This bill introduces a new section to RSA 674, titled "Extraordinary Restrictions of Residential Property," which mandates that local legislative bodies must provide empirical, scientific evidence from non-partisan sources to justify any extraordinary restrictions on residential properties. Such restrictions can only be adopted if they are deemed necessary for the health or safety of the community. The bill defines "extraordinary restrictions" to include various limitations, such as excessive minimum square footage requirements, lot size requirements above five acres, and fees on variance applications exceeding $100 for certain property owners. Additionally, it establishes an appeals process allowing aggrieved individuals to contest the legislative body's findings before the zoning board of adjustment, which must stay any enforcement actions pending the appeal's resolution.

Furthermore, the bill amends RSA 674:33 to grant the zoning board of adjustment the authority to assess whether the evidence used by the legislative body meets the required standards of empirical evidence and supports the findings by a preponderance. The bill is expected to have indeterminable fiscal impacts on local municipalities, potentially increasing expenditures related to amending zoning ordinances and hiring necessary staff or consultants. It may also affect local revenue due to caps on fees for variance applications and building permits, as well as costs associated with public health considerations related to camping restrictions. The act will take effect 60 days after its passage.

Statutes affected:
Introduced: 674:33