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Bill > HB410


NH HB410

NH HB410
Limiting local authority to adopt restrictions on the building and development of residential properties.


summary

Introduced
01/10/2025
In Committee
11/03/2025
Crossed Over
03/27/2025
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

This bill prohibits the local adoption of extraordinary restrictions on residential property unless the restriction is narrowly tailored to serve a compelling government interest in public health or safety.

AI Summary

This bill, titled "Limiting local authority to adopt restrictions on the building and development of residential properties," proposes to amend existing law by adding a new section that restricts local governments from enacting "extraordinary restrictions of residential property" unless these restrictions are narrowly tailored to serve a compelling government interest in public health or safety, and are supported by evidence such as written findings of fact or scientific studies. An "extraordinary restriction of residential property" is defined as an ordinance or regulation that includes specific limitations such as minimum dwelling square footage exceeding 200 square feet or state building code requirements, lot size requirements over 5 gross acres per dwelling (or 0.5 acres if served by municipal water and sewer), road frontage requirements over 200 feet per dwelling (or 50 feet with municipal water and sewer), prohibitions on residential use in commercially zoned areas, restrictions on in-home businesses in residential zones (unless they violate noise, pollution, garbage, or light ordinances), restrictions on whether a dwelling is built on or off-site, or local amendments to state building or fire codes for small residential buildings. The bill specifies that any existing extraordinary restrictions will not be enforced after its effective date unless they meet these new requirements.

Committee Categories

Business and Industry, Housing and Urban Affairs

Sponsors (1)

Last Action

Refer to Interim Study, Motion Adopted, Voice Vote; 01/07/2026; Senate Journal 1 (on 01/07/2026)

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