SB439 — relative to municipal data center zoning.

SB 439 - AS INTRODUCEDAMENDED BY THE SENATE 01/29/2026 0176s SESSION 26-2236 06/09 SENATE BILL 439 AN ACT relative to municipal data center zoning.

SB 439 - AS INTRODUCEDAMENDED BY THE SENATE 01/29/2026 0176s 26-2236 06/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to municipal data center zoning.

“Data center” does not include a facility that does not exceed 1025 percent of the gross floor area of all on-site buildings, is used to serve the enterprise functions of the on-site property owner, and is not used to lease data services to third parties.

AData localcenters legislativeare bodyallowed may permit the establishment of data centers within zoning districts designated for commercial or industrial use,use and subject to the provisions of this subdivision and local land use regulationsregulations. adopted pursuant to this title.

II.674:83 Rulemaking.

DataThe centersplanning shallboard, notwith bethe permittedapproval within 2,640 feet of athe passengerlocal raillegislative stationbody, ormay otheradopt high-capacityregulations transitas facilitynecessary. approved by the municipality or the department of transportation.

III.

No data center shall be approved until the applicant has provided written confirmation from the serving electric utility that adequate electrical capacity shall be available to meet the facility’s projected energy demand within 2 years of construction.

IV.

Noise levels generated by a data center located within 300 feet of a residential district shall not exceed the ambient noise level at the property line of the nearest residentially zoned parcel by more than 5 percent.

The applicant shall submit a noise study performed by a qualified acoustical engineer to the planning board prior to site plan approval.

674:83 Design and Siting Standards.

I.

All mechanical and electrical equipment, including but not limited to transformers and generators, shall be set back a minimum of 150 feet from any public right-of-way or residentially zoned property and shall be fully screened by an architecturally integrated structure or decorative wall.

II.

A minimum 30-foot-wide perimeter landscape buffer shall be provided, including at least 2 staggered rows of large canopy trees spaced 20 feet on center and sufficient underplanting to achieve 75 percent live vegetative coverage.

III.

Building facades exceeding 100 feet in length shall include architectural variations in color, material, pattern, texture, height, or fenestration to avoid large, monolithic surfaces.

SB 439 - AS INTRODUCED - Page 2 - IV.

All street frontages shall include a detached sidewalk at least 6 feet in width, separated from the curb by a landscaped strip at least 8 feet in width planted with large canopy street trees at 20-foot spacing or equivalent groupings.

V.

On-site pedestrian pathways shall be shaded by structures, plantings, or both to provide a minimum of 75 percent shade coverage at maturity.

674:84 Rulemaking.

The planning board, with the approval of the local legislative body, may adopt regulations necessary to implement this subdivision, including additional performance, screening, or design standards, consistent with the purpose of this subdivision.