Revision: Dec. 1, 2023, 3:11 p.m.
HB 1215 - AS INTRODUCED
2024 SESSION
24-2468
05/10
HOUSE BILL 1215
SPONSORS: Rep. Wallace, Rock. 8; Rep. Alexander Jr., Hills. 29; Rep. Yokela, Rock. 32; Rep. Damon, Sull. 8
COMMITTEE: Special Committee on Housing
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ANALYSIS
This bill provides that approved subdivision plats, site plans, and building permits shall be exempt from subsequent changes in the state building code, fire code, and municipal zoning regulations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2468
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Planning and Zoning; Local Land Use Planning and Regulatory Powers; Regulation of Subdivision of Land; Five-Year Exemption. RSA 674:39 is repealed and reenacted to read as follows:
674:39 Regulatory Exemption. Every subdivision plat approved by the planning board, every site plan approved by the planning board, and every building permit approved by the municipality shall be exempt from all subsequent changes to any ordinance or regulation adopted under this title. No pending subdivision plat, site plan, or building permit shall be required to comply with an ordinance or regulation adopted or revised after the date of filing. Nothing in this section shall exempt the subdivision plat, site plan, or building permit from compliance with all applicable ordinances and regulations in effect on the date of approval by the municipality.
2 New Paragraph; Public Safety and Welfare; New Hampshire Building Code; Permit Required. Amend RSA 155-A:4 by inserting after paragraph III the following new paragraph:
IV. Every subdivision plat approved by a municipal planning board, every site plan approved by a municipal planning board, and every building permit approved by a municipality, shall be exempt from all subsequent changes in the state building code under this chapter. No pending subdivision plat, site plan, or building permit shall be required to comply with a change in the state building code adopted after the date of filing. Nothing in this section shall exempt the subdivision plat, site plan, or building permit from compliance with the version of the state building code in effect on the date of approval by the municipality.
3 New Paragraph; State Fire Code. Amend RSA 153:5 by inserting after paragraph VI the following new paragraph:
VII. Every subdivision plat approved by a municipal planning board, every site plan approved by a municipal planning board, and every building permit approved by a municipality, shall be exempt from all subsequent changes in the state fire code and associated rules. No pending subdivision plat, site plan, or building permit shall be required to comply with a change in the state or local fire code adopted after the date of filing. Nothing in this section shall exempt the subdivision plat, site plan or building permit from compliance with the version of the state and local fire code in effect on the date of approval by the municipality.
4 Register of Deeds; Site Plans. Amend RSA 478:1-a by inserting after paragraph XIII the following new paragraph:
XIV. The register of deeds shall not refuse to record a plat under this section for failure to comply with a law, regulation, or ordinance adopted after the date the site plan or plat was approved by the municipal planning board.
5 Effective Date. This act shall take effect 60 days after its passage.