CHAPTER 51
HB 141-LOCAL – FINAL VERSION
23Mar2005… 0347h
2005 SESSION
06/01
HOUSE BILL 141-LOCAL
COMMITTEE: Municipal and County Government
This bill prohibits a planning board from limiting the number of building permits issued unless the town has adopted certain growth management ordinances.
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Explanation: 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Mar2005… 0347h
05-0126
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the planning board’s authority to limit building permits.
Be it Enacted by the Senate and House of Representatives in General Court convened:
51:1 New Paragraph; Power to Regulate Subdivisions; Building Permit Limits Restricted. Amend RSA 674:35 by inserting after paragraph II the following new paragraph:
III. The planning board shall not limit the number of building permits that may be issued except in accordance with an innovative land use control ordinance addressing timing incentives and phased development under RSA 674:21 and adopted under RSA 674:16; or an ordinance to regulate and control the timing of development, adopted under RSA 674:22; or an ordinance to regulate growth via interim regulation, adopted under RSA 674:23. This paragraph shall not be construed to limit the planning board’s authority to deny a subdivision application on the basis that it is scattered or premature.
51:2 Effective Date. This act shall take effect 60 days after its passage.
(Approved: May 23, 2005)
(Effective Date: July 22, 2005)