Amendment 2026-0998h to HB1681 (2026)

Relative to the definition, inspection, and local approval of tiny houses and yurts as innovative housing structures.


Revision: March 4, 2026, 4:43 p.m.

Rep. M. Aron, Sull. 8

Rep. Cole, Hills. 26

Rep. Post, Hills. 42

Rep. Rollins, Sull. 3

Rep. Grant, Sull. 5

Rep. Reinfurt, Hills. 29

March 3, 2026

2026-0998h

04/09

 

 

Amendment to HB 1681

 

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

 

1  New Subdivision; Innovative Housing Structures.  Amend RSA 674 by inserting after section 80 the following new subdivision:  

Innovative Housing Structures

674:81 Definitions.  

I. As used in this subdivision:  

(a) “Dwelling site” means the property where the innovative housing structure is or will be located when used as a dwelling unit.

(b) “Innovative housing structure” or “IHS” means a unique single residential unit such as a tiny house, tiny house on wheels, or a yurt.

(c)  “Off-site construction” means, for the purposes of this subdivision, any tiny house of closed construction, which is made or assembled in manufacturing  facilities off the building site, for installation, or assembly and installation, on the building site.  This definition shall not be construed to include any structure labeled in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, nor shall it include any recreational vehicle or park trailer as defined in American National Standards Institute A119.2, Standard for Recreational Vehicles, or American National Standards Institute A119.5, Standard for Park Trailers, or any building type not subject to the requirements of nationally recognized model building codes.

(d)  “Tiny house” means a detached building used or intended to be used for human habitation, providing permanent provisions for living, sleeping, eating, cooking and sanitation that:  

(1)  Is 600 square feet or less in floor area, excluding lofts;

(2)  Complies with the tiny home provisions of the state building code; and

(3)  Is constructed on a stable ground surface or foundation.

(e)  “Tiny house on wheels” or “THOW” means a tiny house built on a trailer chassis without motive power.  A THOW shall not be considered a camp trailer or recreational vehicle when constructed for human habitation.  

(e)  “Yurt” means, for the purposes of this subdivision, a style of tiny house that is a round or similar shape and is a freestanding structure modeled after traditional nomadic dwellings, constructed with contemporary materials and engineering for use as a permanent or long-term residence.  

674:82  Location and Use.  

I.  A municipality may permit an innovative housing structure to be placed or erected on an individual house lot where single-family dwellings are allowed, or to be used as an accessory dwelling unit pursuant to RSA 674:72, subject to all applicable land use requirements.

II.  Innovative housing structures shall be treated as single-family dwellings or accessory dwelling units for zoning purposes and shall meet all applicable state laws and regulations regarding drinking water supply and wastewater treatment and disposal.

674:83  Property Tax Assessment.  

I.  A municipality may assess and collect property tax for an innovative housing structure that:

(a)  Is affixed to the property, including by way of utility connection;

(b)  Is in a state of completeness or permanency;

(c)  Has been located on the property for more than 180 days.

II.  If an innovative housing structure is removed from the property, the property owner shall notify the municipality for reassessment purposes.

674:84  Transportation of Mobile Structures.

I.  If an innovative housing structure is permanently built on a flatbed trailer chassis for transportation to the dwelling site, and the trailer conforms to all vehicle trailer requirements for roadworthiness, the builder may use:  

(a)  A dealer plate; or

(b)  A temporary trailer plate issued by the department of motor vehicles.

II.  Such plates may be used to move the structure from the building site to the dwelling site or, if sold, from one dwelling site to another.  

2  New Section; New Hampshire Building Code; Innovative Housing Structure Construction Document.  Amend RSA 155-A by inserting after section 3-c the following new section:  

155-A:3-d  Innovative Housing Structure Construction Document Reviews and Inspections.  

I.  An innovative housing structure, as defined in RSA 674:81, constructed on the dwelling site shall comply with the state building code.

II.  Where the innovative housing structure is off-site construction, construction document review and inspection of the manufactured elements shall comply with either:  

(a)  Construction document review and inspection requirements of the state building code; or

(b)  Modular buildings pursuant to RSA 205-C.  

III.  If an innovative housing structure is off-site construction, construction document review and inspections may be performed by:  

(a)  The appointed building official in the New Hampshire municipality where the off-site construction facility is located, provided that the building official is certified as a residential building inspector by the International Code Council;

(b)  Another approved agency in accordance with the state building code building site; or

(c)  The state fire marshal or designee through the Modular Building program.

IV.  The off-site construction approval issued under this subdivision for the manufactured elements, if conforming to state building code, shall be accepted by the local building official at the dwelling site for purposes of issuing a certificate of occupancy.  

V.  A municipality at the dwelling site may review submittal documents and inspection for compliance with the New Hampshire state building code for project elements other than manufactured elements.

3  New Paragraph; Sewage Disposal Systems; Rulemaking.  Amend RSA 485-A:41 by inserting after paragraph V the following new paragraph:  

VI.  Adopt rules, pursuant to 541-A, regarding wastewater treatment and disposal for innovative housing structures as defined in 674:81.  

4  New Paragraph; Modular Building Standards; Rulemaking.  Amend RSA 205-C:4 by inserting after paragraph VII the following new paragraph:

VIII.  Application of ICC/MBI Standard 1200 and ICC/MBI Standard 1205.  

5  Amend RSA 205-C:1, XI to read as follows:

XI.  "Modular building" means any building of closed construction, which is made or assembled in manufacturing facilities off the building site, for installation, or assembly and installation, on the building site.  This definition shall not be construed to include any structure labeled in accordance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, nor shall it include single-wide structures under 750 square feet, provided that they are not for [residential or] classroom use, nor shall it include an innovative housing structure pursuant to RSA 674:81 unless the modular program is chosen by the applicant, nor shall it include any recreational vehicle or park trailer as defined in American National Standards Institute A119.2, Standard for Recreational Vehicles, or A119.5, Standard for Park Trailers, or any building type not subject to the requirements of nationally recognized model building codes.  

6  Building Code Review Board; State Building Code.  The New Hampshire state building code review board shall amend the state building code to reflect section 1 through 5 of this act.  

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

2026-0998h

AMENDED ANALYSIS

 

This bill establishes standards for innovative housing structures, including tiny houses, tiny houses on wheels, and yurts, authorizes their use as singlefamily or accessory dwellings, sets construction, inspection, and offsite manufacturing requirements, provides for municipal property tax assessment, regulates transportation, and directs related rulemaking under the state building code and wastewater and modular building statutes.