This bill amends the definition of accessory dwelling units (ADUs) to permit their construction within nonconforming structures. Specifically, it modifies the definitions in RSA 674:71, II-III by changing the term "physically connected" to "attached" for "attached units," and removes the requirement that detached units must be "completely contained within a preexisting detached structure." Additionally, the bill allows municipalities to convert existing structures, including detached garages, into ADUs, regardless of whether these structures meet current dimensional requirements for setbacks or lot coverage.

The bill further clarifies that an "existing structure" is defined as one that existed on or before July 1, 2025, and outlines the criteria municipalities can use to determine eligibility for placing an ADU within a noncompliant structure. This includes demonstrating that the structure is a preexisting, nonconforming structure or that it has received prior zoning approval exempting it from current dimensional requirements. Furthermore, RSA 674:73, which pertains to detached accessory dwelling units, is repealed. The act will take effect 60 days after its passage.

Statutes affected:
Introduced: 674:71, 674:72, 674:73
HB1079 text: 674:71, 674:72