Bill Text - HB1361 (2024)

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


Revision: April 18, 2024, 10:33 a.m.

HB 1361 - VERSION ADOPTED BY BOTH BODIES

 

28Mar2024... 1040h

2024 SESSION

24-2226

05/10

 

HOUSE BILL 1361

 

AN ACT relative to municipal land use regulation for manufactured housing and subdivisions.

 

SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Seidel, Hills. 29; Rep. Baroody, Hills. 39; Rep. Read, Rock. 10; Rep. McConkey, Carr. 8; Rep. Yokela, Rock. 32; Rep. DiLorenzo, Rock. 10; Rep. Wallace, Rock. 8; Rep. Damon, Sull. 8; Rep. Gibbs, Merr. 23; Sen. Perkins Kwoka, Dist 21

 

COMMITTEE: Special Committee on Housing

 

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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.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2024... 1040h 24-2226

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to municipal land use regulation for manufactured housing and subdivisions.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

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  RSA 674:32, I is repealed and reenacted to read as follows: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”.

2  Effective Date.  This act shall take effect 60 days after its passage.