This bill mandates that family and group family child care programs be permitted as an accessory use to any primary residential use under local zoning and planning regulations. It repeals and reenacts RSA 672:1, V-a to emphasize that the establishment of safe and affordable child care is in the public interest and vital for the community and the state of New Hampshire. The bill specifies that family or group family child care should be allowed without being subject to local site plan review regulations in any residential zone, provided that all requirements set by the department of health and human services are met.

Additionally, the bill amends RSA 674:16 by adding a new paragraph that reinforces the allowance of home-based care (family care and group family care) as an accessory use to any primary residential use. It also states that such child care facilities should not be subject to local site plan review in any zone where a primary residential use is permitted. The bill allows an applicant to begin operation of a home-based child care facility while a conditional use permit is pending, as long as all health and human services department requirements are met. The act is set to take effect 60 days after its passage, with an effective date of September 24, 2024.

Statutes affected:
Introduced: 674:16
As Amended by the Senate: 674:16
Version adopted by both bodies: 674:16
CHAPTERED FINAL VERSION: 674:16