This bill introduces a new section to RSA 674, titled "Extraordinary Restrictions of Residential Property," which limits the ability of local legislative bodies to impose extraordinary restrictions on residential properties. Under this new provision, local authorities 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 considered in determining whether a restriction meets this standard, but such evidence is 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.

Additionally, the bill stipulates that any extraordinary restriction enacted must comply with the new requirements upon the effective date of the section, which is set to be 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, as municipalities may need to update zoning ordinances and possibly hire staff or consultants to review empirical evidence. Conversely, local revenues may decrease due to limitations on fees for variance applications and building permits. Overall, the bill aims to ensure that local regulations on residential properties are justified and supported by substantial evidence.

Statutes affected:
Introduced: 674:33