This bill amends the definition of accessory dwelling units (ADUs) to permit their construction within nonconforming structures, thereby expanding the opportunities for homeowners to create additional living spaces. 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. The bill also allows municipalities to convert existing structures, such as detached garages, into ADUs without regard to current dimensional requirements for setbacks or lot coverage, provided these structures existed on or before July 1, 2025.
Additionally, the bill introduces new provisions that protect ADUs built after July 1, 2025 from future zoning changes, contingent upon meeting specific development timelines. It outlines criteria for municipalities to assess the eligibility of existing structures for ADU conversion, including the need for applicants to demonstrate that the structure is a preexisting, nonconforming structure or has received prior zoning approval. Furthermore, the bill repeals RSA 674:73, which pertains to detached accessory dwelling units, streamlining the regulations surrounding ADUs. 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
HB1079 text: 674:71, 674:72