Struck = removed from the bill ·
added = the amendment's new text.
SBSenate 84-FNCommerce -February AS11, INTRODUCED2025 SESSION2025-0366s 25-1006 06/02 SENATEAmendment BILLto SB 84-FN ANAmend ACTthe relativebill toby zoningreplacing proceduressection concerning2 residentialwith housing.the following:
SPONSORS:
Sen.
Murphy, Dist 16;
Sen.
Innis, Dist 7;
Sen.
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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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;
Lot Sizes for Single-Family Residential Uses.
Amend RSA 674 by inserting after section 18-a the following new section:
674:18-b Lot Sizes for Single-Family Residential Uses.
I.
In a majority of land zoned to permit single-family residential uses in a municipality, for lots not serviced by municipal or community sewer infrastructure, no ordinance shall require lot sizes greater than 66,000 square feet for single-family residential uses.
In determining the majority of land zoned for residential uses, the municipality shall include all areas zoned residential or any non-residential zoned areas that allow single-family homes.
II.
For lots serviced by municipal or community water infrastructure, no ordinance shall require lot sizes greater than 44,000 square feet for single-family residential uses if there is adequate water system capacity to accommodate development on such lots, unless the municipality provides empirical evidence that the water system cannot support additional homes.
III.
For lots serviced by municipal or community sewer infrastructure, no ordinance shall require lot sizes greater than 22,000 square feet for single-family residential uses if there is adequate sewage system capacity to accommodate development on such lots, unless the municipality provides empirical evidence that the sewer system cannot support additional homes.
IV.
The requirements of this section shall not be construed to limit the potential for development of lots created prior to July 1, 2024.
V.
Nothing in this section shall override or supersede applicable municipal zoning regulations unrelated to minimum lot sizes.
VI.
Nothing in this section shall override or supersede applicable department of environmental services septic and well regulations, which may require applicants on a case-by-case basis to have larger lot sizes to meet these regulations.
This act shall take effect July 1, 2025.2026.
LBA 25-1006 1/19/25 SB 84-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to zoning procedures concerning residential housing.
FISCAL IMPACT:
Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $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