Amendment 2026-0496h to HB1098 (2026)

Relative to municipalities denying building or occupancy permits for property adjacent to class VI roads under certain circumstances.


Revision: Feb. 3, 2026, 10:47 a.m.

Rep. Parshall, Ches. 8

February 3, 2026

2026-0496h

04/09

 

 

Floor Amendment to HB 1098

 

Amend the title of the bill by replacing it with the following:  

 

AN ACT relative to fire code compliance for building permits on class VI highways.

 

Amend the bill by replacing section 1 with the following:  

 

1  Planning and Zoning; Local Land Use Planning and Regulatory Powers; Erection of Buildings on Streets.  Amend RSA 674:41, I(c) to read as follows:  

(c) Is a class VI highway, provided that the applicant:

(1) Signs a liability waiver acknowledging that the:

(A) Municipality shall not maintain the highway nor provide any services to any lot accessible by the highway;

(B) Municipality shall not accept any responsibility for losses or damages caused by a lack of services; and

(C) Responsibility for such services falls solely on the applicant; and

(2) Prior to the issuance of a building permit, produces evidence that this waiver has been recorded in the county register of deeds; and

(3) Prior to the issuance of a building permit, proves the lot and any buildings thereon are insurable; [or] and

(4)  The local governing body may, after input from the municipality’s building official or fire chief, or a combination of both, require the applicant to upgrade the class VI highway to meet the requirements of the state fire code.  For the purposes of this section, the municipality’s building official or fire chief, or a combination of both, shall determine if the class VI highway meets the state fire code prior to the issuance of a building permit or the erection of a structure.  

2026-0496h

AMENDED ANALYSIS

 

This bill allows municipalities to require class VI highway upgrades to meet state fire code.