Bill > HB410

This bill introduces new restrictions on how local legislative bodies can regulate residential property development by requiring them to base any "extraordinary restrictions" on empirical, scientific evidence from non-partisan sources. Specifically, the bill defines "extraordinary restrictions" as zoning ordinances that impose significant limitations on residential property, such as minimum dwelling size requirements over 200 square feet, lot size requirements above 5 acres per unit, restrictions on residential use in commercial zones, limitations on in-home businesses, local building code amendments, high variance application fees, and limitations on camping on one's own property. The bill allows property owners to appeal such restrictions to the Zoning Board of Adjustment (ZBA) if they believe the evidence does not support the restrictions or does not meet the bill's requirements. The ZBA would have the authority to review the empirical evidence and stay the implementation of the contested ordinance pending resolution of the appeal. The legislation aims to provide property owners with more protection against what it considers overly restrictive local zoning regulations, ensuring that any significant restrictions are directly necessary for community health or safety and backed by credible scientific evidence. The bill will take effect 60 days after its passage and may potentially increase municipal expenditures related to reviewing and amending zoning ordinances.

Business and Industry, Housing and Urban Affairs

https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=0878&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=HB410