Amendment 2026-1720s to HB1588 (2026)

(New Title) relative to the regulation of accessory parking for vehicles by local legislative bodies and multifamily housing within commercial districts by municipalities.


Revision: April 28, 2026, 2:36 p.m.

Senate Commerce

April 28, 2026

2026-1720s

07/09

 

 

Amendment to HB 1588-FN

 

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

 

AN ACT relative to the regulation of accessory parking for vehicles by local legislative bodies and multifamily housing within commercial districts by municipalities.

 

Amend the bill by replacing all after the enacting clause with the following:  

 

1  Zoning; Grant of Power; Parking Ordinances.  Amend RSA 674:16, VII to read as follows:  

VII.  In its exercise of the powers granted under this subdivision, the local legislative body of a city, town, or county in which there are located unincorporated towns or unorganized places may regulate accessory parking for vehicles, but shall not require more than one residential parking space per unit or require that the parking space per unit be garaged.

2  Multi-Family Residential Development on Commercially Zoned Land; Amendment to Zoning Regulations; Conversion of Multi-Family Dwelling Units Permitted.  Amend RSA 674:80, IV to read as follows:  

IV. 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] shall not impose additional requirements for multifamily housing proposed to be located within commercial districts in existence as of July 1, 2026, or expanded or created after that date, beyond those specifically allowed under this section, except for frontage, setbacks, and height requirements; provided that such requirements shall not differ from what is allowed for commercial development.

V.  A municipality shall allow pre-existing nonconforming structures to be converted to multi-family dwelling units or mixed use provided that the structure’s envelope is not altered to further violate zoning district dimensional requirements.  

VI.  Any owner of commercially-zoned property improperly denied an application for multi-family housing, or who is subjected to requirements beyond those allowed in this section, and who is thereby required to file suit against the municipality in order to exercise the property rights thus recognized, shall be entitled to be reimbursed reasonable attorney's fees incurred as a direct result.

3  Effective Date.  This act shall take effect 60 days after its passage.

2026-1720s

AMENDED ANALYSIS

 

This bill:

 

I.  Allows local legislative bodies to regulate accessory parking for vehicles so long as they do not require that the parking space per unit be garaged.

 

II.  Prevents municipalities from imposing additional requirements for multifamily housing within commercial districts in existence as of July 1, 2026, with some exceptions.