Revision: March 13, 2025, 2:38 p.m.
Senate Commerce
March 12, 2025
2025-0946s
07/05
Amendment to SB 170
Amend the title of the bill by replacing it with the following:
AN ACT relative to development and related requirements in cities, towns, and municipalities.
Amend the bill by replacing all after the enacting clause with the following:
1 Trade and Conduct; Fair Housing; Equal Housing Opportunity Without Discrimination a Civil Right. Amend RSA 354-A:8 to read as follows:
354-A:8 Equal Housing Opportunity Without Discrimination a Civil Right. The opportunity to obtain housing without discrimination because of age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability or national origin is hereby recognized and declared a civil right. In addition, no person shall be denied the benefit of the rights afforded by this section on account of that person's sexual orientation. Cities, towns, and municipalities shall not mandate that occupants of housing units be related by blood or marriage.
2 New Sections; Local Land Use Planning and Regulatory Powers; Prohibitions on Cities and Towns, and Municipalities. Amend RSA 674 by inserting after section 23 the following new sections:
674:23-a Prohibitions on Cities and Towns, and Municipalities. Notwithstanding any laws to the contrary:
I. Cities, towns, municipalities, and counties with unincorporated places shall not require more stringent test-pitting requirements for septic systems than the department of environmental services requires.
II. Cities, towns, and municipalities shall not require more stringent well-siting requirements than required by the department of environmental services.
III. Municipalities shall not limit maximum road length so as to impede development provided that the proposed roadway or extension thereof complies with the state fire code.
IV. Cities, towns, and municipalities shall not impose a cap on the number of housing lots on dead-end roads or streets.
V. Cities, towns, and municipalities shall permit utilities, including septic systems, wells, electric systems, drainage structures, and other utilities, to be placed in open spaces or perimeter buffers of subdivisions as applicable; provided that such open spaces or perimeter buffers are not wetlands or shoreland areas protected by RSA 483-B.
VI. Cities, towns, and municipalities shall stamp and accept changes to plans within 3 days as they are submitted, after an initial review, when requested by that city, town, or municipality, provided the developer has made the requested alterations based on the initial planning board review.
3 New Subparagraph; Purposes of Zoning Ordinances. Amend RSA 674:17, I by inserting after subparagraph (j) the following new subparagraph:
(k) To limit road frontage requirements and setbacks for lot lines to no more than 50 feet to improve housing density, ensuring these limitations are consistent with existing shoreland protection standards under RSA 483-B:9 and do not override environmental standards under RSA 489:2.
4 Effective Date. This act shall take effect July 1, 2026.
2025-0946s
AMENDED ANALYSIS
This bill:
I. Prohibits cities, towns, and municipalities from restricting certain development-related activities.
II. Requires cities, towns, and municipalities to allow for septic systems, wells, electric systems, drainage structures, and other utilities to be placed in open spaces or perimeter buffers of subdivisions.
III. Prohibits cities, towns, and municipalities from mandating that occupants of housing units be related by blood or marriage.
IV. Prohibits state agencies from blocking or delaying any proposed development due to reported sightings of rare plants or animals if such sightings occur more than 5 years after the date of the development application.
V. Adopts limits on road frontage requirements and setbacks for wetlands and lot lines to improve housing density, ensuring these requirements do not exceed 50 feet and are consistent with existing shoreland protection and environmental standards.