Bill Text - HB1759 (2026)

Relative to the disqualification of a member of a local land use board.


Revision: Dec. 17, 2025, 8:44 a.m.

HB 1759  - AS INTRODUCED

 

 

2026 SESSION

26-2741

06/05

 

HOUSE BILL 1759

 

AN ACT relative to the disqualification of a member of a local land use board.

 

SPONSORS: Rep. Fracht, Graf. 16; Rep. Aylward, Merr. 5; Rep. Pauer, Hills. 36

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill makes a land use board’s vote on whether a member should be disqualified binding rather than advisory, requiring recusal if a majority finds disqualification is warranted.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-2741

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to the disqualification of a member of a local land use board.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Disqualification of Member.  Amend RSA 673:14, II to read as follows:  

II. When uncertainty arises as to the application of paragraph I to a board member in particular circumstances, the board shall, upon the request of that member or another member of the board, vote on the question of whether that member should be disqualified. A simple majority shall be considered evidence of an affirmative vote and the member shall not participate in the pending matter. In the event of a tie, the member shall be allowed to participate.  Any such request and vote shall be made prior to or at the commencement of any required public hearing. Such a vote shall be [advisory and non-binding] binding, and may not be requested by persons other than board members, except as provided by local ordinance or by a procedural rule adopted under RSA 676:1.

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