This bill introduces a new section to RSA 674, titled "Extraordinary Restrictions of Residential Property," which limits local authorities' ability to impose extraordinary restrictions on residential property development. Under this new provision, local legislative bodies can only adopt such restrictions if they are narrowly tailored to serve a compelling government interest related to public health or safety. The bill specifies that evidence, such as written findings, scientific studies, or other empirical data, may be relevant in determining whether a restriction meets this standard, but it is not necessarily conclusive. The bill defines "extraordinary restrictions" to include various requirements, such as minimum square footage, lot size, road frontage, and prohibitions on residential use in commercial zones.

Additionally, the bill stipulates that any extraordinary restriction on residential property cannot be enforced unless it complies with the new requirements. The effective date of this act is set for 180 days after passage. The fiscal impact of the bill is expected to result in indeterminable increases in county and local expenditures, potentially exceeding $10,000, due to the need for municipalities to update zoning ordinances and possibly hire staff or consultants. Conversely, local revenues may decrease due to limitations on fees for variance applications and building permits.

Statutes affected:
Introduced: 674:33