This bill modifies the existing laws regarding Accessory Dwelling Units (ADUs) by expanding their definition and allowing for detached units to be constructed by right. The bill amends RSA 674:71 to include new definitions for "attached unit" and "detached unit," clarifying that ADUs can be located on the same lot as a single-family dwelling and may provide independent living facilities. It also increases the maximum allowable square footage for ADUs, stipulating that they cannot exceed 950 square feet unless authorized by the municipality, and cannot be restricted to less than 750 square feet. Additionally, the bill repeals and reenacts RSA 674:72, which outlines the conditions under which municipalities must permit ADUs, including the requirement that one ADU be allowed as a matter of right in all zoning districts that permit single-family dwellings.

Furthermore, the bill mandates that municipalities shall permit one detached accessory dwelling unit, as opposed to the previous language that stated they were not required to do so. It also includes provisions that municipalities may not impose more stringent requirements on ADUs than on single-family homes, and it allows for the conversion of existing structures into ADUs regardless of current dimensional requirements. The bill emphasizes that municipalities cannot deny separate electrical service for ADUs and may not require a familial relationship between occupants of the principal dwelling and the ADU. The act is set to take effect on July 1, 2025.

Statutes affected:
Introduced: 674:71, 674:73
As Amended by the House: 674:71, 674:73
Version adopted by both bodies: 674:71, 674:73
CHAPTERED FINAL VERSION: 674:71, 674:73