Housing is a Hot Legislative Topic at the Statehouse
- January 21, 2020
- Housing
While many housing and land use decisions are made at the local level, state-level legislation plays an important role in influencing the shape of municipal ordinance. Without enabling state legislation, towns and cities in NH often lack the authority to implement novel policies not addressed in state law. State legislation can also provide an important policy mechanism for addressing issues like housing that span municipal boundaries.
Below is a roundup of some of the housing bills being considered during the 2020-2021 legislative session. If you’re interested in discussing and organizing around any of the bills below, you might be interested in joining the Monadnock Housing Roundtable, which serves as a forum for discussing housing issues, including state-level policy.
- HB 72 – Relative to ratification of amendments to the state building code and state fire code.
- Key points: Ratifies amendments to the state building code approved by the State Building Code Review Board and codified in BCR 300, with the exception of Exhibits RE-15-35-18 and RE-15-36-18. BCR 308 includes amendments to the International Residential Code.
- Sponsors: Rep. McGuire, Merr. 29; Rep. McWilliams, Merr. 27; Rep. Pitre, Straf. 2; Rep. Edwards, Rock. 4; Rep. Pearl, Merr. 26; Rep. True, Rock. 4; Rep. T. Lekas, Hills. 37; Rep. Ankarberg, Straf. 10; Rep. DeLemus, Straf. 24; Rep. Mason, Merr. 2
- HB 132 – Relative to acreage required to build certain single-family housing.
- Key points: Prohibits single-family zoning from requiring a minimum lot size greater than a half-acre for housing not served by well water or “black water” septic tanks.
- Sponsors: Rep. Yokela, Rock. 33; Rep. McWilliams, Merr. 27.
- HB 154 – relative to community revitalization tax relief incentives.
- Key points: Extends the Community Revitalization Tax Relief Incentive to housing development in municipalities that have adopted the provisions under RSA 79-E.
- Sponsors: Rep. Conley, Straf. 13; Rep. Vann, Hills. 24; Rep. Grassie, Straf. 11; Rep. Andrew Bouldin, Hills. 12; Rep. Cleaver, Hills. 35; Sen. Watters, Dist 4.
- HB 189 – Relative to accessory dwelling units.
- Key points: Increases the number of accessory dwelling units allowed in single-family zoning districts from one to three.
- Sponsors: Rep. Vann, Hills. 24; Rep. Caplan, Merr. 6; Rep. Conley, Straf. 13.
- HB 288 – Eliminating the housing appeals board.
- Key points: Repeals the state’s housing appeals board, which provides an alternative process to the Superior Court for settling disputes between developers and municipalities. The board was created through legislation passed during the 2019-2020 session and began accepting appeals in January of 2020.
- Sponsors: Rep. Abbas, Rock. 8; Rep. Roy, Rock. 32; Sen. Birdsell, Dist 19; Rep. Gould, Hills. 7; Rep. Kelsey, Hills. 7.
- HB 377 – Relative to the authority of the state fire marshal to grant an exemption from fire code requirements to recovery houses.
- Key points: Allows operators of recovery houses in good standing to apply for certain exceptions to the state fire code.
- Sponsors: Rep. Connors, Hills. 15; Rep. Cornell, Hills. 18; Rep. Goley, Hills. 8; Rep. Snow, Hills. 19; Sen. D’Allesandro, Dist 20.
- HB 341 – relative to permissible residential units in a residential zone.
- Key points: Requires municipalities to permit by right a variety of housing configurations in residential zoning districts served by to municipal water and sewer service or that can be connected to such service. Permittable configurations include a single 4-unit building, 2 duplex units, 4 single units, one duplex unit with 2 accessory dwelling units, 4 townhouses, or one single family house with 3 accessory dwelling units.
- Sponsors: Rep. Vann, Hills. 24; Rep. Conley, Straf. 13; Rep. Caplan, Merr. 6; Rep. McWilliams, Merr. 27
- HB 586 – Relative to training and procedures for zoning and planning boards and relative to financial investments and incentives for affordable housing development.
- Key points: Charges the NH Office of Strategic initiatives with developing training materials for planning and zoning board members (participation in training is optional); mandates that local zoning incentives for senior housing must also be extended to workforce housing; requires that inclusionary zoning ordinance do not impact the “economic viability” of housing developments in comparison with developments that do not mandate housing affordability; extends the period of tax relief available to housing developments under RSA 79-E; makes various modifications to planning board procedures; grants authority to communities who have adopted a Municipal Economic Development and Revitalization District (RSA 162-K) to acquire real property through eminent domain for purposes of residential development; establishes a voluntary Housing Champion Certification Program for towns and cities.
- Sponsors: Rep. Alexander Jr., Hills. 6; Rep. Lascelles, Hills. 20; Rep. Burroughs, Carr. 1; Rep. Umberger, Carr. 2; Rep. Griffith, Hills. 18; Sen. Hennessey, Dist 1; Sen. Perkins Kwoka, Dist 21.
- HB 503 – Establishing a New Hampshire commission on homelessness.
- Key points: Establishes a commission on homelessness, with members including state legislators, local officials, representatives of non-profit-organizations, federal agency designees, and others. The commission would be charged with submitting an interim report by November 1, 2021, with legislative recommendations.
- Sponsors: Rep. Long, Hills. 10; Rep. Wilhelm, Hills. 42
- HB 512 – relative to emergency housing assistance.
- Key points: Prohibits municipalities from requiring a housing code inspection as a condition of emergency housing assistance.
- Sponsors: Rep. Conley, Straf. 13; Sen. Perkins Kwoka, Dist 21
- HB 588 – Relative to building codes for tiny houses.
- Key points: Defines a tiny house as a structure built either on a permanent foundation or chassis suitable for travel on public roadways; permits tiny houses by right in any single-family zoning district; permits tiny houses in any zoning district where detached accessory dwelling units (ADUs) are permitted; mandates that all municipal and state building codes for single-family homes shall apply to tiny houses; mandates that local zoning provide for “tiny house parks.”
- Sponsors: Rep. Testerman, Merr. 2; Rep. Maggiore, Rock. 22; Rep. Mason, Merr. 2.
