Amendment 2024-1040h to HB1361 (2024)

Relative to municipal land use regulation for manufactured housing and subdivisions.


Revision: March 18, 2024, 12:28 p.m.

Rep. Yokela, Rock. 32

Rep. Read, Rock. 10

Rep. Damon, Sull. 8

March 8, 2024

2024-1040h

05/08

 

 

Amendment to HB 1361

 

Amend the bill by replacing section 1 with the following:

 

1  Local Land Use Planning and Regulatory Powers; Manufactured Housing.  RSA 674:32, I is repealed and reenacted to read as follows:

I.(a)  Municipalities shall afford reasonable and realistic opportunities for the siting of manufactured housing as required in subparagraph (b) and a municipality shall not exclude manufactured housing completely from the municipality by regulation, zoning ordinance or by any other police power.

(b)  A municipality that adopts land use control measures shall allow, in its sole discretion, manufactured housing to be located:

(1)  On individual lots in most, but not necessarily all, land areas and lots in districts zoned to permit residential uses within the municipality; or

(2)(A)  In manufactured housing parks, as defined in RSA 205-A:1, II, in most, but not necessarily all, land areas and lots in districts zoned to permit residential uses within the municipality; and

(B)  In subdivisions created for the placement of manufactured housing on individually owned lots in most, but not necessarily all, land areas and lots in districts zoned to permit residential uses within the municipality; or

(3)  In all 3 types of locations.

(c)  Manufactured housing located on individual lots pursuant to subparagraph (b)(1) shall comply with lot size, frontage requirements, space limitations and other reasonable controls that conventional single-family housing in the same district must meet.  No special exception or special permit shall be required for manufactured housing located on individual lots pursuant to subparagraph (b)(1) or manufactured housing subdivisions pursuant to subparagraph (b)(2)(B) unless such special exception or permit is required by the municipality for single family housing located on individual lots or in subdivisions.

(d)  Municipalities permitting manufactured housing parks pursuant to subparagraph (b)(2)(A) shall afford reasonable and realistic opportunities for their development.  In order to provide such opportunities, lot size and overall density requirements for manufactured housing parks shall be reasonable and realistic.

(e)  Municipalities shall allow reasonable and realistic opportunities for the expansion of manufactured housing parks existing as of July 1, 2024.  For expansion of existing manufactured housing parks, municipalities shall not require standards stricter than NFPA 501A, “Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities”.

2024-1040h

AMENDED ANALYSIS

 

This bill requires municipalities that adopt land use control measures to provide reasonable and realistic opportunities for the siting of manufactured housing on individual lots and in manufactured housing parks and subdivisions within residential districts.  The bill also directs municipalities to provide reasonable and realistic opportunities for expansion of existing manufactured housing parks.