HB 1010 - AS AMENDED BY THE SENATE
19Feb2026... 0274h
05/14/2026 1712s
2026 SESSION
26-2305
06/05
HOUSE BILL 1010
AN ACT relative to multi-family residential development on commercially zoned land.
SPONSORS: Rep. Kuttab, Rock. 17; Rep. Mandelbaum, Rock. 21; Rep. Rhodes, Ches. 17; Sen. Birdsell, Dist 19
COMMITTEE: Housing
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AMENDED ANALYSIS
This bill:
I. Permits municipalities to allow multi-family dwelling units on commercially zoned land, subject to the local planning board confirming the infrastructure is adequate.
II. Authorizes the local planning board to deny applications to build multi-family dwelling units on commercially zoned land in certain circumstances.
III. Removes the ability for municipalities to provide an exception for requirements relative to the conversion of structures into multi-family dwelling units, and replaces such exception to permit the waiver of requirements so long as the converted dwelling unit is not altered to further violate zoning dimensional requirements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Feb2026... 0274h
05/14/2026 1712s 26-2305
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to multi-family residential development on commercially zoned land.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Multi-Family Residential Development on Commercially Zoned Land; Amendment to Zoning Regulations; Conversion of Multi-Family Dwelling Units Permitted. Amend RSA 674:80 to read as follows:
674:80 Amendment to Zoning Regulations.
I. Notwithstanding any provision to the contrary, municipalities shall allow by right multi-family [residential development] dwelling units, as defined in RSA 674:43, I on commercially zoned land, provided that adequate infrastructure, including roads, water, and sewage systems, shall be available [or provided] to support the development. Where infrastructure is not adequate it may be provided by the applicant in accordance with regulations. In determining whether infrastructure is adequate, the planning board may:
(a) For road infrastructure, require a traffic impact study to ascertain the potential impacts to the existing traffic conditions in the vicinity of the project, including but not limited to, the ability of existing road infrastructure to accommodate increased vehicular traffic, the availability of sidewalks, and infrastructure to ensure pedestrian safety.
(b) For water infrastructure, require that the applicant receive permission from the owner of a public water system to connect to the system or, in the absence of a public water system, develop a water supply in accordance with RSA 482-B and RSA 485 as applicable.
(c) For sewage infrastructure, require that the applicant receive permission from the operator of a public sewer within the boundary prescribed by RSA 147:8 or as negotiated between the applicant and operator to connect to the system.
II. The planning board may deny an application submitted pursuant to paragraph I, if the planning board determines that:
(a) The volume of traffic is not supported by the road design at the conclusion of construction, or the developments layout and design does not ensure pedestrian safety;
(b) The applicant is unable to secure a source of water; or
(c) The applicant is unable to dispose of wastewater and sewage in accordance with regulations.
III. Nothing in this section shall be interpreted to prohibit municipalities from restricting residential development in zones where industrial and manufacturing uses are permitted which may result in impacts that are incompatible with residential use, such as air, noise, dust, glare, vibration, odor, or transportation impacts.
[III.] IV. A municipality may require all available ground floor space or a percentage thereof to be dedicated to retail or similar uses.
[IV.] V. A municipality shall provide an exemption to any requirements regarding setbacks, height, or frontage of a building being converted to multi-family or mixed-use through adaptive reuse, provided that the building's floor area, height, and setbacks do not change.
2 Effective Date. This act shall take effect July 1, 2026 at 12:01 a.m.
| Date | Amendment |
|---|---|
| Feb. 10, 2026 | 2026-0274h |
| April 30, 2026 | 2026-1712s |
| May 14, 2026 | 2026-1907s |
| May 26, 2026 | 2026-2075CofC |
| Date | Body | Type |
|---|---|---|
| Jan. 13, 2026 | House | Hearing |
| Feb. 3, 2026 | House | Exec Session |
| Feb. 3, 2026 | House | Floor Vote |
| April 21, 2026 | Senate | Hearing |
| May 7, 2026 | Senate | Floor Vote |
| May 7, 2026 | Senate | Floor Vote |
| May 14, 2026 | Senate | Floor Vote |
| June 4, 2026 | Senate | Floor Vote |
June 2, 2026: Removed from Consent (Reps. Alexander Jr., Tom Mannion, Dumont, Giasson, Aures, DeVito, Granger, Wherry, Miles, Reinfurt) 06/02/2026 HJ 14
May 28, 2026: Conference Committee Report Filed, # 2026-2075c; 06/04/2026
May 22, 2026: Conferee Change: Rep. Presa Replaces Rep. Cole 05/22/2026 HJ 14
May 26, 2026: Conference Committee Meeting: 05/26/2026 10:00 am GP 230
May 20, 2026: President Appoints: Senators Innis, Murphy, Reardon; (In Recess 05/14/2026); SJ 13
May 20, 2026: Sen. Innis Accedes to House Request for Committee of Conference, MA, VV; (In recess 05/14/2026); SJ 13
May 18, 2026: Speaker Appoints: Reps. Alexander Jr., Cole, Kuttab, Hicks 05/14/2026 HJ 13
May 18, 2026: House Non-Concurs with Senate Amendment 2026-1712s and Requests CofC (Rep. Alexander Jr.): MA VV 05/14/2026 HJ 13
May 14, 2026: Ought to Pass with Amendment # 2026-1712s, MA, VV; OT3rdg; 05/14/2026; SJ 12
May 14, 2026: Sen. Perkins Kwoka Floor Amendment # 2026-1907s, RC 8Y-15N, AF; 05/14/2026; SJ 12
May 14, 2026: Committee Amendment # 2026-1712s, AA, VV; 05/14/2026; SJ 12
May 7, 2026: Committee Report: Ought to Pass with Amendment # 2026-1712s, 05/14/2026, Vote 5-0; SC 18
May 7, 2026: Special Order to 05/14/2026, Without Objection, MA; 05/07/2026 SJ 11
May 7, 2026: HB 1010 was Removed from the Consent Calendar; 05/07/2026; SJ 11
April 30, 2026: Committee Report: Ought to Pass with Amendment # 2026-1712s, 05/07/2026; Vote 5-0; CC; SC 17
April 16, 2026: Hearing: 04/21/2026, Room 100, SH, 09:30 am; SC 15
Feb. 25, 2026: Introduced 02/19/2026 and Referred to Commerce; SJ 5
Feb. 19, 2026: Ought to Pass with Amendment 2026-0274h: MA VV 02/19/2026 HJ 5 P. 21
Feb. 19, 2026: Amendment # 2026-0274h: AA VV 02/19/2026 HJ 5 P. 21
Feb. 10, 2026: Committee Report: Ought to Pass with Amendment # 2026-0274h (NT) 02/03/2026 (Vote 17-0; CC) HC 7 P. 14
Jan. 28, 2026: Executive Session: 02/03/2026 10:00 am GP 231
Jan. 8, 2026: Public Hearing: 01/13/2026 01:30 pm GP 231
Nov. 7, 2025: Introduced 01/07/2026 and referred to Housing HJ 1 P. 2