Amendment 2024-1365h to HB1291 (2024)

Relative to accessory dwelling unit uses allowed by right.

Revision: March 27, 2024, 4:11 p.m.

Rep. Cushman, Hills. 28

March 27, 2024





Floor Amendment to HB 1291


Amend RSA 674:72, I as inserted by section 2 of the bill by replacing it with the following:


I.  A municipality that adopts a zoning ordinance pursuant to the authority granted in this chapter shall allow accessory dwelling units [as a matter of right or by either conditional use permit pursuant to RSA 674:21 or by special exception,] in all zoning districts that permit single-family dwellings.  One accessory dwelling unit, which may be either attached or detached, shall be allowed as a matter of right, and a second accessory dwelling unit shall be allowed as a matter of right or by either conditional use permit pursuant to RSA 674:21 or special exception.  If a detached accessory dwelling unit is established on a property, the municipality may require that any additional accessory dwelling units must be attached.  The municipality shall [be allowed] allow at least 2 accessory dwelling units on lots 10 acres in size without additional requirements for lot size, except as described by this section, setbacks, aesthetic requirements, design review requirements, frontage, space limitations, or other controls beyond what would be required for a single-family dwelling without an accessory dwelling unit.  The municipality is not required to allow more than [one] 2 accessory dwelling [unit] units for any single-family dwelling.  The municipality may prohibit accessory dwelling units associated with multiple single-family dwellings attached to each other such as townhouses, and with manufactured housing as defined in RSA 674:31.  Subsequent condominium conveyance of any accessory dwelling unit separate from that of the principal dwelling unit shall be prohibited, notwithstanding the provisions of RSA 356-B:5, unless allowed by the municipality.




This bill increases the number of accessory dwelling units allowed by right from one to 2 when on lots 10 acres in size, adds definitions, and increases the maximum square footage.  It also gives municipalities the right to require accessory units meeting the definition for workforce housing.