CACR 16 - AS INTRODUCED
2024 SESSION
24-2218
10/02
CONSTITUTIONAL AMENDMENT
CONCURRENT RESOLUTION 16
RELATING TO: local governance.
PROVIDING THAT: local construction projects seeking amendments, waivers, or variances be subject to certain local approval, disclosure, and vote requirements.
SPONSORS: Rep. Qualey, Ches. 18; Rep. True, Rock. 9; Rep. Potucek, Rock. 13; Rep. Bogert, Belk. 5; Rep. L. Gould, Hills. 2; Rep. Reid, Hills. 27
COMMITTEE: Municipal and County Government
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ANALYSIS
This constitutional amendment concurrent resolution would require that projects governed by zoning and land use regulations seeking changes, variances, or waivers shall require prior approval of all civic, veterans, fraternal, and not-for-profit association property owners affected, a financial impact statement, and approval by three-fifths vote.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type
24-2218
10/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT
RELATING TO: local governance.
PROVIDING THAT: local construction projects seeking amendments, waivers, or variances be subject to certain local approval, disclosure, and vote requirements.
Be it Resolved by the House of Representatives, the Senate concurring, that the
Constitution of New Hampshire be amended as follows:
I. That the first part of the constitution be amended by inserting after article 39 the following new article:
[Art.] 40. [Existing Land Use.] Zoning ordinances and land use regulation by the towns and cities, the village districts with zoning authority, and by counties with zoning authority over unincorporated places, shall govern proposed construction and changes to existing land use, whether non-infrastructure government or private. Projects seeking changes, variances, or waivers to zoning ordinances or land use regulations may not be considered or approved without the prior approval of all civic, veterans, fraternal, and not-for-profit association property owners affected by such change, variance, or waiver. Projects including changes, variances or waivers to zoning ordinances or land use regulations shall require a financial impact statement made public no later than 45 days prior to a vote to adopt, including projected municipal, village, county and educational costs, detailing any tax credits or contractor subsidies and listing any projected tax increases. Projects including changes, variances or waivers must be individually approved by three fifths of the qualified voters present and voting on the subject at the annual municipal, village, or county election or meeting on the matter.
II. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2024.
III. That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2024 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2024 session of the general court shall be approved.
IV. That the wording of the question put to the qualified voters shall be:
“Should the first part of the constitution be amended by inserting after article 39 the following new article:
[Art.] 40. [Existing Land Use.] Zoning ordinances and land use regulation by the towns and cities, the village districts with zoning authority, and by counties with zoning authority over unincorporated places, shall govern proposed construction and changes to existing land use, whether non-infrastructure government or private. Projects seeking changes, variances, or waivers to zoning ordinances or land use regulations may not be considered or approved without the prior approval of all civic, veterans, fraternal, and not-for-profit association property owners affected by such change, variance, or waiver. Projects including changes, variances or waivers to zoning ordinances or land use regulations shall require a financial impact statement made public no later than 45 days prior to a vote to adopt, including projected municipal, village, county and educational costs, detailing any tax credits or contractor subsidies and listing any projected tax increases. Projects including changes, variances or waivers must be individually approved by three fifths of the qualified voters present and voting on the subject at the annual municipal, village, or county election or meeting on the matter?”
V. That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot. The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.”. If no oval is marked, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2024 General Court” shall be printed in bold type at the top of the ballot.
VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.
VII. Voters' Guide.
AT THE PRESENT TIME, procedures for town, city, district adoption of zoning and land use changes regulating projects including changes, variances, or waivers, are not addressed by the Constitution.
IF THE AMENDMENT IS ADOPTED, projects seeking changes, variances, or waivers to zoning ordinances or land use regulations would require prior approval of all civic, veterans, fraternal, and not-for-profit association property owners affected, a financial impact statement, and approval by three-fifths vote.
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2024 | House | Hearing |
| March 11, 2024 | House | Exec Session |
| March 11, 2024 | House | Floor Vote |
March 21, 2024: Inexpedient to Legislate: MA VV 03/21/2024 HJ 9 P. 14
March 15, 2024: Committee Report: Inexpedient to Legislate 03/11/2024 (Vote 16-0; CC)
March 6, 2024: Executive Session: 03/11/2024 09:30 am LOB 301-303
Feb. 6, 2024: Public Hearing: 02/13/2024 02:15 pm LOB 301-303
Dec. 1, 2023: Introduced 01/03/2024 and referred to Municipal and County Government