This bill amends the definition of accessory dwelling units (ADUs) to permit their construction within nonconforming structures. Specifically, it modifies RSA 674:71 by changing the term "physically connected" to "attached" in the definition of "attached unit." Additionally, it clarifies that a "detached unit" is one that is neither within nor physically connected to the principal dwelling unit. The bill also introduces new provisions under RSA 674:72, allowing municipalities to convert existing structures, such as detached garages, into ADUs, regardless of whether these structures violate current dimensional requirements for setbacks or lot coverage.

Furthermore, the bill defines "existing structure" as one that existed on or before July 1, 2025, and outlines conditions under which municipalities can determine eligibility for placing an ADU within an existing structure that does not comply with current dimensional requirements. It stipulates that an existing structure converted to an ADU will not be considered a change of use, thus preserving its status as a preexisting non-conforming structure. The act will 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
HB1079 text: 674:71, 674:72