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. Under this new provision, 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 considered relevant 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 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 decreases in county and local revenues, alongside potential increases in expenditures related to updating zoning ordinances and legal disputes over the enforcement of restrictions. The estimated costs for municipalities could range from less than $10,000 to over $100,000, depending on the size of the municipality and the volume of disputes.

Statutes affected:
Introduced: 674:33