This bill amends the definition of accessory dwelling units (ADUs) to permit their construction within nonconforming structures, thereby expanding the opportunities for homeowners to utilize existing buildings for additional living space. Specifically, it modifies the definitions of "attached unit" and "detached unit" in RSA 674:71, removing the requirement that these units be "physically connected" to the principal dwelling and allowing for more flexibility in their placement. The bill also stipulates that municipalities must allow ADUs to be converted from existing structures, including detached garages, regardless of whether these structures meet current dimensional requirements for setbacks or lot coverage.

Additionally, the bill introduces new provisions regarding the status of existing structures. It defines "existing structure" as any structure in place before July 1, 2025, and outlines conditions under which municipalities can determine eligibility for placing an ADU within such structures. These conditions include demonstrating that the structure is a preexisting, nonconforming structure or has received prior zoning approval. Furthermore, the bill ensures that converting an existing structure into an ADU will not change its use status, thus preserving its nonconforming status under local zoning regulations. The act is set to take effect 60 days after its passage.

Statutes affected:
Introduced: 674:71, 674:72, 674:73
As Amended by the House: 674:71, 674:72, 674:73
As Amended by the Senate: 674:71, 674:72
Version adopted by both bodies: 674:71, 674:72
CHAPTERED FINAL VERSION: 674:71, 674:72
HB1079 text: 674:71, 674:72