HB 1091 — relative to unauthorized camping on private property.

HB 1091 - AS AMENDED BY THE SENATEHOUSE 5Mar2026...

0657h 04/23/2026 1544s SESSION 26-2510 09/08 HOUSE BILL 1091 AN ACT relative to unauthorizedthe campingpenalty onfor privateviolations property.of municipal ordinances related to sleeping or camping outside.

Criminal Justice and Public Safety ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill prohibitsrequires campingmunicipalities withoutto permissionprovide onfor another'sa privatenonmonetary propertypenalty andthat addsmay penaltiesbe elected in lieu of a financial penalty for suchany violations.ordinance or bylaw prohibiting sleeping or camping outdoors.

HB 1091 - AS AMENDED BY THE SENATEHOUSE 5Mar2026...

0657h 04/23/2026 1544s 26-2510 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to unauthorizedthe campingpenalty onfor privateviolations property.of municipal ordinances related to sleeping or camping outside.

1 FindingsPowers and Purpose.Duties of Towns;

ThePower generalto courtMake findsBylaws. that:

I.Amend RSA 31:39, III to read as follows:

Unauthorized camping on public and private property in densely populated municipalities presents significant challenges to public health, sanitation, and safety, and interferes with the rights of property owners.

II.

Municipalities have an interest in ensuring that land is not used for habitation without appropriate consent, oversight, and provision for waste disposal and emergency access.

WhileTowns currentmay lawenforce prohibitsthe campingobservance onof publicthe rights-of-waybylaws andby publicsuitable propertypenalties withoutnot permission,exceeding there$1,000 isfor noeach paralleloffense prohibitionto governingenure unauthorizedto such uses as the town may direct, except that for any ordinance or bylaw prohibiting sleeping or camping onoutdoors, privatethe landtown inshall largerprovide municipalities,for whicha hasnonmonetary resultedpenalty inthat conflictsmay betweenbe landowners,elected municipalities,in andlieu lawof enforcement.a financial penalty.

IV.Options for nonmonetary penalties include, but are not limited to, community service, enrollment in a program designed to assist the individual with obtaining stable housing, and verification of secured stable housing.

ItThe isoption thereforeor theoptions purposefor ofa thisnonmonetary actpenalty toshall: extend existing protections against unauthorized camping to private property in municipalities of more than 10,000 residents, to clarify the role of law enforcement in such matters, and to preserve both public order and private property rights.

2(a) PrivateBe Propertystated Campingclearly Restriction.in the ordinance or bylaw language;

Amendand RSA(b) 236:58Require andthat the subdivisionindividual headingwho precedingviolates RSAthe 236:58ordinance or bylaw to readelect asthe follows:nonmonetary penalty, and if there are multiple nonmonetary penalties available, which penalty.

Camping2 AlongNew HighwaysParagraph; and on Public and Private Property 236:58 Camping Restricted.

I.Power of City Councils;

NoBylaws personand shallOrdinances. pitch a tent or place or erect any other camping device or sleep on the ground within the public right-of-way or on public property unless permission is received from the governing board of the governmental authority having jurisdiction over such public right-of-way or property.

II.(a)Amend InRSA any47:17 municipality with a population greater than 10,000 as determined by theinserting mostafter recentparagraph federalXX decennial census, no person shall camp, erect a tent, place or erect any other camping device, or sleep on the groundfollowing uponnew privateparagraph: property unless:

(1)XXI. The person has written permission from the owner of the property;

orFor (2)any Theordinance propertyor ownerbylaw isprohibiting continuouslysleeping presentor oncamping outdoors, the premisescity atcouncil theshall timeprovide offor sucha campingnonmonetary andpenalty consentsthat tomay thebe activity.elected in lieu of a financial penalty.

(b)Options Thisfor paragraphnonmonetary shallpenalties include, but are not applylimited to, community service, enrollment in a program designed to campsitesassist orthe recreationalindividual campgroundswith orobtaining campingstable parkshousing, regulatedand pursuantverification toof RSAsecured 216-I.stable housing.

HBThe 1091option -or ASoptions AMENDEDfor BYa THEnonmonetary SENATEpenalty -shall: Page 2 - III.

In(a) enforcementBe ofstated paragraphclearly IIin of this section, law enforcement officials shall not be required to obtain or rely upon a written no trespass order from the propertyordinance owner if the person cannot satisfy either subparagraph II(a)(1) or (2).bylaw language;

3and Additional(b) PenaltyRequire forthat Campingthe onindividual Privatewho Property.violates the ordinance or bylaw to elect the nonmonetary penalty, and if there are multiple nonmonetary penalties available, which penalty.

Amend RSA 236:59 to read as follows:

236:59 Penalty.

Any person who violates RSA 236:58 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person;

and, in addition, shall be liable for the cost of restoration for any damage caused to a highway easement or right-of-way or to private land disturbed by such unlawful camping.

4 Effective Date.

This act shall take effect January 1, 2027.

LBA 26-2510 04/23/2026 HB 1091- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2026-1544s) AN ACT relative to unauthorized camping on private property.

FISCAL IMPACT:

Estimated State Impact FY 2026 FY 2027 FY 2028 FY 2029 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures* Indeterminable Funding Source General Fund Appropriations* $0 $0 $0 $0 Funding Source None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2026 FY 2027 FY 2028 FY 2029 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable   METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation.

Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.

A summary of such costs can be found at:

https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association