HB 1540 - AS INTRODUCED
2026 SESSION
26-2743
06/07
HOUSE BILL 1540
SPONSORS: Rep. Fracht, Graf. 16; Rep. Rung, Hills. 12; Rep. Howland, Straf. 20; Rep. Maggiore, Rock. 23; Rep. J. MacDonald, Carr. 6; Rep. Ebel, Merr. 7; Rep. Grote, Rock. 24; Rep. N. Murphy, Hills. 12
COMMITTEE: Housing
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ANALYSIS
This bill limits the by-right allowance of accessory dwelling units within the protected shoreland and clarifies that municipalities may permit detached units in those areas at their discretion.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2743
06/07
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Accessory Dwelling Units. Amend RSA 674:72, I to read as follows:
I. A municipality that adopts a zoning ordinance pursuant to the authority granted in this chapter shall allow accessory dwelling units in all zoning districts that permit single-family dwellings. Except in the protected shoreland district, one accessory dwelling unit, which may be either attached or detached, shall be allowed as a matter of right. The municipality shall allow one accessory dwelling unit without additional requirements for lot size, except as described by this section, setbacks, aesthetic requirements, design review requirements, frontage, space limitations, or other controls beyond what would be required for a single-family dwelling without an accessory dwelling unit. The municipality may not impose greater requirements for a septic system for a single-family home with an accessory dwelling unit than is required by the department of environmental services. The municipality is not required to allow more than one accessory dwelling unit for any single-family dwelling. The municipality may prohibit accessory dwelling units associated with multiple single-family dwellings attached to each other, such as townhouses. The municipality may prohibit accessory dwelling units associated with rented or leased land. Subsequent condominium conveyance of any accessory dwelling unit separate from that of the principal dwelling unit shall be prohibited, notwithstanding the provisions of RSA 356-B:5, unless allowed by the municipality.
I-a. Within the protected shoreland as defined in RSA 483-B:4, XV, the accessory dwelling unit shall be allowed as a matter of right or by either conditional use permit pursuant to RSA 674:21 or by special exception. A municipality is not required to, but may permit, detached accessory dwelling units in the protected shoreland, provided the detached units comply with the requirements of, and any municipal ordinances or regulations adopted pursuant to this chapter or any other applicable chapter of law.
2 Detached Accessory Dwelling Units. Amend RSA 674:73 to read as follows:
674:73 Detached Accessory Dwelling Units. Except within the protected shoreland, as defined in RSA 483-B:4, XV, a municipality shall permit one detached accessory dwelling unit. Detached accessory dwelling units shall comply with the requirements of, and any municipal ordinances or regulations adopted pursuant to, RSA 674:72, I and I-a, and IV through IX.
| Date | Body | Type |
|---|---|---|
| Jan. 22, 2026 | House | Hearing |
Jan. 8, 2026: Public Hearing: 01/22/2026 01:30 pm GP 231
Dec. 10, 2025: Introduced 01/07/2026 and referred to Housing