Amendment 2024-1493s to HB1215 (2024)

(Second New Title) relative to development approvals and appeals, and allowing the town of Hampton to discontinue a particular highway in order to lease that property.


Revision: May 2, 2024, 11:44 a.m.

Sen. Gray, Dist 6

April 12, 2024

2024-1493s

05/02

 

 

Amendment to HB 1215

 

Amend the bill by inserting after section 4 the following and renumbering the original section 5 to read as 6:

 

5  Housing Appeals Board; Authority and Duties; Appeals of Decisions by the Building Code Review Board.  Amend RSA 679:5, IV to read as follows:

IV. After local remedies have been exhausted, appeals may be brought before the board by an applicant to the municipal board, committee, or commission, or by any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15. The municipality shall be a party to the action. If the applicant is not the party initiating the action before the board, then the applicant shall automatically be an intervenor. The board shall grant intervenor status to abutters and to any other aggrieved or injured party who can demonstrate legal standing to appeal pursuant to RSA 677:4 or RSA 677:15.  Decisions of the state fire marshal that may be appealed under RSA 155-A:11, I and final decisions of a local building code board of appeals that may be appealed under RSA 155-A:11-b shall first be appealed to the building code review board pursuant to those sections.  Decisions of the building code review board on such appeals may then be appealed either to superior court pursuant to RSA 155-A:12 or the board under this chapter.

2024-1493s

AMENDED ANALYSIS

 

This bill:

 

I.  Extends the existing 5-year exemption for subdivision plats to 10 years and increases the preliminary step from 2 years to 5 years.  

 

II.  Changes the building code and fire code appeals process, limiting the jurisdiction of the local building code board of appeals to hearing decisions made under local amendments to those codes.  

 

III.  Provides that decisions of the building code review board regarding decisions of the fire marshal and local building code board of appeals may be appealed to superior court or the housing appeals board.