HB 1540 - AS AMENDED BY THE HOUSE
11Mar2026... 0951h
2026 SESSION
26-2743
06/07
HOUSE BILL 1540
AN ACT relative to municipal health ordinances and accessory dwelling units.
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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AMENDED ANALYSIS
This bill clarifies that municipalities retain authority to enforce local health ordinances related to septic safety and maintenance when regulating accessory dwelling units.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2026... 0951h 26-2743
06/07
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to municipal health ordinances and accessory dwelling units.
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. 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. Nothing in this section shall be interpreted to prohibit or restrict the adoption or enforcement of municipal health ordinances pursuant to RSA 147, related to the inspection, maintenance, upgrade, or replacement of subsurface sanitary disposal systems, or to ensure the safety and adequacy of subsurface sanitary disposal systems within the municipality. 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.
| Date | Amendment |
|---|---|
| March 4, 2026 | 2026-0951h |
| Date | Body | Type |
|---|---|---|
| Jan. 22, 2026 | House | Hearing |
| Jan. 22, 2026 | House | Hearing |
| March 3, 2026 | House | Exec Session |
| March 3, 2026 | House | Floor Vote |
March 17, 2026: Introduced 03/12/2026 and Referred to Commerce; SJ 7
March 11, 2026: Ought to Pass with Amendment 2026-0951h: MA VV 03/11/2026 HJ 7
March 11, 2026: Amendment # 2026-0951h: AA VV 03/11/2026 HJ 7
March 4, 2026: Committee Report: Ought to Pass with Amendment # 2026-0951h 03/03/2026 (Vote 17-0; CC) HC 10 P. 24
Feb. 17, 2026: Executive Session: 03/03/2026 10:00 am GP 231
Jan. 14, 2026: Public Hearing: 01/22/2026 01:30 pm GP 231
Jan. 8, 2026: Public Hearing: 01/22/2026 01:30 pm GP 231
Dec. 10, 2025: Introduced 01/07/2026 and referred to Housing HJ 1 P. 25