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 properties. According to the bill, local legislative bodies can only adopt such restrictions if they are narrowly tailored to serve a compelling government interest in 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 they are not necessarily conclusive. The bill defines "extraordinary restrictions" to include various regulations, such as minimum square footage requirements, lot size requirements, road frontage requirements, and prohibitions on residential use in commercial zones.

The bill also stipulates that any extraordinary restriction enacted must comply with the new requirements to be enforceable. The effective date of the act is set for 180 days after passage. Additionally, the fiscal note indicates that the bill may lead to indeterminable increases in county and local expenditures due to potential legal disputes and the need for municipalities to update zoning ordinances, which could require hiring additional staff or consultants. Conversely, local revenue may decrease due to limitations on fees for variance applications and building permits.

Statutes affected:
Introduced: 674:33