Revision: Oct. 29, 2021, 1:23 p.m.
HB 1021 1021 - AS INTRODUCED
2022 SESSION
22-2133
08/11
HOUSE BILL 1021
SPONSORS: Rep. Wuelper, Straf. 3; Rep. Gould, Hills. 7; Rep. Ankarberg, Straf. 10
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits the regulation of religious land use based on the religious nature of the assembly or speech taking place on the land or in the structure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2133
08/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings and Purpose.
I. The general court hereby finds that:
(a) Part I, Article 5 of the New Hampshire Constitution protects religious practice and exercise including the right to build houses of worship free from discretionary zoning or planning regulations. See State v. Mack, No. 2019-0171 (NH Dec. 22, 2020)
(b) There is never a compelling governmental interest in treating religious land use differently than similarly situated uses for non-religious purposes.
(c) Nevertheless, many zoning ordinance and other land use regulations regulate land use based on the religious nature of the assembly or speech by requiring “churches” or “houses of worship” to obtain special exception or conditional use permits not required of non-religious uses such as movie theaters, event venues or schools.
(d) Houses of worship have been substantially burdened by the delay, uncertainty and expense occasioned by being required to apply for zoning or planning permits or complying with conditions imposed due to the religious nature of the land use.
(e) Small congregations and minority religious groups may not have the resources to challenge municipal planning and zoning regulations that are applied due to the religious nature of the assembly.
(f) Many congregations face delays of months or even years and additional costs of tens of thousands of dollars to comply with municipal planning and zoning regulations of religious land use.
II. It is necessary to statutorily clarify that no municipality may regulating religious land use based on the religious nature of the assembly or the religious nature of the speech taking place on the land or in the structure.
2 New Subdivision; Religious Use of Land and Structures. Amend RSA 674 by inserting after section 74 the following new subdivision:
Religious Use of Land and Structures
674:75 Religious Use of Land and Structures. No zoning ordinance or site plan review regulation shall prohibit, regulate or restrict the use of land or structures for religious purposes; provided, however, that such land or structures may be subject to non-discretionary narrow, objective and definite regulations concerning the height of structures, yard sizes, lot area, setbacks, open space and building coverage requirements as long as said requirements are applicable to all uses regardless of the religious or non-religious nature of the use of the property and do not substantially burden religious exercise.
3 Effective Date. This act shall take effect upon its passage.