This bill amends existing law to clarify that municipalities have the authority to enforce local health ordinances concerning septic safety and maintenance in relation to accessory dwelling units (ADUs). Specifically, it modifies RSA 674:72, I to state that while municipalities must allow one ADU in all zoning districts that permit single-family dwellings, they are not permitted to impose stricter septic system requirements than those mandated by the Department of Environmental Services. The new legal language inserted into the bill emphasizes that the provisions do not restrict the adoption or enforcement of municipal health ordinances related to the inspection, maintenance, upgrade, or replacement of subsurface sanitary disposal systems, ensuring the safety and adequacy of these systems.

Additionally, the bill maintains that municipalities are not obligated to permit more than one ADU per single-family dwelling and can impose restrictions on ADUs associated with multiple single-family dwellings or those on rented land. The effective date for this act is set for July 1, 2026. Overall, the bill aims to balance the promotion of ADUs while ensuring local health and safety standards are upheld.

Statutes affected:
Introduced: 674:72, 674:73
As Amended by the House: 674:72
HB1540 text: 674:72, 674:73