Amendment 2025-1639h to SB174 (2025)

Prohibiting planning boards from considering the number of bedrooms a given unit or development has during the hearing and approval process.


Revision: May 6, 2025, 2:46 p.m.

Rep. Howland, Straf. 20

April 16, 2025

2025-1639h

07/05

 

 

Amendment to SB 174

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  New Subdivision; Prohibiting Differentiation Based on the Number of Bedrooms.  Amend RSA 674 by inserting after section 76 the following new subdivision:

Prohibiting Differentiation Based on the Number of Bedrooms

674:77 Definitions. In this subdivision:

I. "Residential development" means any housing project that includes one or more dwelling units, regardless of whether they are intended for rent or purchase.

II.  "Bedroom" means a furnished room with a bed intended primarily for sleeping purposes, unless otherwise specified by local regulations.

674:78 Prohibition on Differentiation Based on Number of Bedrooms.  If a residential development proposal makes adequate provision for water supply and sewage disposal in accordance with RSA 485-A and if applicable, the planning board’s site plan review regulations or subdivision regulations, planning boards may not use the number of bedrooms as cause or criteria to reject the application. Nothing in this section shall be construed to affect the department of environmental services regulations for individual sewage disposal systems. Nothing in this section shall prevent the authority having jurisdiction or building inspector from taking the number of bedrooms into account when determining whether a residential development has adequate water and sewage disposal capacity in conformance with RSA 485-A prior to issuance of a building permit or occupancy permit in accordance with 676:13, I.

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