENDED relativeANALYSIS toThis zoningbill proceduresestablishes concerningmaximum lot sizes for single-family residential housing.uses based on the type of infrastructure available to the lot.
FISCALIt IMPACT:requires municipalities to place a question on the ballot within one years of the bill’s implementation to determine whether to rescind these provisions.
EstimatedIf Politicalthe Subdivisionballot Impactmeasure FYsucceeds, 2025the FYmaximum 2026lot FYsize 2027provisions FYwill 2028not Countyapply Revenuewithin $0that $0municipality. $0 $0 County Expenditures $0 $0 $0 $0 Local Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Local Expenditures $0 Increase Increase Increase METHODOLOGY:
This bill sets maximum lot size requirements for single-family residential uses depending on the availability of municipal or community sewer and water infrastructureFor lots without municipal/community sewer, the maximum lot size is set at 66,000 square feet.
For those with municipal/community water, the limit is 44,000 square feet, unless there’s proof of inadequate water capacity.
For lots with municipal/community sewer, the maximum is 22,000 square feet unless there's proof of inadequate sewer capacity to support more homes.
The New Hampshire Municipal Association indicates that municipalitieswill incur indeterminable costs with amending local zoning ordinances, determining what defines a majority of land zoned for residential uses, assessing if the water or sewer system has adequate capacity, and gathering empirical evidence to challenge the lot size requirement.
AGENCIES CONTACTED:
New Hampshire Municipal Association