Revision: Jan. 9, 2025, 3:56 p.m.
HB 382 - AS INTRODUCED
2025 SESSION
25-0888
09/05
HOUSE BILL 382
AN ACT removing authority for municipalities to regulate mandatory on-site parking requirements.
SPONSORS: Rep. Sweeney, Rock. 25; Rep. Alexander Jr., Hills. 29; Rep. Berry, Hills. 44; Rep. Grill, Hills. 18; Rep. A. Murray, Hills. 20; Rep. Osborne, Rock. 2
COMMITTEE: Housing
-----------------------------------------------------------------
ANALYSIS
This bill eliminates the authority of municipalities to adopt or enforce regulations that mandate minimum parking requirements.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0888
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT removing authority for municipalities to regulate mandatory on-site parking requirements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. To promote flexibility in land use, encourage sustainable development, and reduce barriers to housing and economic growth, this act eliminates the authority of municipalities to adopt or enforce regulations that mandate minimum parking requirements.
2 Local Land Use Planning and Regulatory Powers; Zoning; Grant of Power. Amend RSA 674:16, II to read as follows:
II. The power to adopt a zoning ordinance under this subdivision expressly includes the power to adopt innovative land use controls, except for parking standards, which may include, but which are not limited to, the methods contained in RSA 674:21.
3 Local Land Use Planning and Regulatory Powers; Zoning; Grant of Power. Amend RSA 674:16, VII to read as follows:
VII. [In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate accessory parking for vehicles, but shall not require more than 1.5 residential parking spaces per unit for studio and one bedroom units under 1000 square feet that meet the requirements for workforce housing under RSA 674:58, IV, and shall not require more than 1.5 residential parking spaces per unit for multi-family developments of 10 units or more.] Notwithstanding any provision of this chapter, municipalities shall not adopt or enforce any ordinance, regulation, or provision requiring a minimum number of off-street parking spaces for any land use or development. This limitation shall apply to all zoning ordinances and land use regulations under this chapter.
4 New Paragraph; Zoning; Innovative Land Use Controls. Amend RSA 674:21 by inserting after section II the following new paragraph:
II-a. Nothing in this section shall be interpreted to authorize municipalities to regulate or require minimum parking standards or enforce parking minimums for any land use.
5 New Paragraph; Site Plans; Site Plan Review Regulations. Amend RSA 674:44 by inserting after paragraph III the following new paragraph:
III-a. Planning boards shall not impose parking minimum requirements as a condition of site plan review for any non-residential or multi-family residential development.
6 Repeal. RSA 674:16-a, relative to on-site parking requirements, is repealed.
7 Applicability. All municipal ordinances, bylaws, or regulations in effect as of the effective date of this act that impose parking minimums are hereby declared null and void.
8 Effective Date. This act shall take effect 60 days after its passage.