HB 459-FN - AS INTRODUCED
2025 SESSION
25-0883
11/09
HOUSE BILL 459-FN
SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Berry, Hills. 44; Rep. Granger, Straf. 2; Rep. Grill, Hills. 18; Rep. Long, Hills. 26; Rep. D. McGuire, Merr. 14; Rep. A. Murray, Hills. 20; Rep. Sweeney, Rock. 25; Sen. McConkey, Dist 3; Sen. Murphy, Dist 16; Sen. Reardon, Dist 15
COMMITTEE: Housing
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ANALYSIS
This bill prohibits zoning ordinances regarding single-family residential uses from requiring larger acreage sizes than are necessary for community health and safety, given sewer infrastructure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0883
11/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Single Family Housing Acreage. Amend RSA 674 by inserting after section 16-a the following new section:
674:16-b Single Family Housing Acreage.
I. In a majority of land area that is zoned to permit single-family residential uses in a municipality, for lots not serviced by municipal or community sewer infrastructure, no ordinance shall require lot sizes for single-family residential uses larger than is required by the department of environmental services for individual sewage disposal systems pursuant to RSA 485-A and chapter Env-Wq 1000, unless the municipality provides empirical evidence that the health or safety of the community will be meaningfully impacted without the ability to require larger lot sizes. ?In determining what constitutes a majority of land area zoned for residential uses, the municipality may include areas serviced by municipal sewer infrastructure.
II. For lots serviced by municipal or community sewer infrastructure, no ordinance shall require lot sizes greater than 22,000 square feet for single-family residential uses, provided there is adequate sewage system capacity to accommodate development on such lots, unless the municipality provides empirical evidence that the health or safety of the community will be meaningfully impacted without the ability to require larger lot sizes.
III. ?The requirements in paragraphs I and II shall not be construed to limit the potential for development of lots created prior to July 1, 2025.
IV. Nothing in this section shall be construed so as to override or supersede applicable municipal zoning regulations unrelated to minimum lot sizes.
2 Effective Date. This act shall take effect July 1, 2025.
25-0883
1/2/25
HB 459-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
| ||||
Estimated Political Subdivision Impact | ||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 |
County Revenue | $0 | $0 | $0 | $0 |
County Expenditures | $0 | $0 | $0 | $0 |
Local Revenue | $0 | $0 | $0 | $0 |
Local Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill prohibits zoning ordinances regarding single-family residential uses from requiring larger acreage sizes than are necessary for community health and safety, given sewer infrastructure.
The New Hampshire Municipal Association states that there will be indeterminable municipal costs associated with amending local zoning ordinances; determining what constitutes a majority of the land area zoned for residential use, and determining whether the sewer system has adequate capacity as outlined in the bill. Additionally, there will be costs for municipalities in gathering empirical evidence to contest the lot size requirement.
AGENCIES CONTACTED:
New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Feb. 4, 2025 | House | Hearing |
Jan. 29, 2025: Public Hearing: 02/04/2025 01:00 pm LOB 305
Jan. 10, 2025: Introduced (in recess of) 01/09/2025 and referred to Housing HJ 3