The bill, HB 1136, amends existing laws regarding accessory dwelling units (ADUs) to enhance municipal flexibility in their regulation and approval. Key provisions include allowing municipalities to authorize ADUs as a matter of right, through conditional use permits, or by special exception, and permitting more than one ADU per single-family dwelling. If a zoning ordinance does not address ADUs, one unit will be automatically permitted, subject only to necessary building permits. The bill expands ingress and egress standards for all ADUs, prohibits municipalities from limiting access methods, and allows local septic pumping ordinances while maintaining the prohibition on requiring separate systems for principal and accessory units. Additionally, it affirms municipal authority to require owner occupancy of one unit without specifying which, and distinguishes between attached and detached ADUs for aesthetic regulations and size limits.

Significant changes include the removal of restrictions on the maximum size of attached ADUs, allowing municipalities to set minimum and maximum size requirements (minimum 750 square feet, maximum 950 square feet unless otherwise authorized). Municipalities may apply aesthetic standards to detached ADUs only if similar standards are applied to the principal dwelling. The bill also introduces the possibility for municipalities to require a familial relationship between occupants of the ADU and the principal dwelling, and it mandates that properties with ADUs meet specific definitions related to workforce housing. The existing law limiting the number of bedrooms in an ADU has been removed, and the bill repeals RSA 674:73, which previously addressed detached ADUs. These changes are set to take effect on July 1, 2026.

Statutes affected:
Introduced: 674:71, 674:72, 674:73
HB1136 text: 674:71, 674:72