Revision: March 4, 2026, 2:41 p.m.
Rep. Howland, Straf. 20
February 18, 2026
2026-0823h
04/09
Amendment to HB 1079
Amend the bill by replacing section 2 with the following:
2 Accessory Dwelling Unit; Existing Structures. Amend RSA 674:72, XI to read as follows:
XI. A municipality shall allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, regardless of whether such structures violate current dimensional requirements for setbacks or lot coverage.
(a) For the purposes of this section, "existing structure" means a structure existing on or before July 1, 2025, including detached garages, regardless of whether such structures violate current dimensional requirements for setbacks or lot coverage. Any structure containing an accessory dwelling unit approved and built after July 1, 2025 shall receive protection from future zoning changes in accordance with RSA 674:39, II provided the structure meets the time periods for reaching active and substantial development in RSA 674:39, I(a) and substantial completion in RSA 674:39, I.
(b) If an existing structure does not comply with current dimensional requirements for setbacks and lot coverage, a municipality may determine eligibility for placement of an accessory dwelling unit within an existing structure by requiring the applicant for the building permit to demonstrate either:
(1) The existing structure qualifies as a preexisting, nonconforming structure exempt from the currently applicable dimensional requirements for setbacks and lot coverage in accordance with RSA 674:19 or any local zoning regulation protecting non-conforming structures; or
(2) The existing structure received a prior zoning approval or determination that it was exempt from the current dimensional requirements for setbacks and lot coverage.
(c) An existing structure converted to an accessory dwelling unit, shall not constitute a change of use under RSA 674:19 or any local zoning regulations, which would cause the existing structure to lose its status as a preexisting non-conforming structure.