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THE EROSION OF LOCAL ZONING CONTROL IN NEW HAMPSHIRE
- NH Muckraker
- 5 days ago
- 3 min read
The state legislature has passed several laws this year that limit the ability of towns and cities to control zoning — for example, towns must allow multifamily residential development in commercially zoned areas where infrastructure exists.
HB 577 (Chapter 197, 2025) Requires towns/cities to allow either an attached or a detached accessory dwelling unit (ADU) “by right” in single-family zones, without extra special-permit hurdles like owner-occupancy, relationships, extra lot size, etc. Reduces local zoning flexibility: communities can no longer impose extra controls on ADUs beyond standard single-family zoning rules.
HB 631 (Chapter 201, 2025) Requires municipalities to allow multi-family residential development in commercially-zoned land (if adequate infrastructure exists/provided). Municipalities may still deny if area “incompatible” due to e.g., air, noise, odor, transportation. Major shift: localities lose ability to categorically exclude residential uses in commercial zones where infrastructure exists; significantly limits local discretion.
HB 457 (Chapter 188, 2025) Prohibits municipalities from creating zoning ordinances that limit the number of occupants of a dwelling unit to fewer than two per bedroom; prohibits zoning distinctions based on familial status, marital status, occupation, education, etc. Removes a zoning tool municipalities have used to regulate occupancy/composition of units — limits local ability to regulate these aspects of housing.
SB 282 Permits residential buildings up to four (or more) stories to have only one stairwell (under certain fire-safety conditions). Alters building code/standards that may have been locally incorporated; reduces local code constraints in favor of simpler development standards.
SB 284 Prevents municipalities from requiring more than one parking space per housing unit for many residential developments of fewer than ten units. Limits local parking-requirement zoning — reducing municipal ability to restrict density via parking mandates.
SB 281 (and related) Requires that municipalities allow construction of homes on unmaintained (Class VI) roads, provided the landowner signs a document acknowledging the town will not maintain the road. Reduces local control by forcing municipalities to permit development in areas they historically could limit because of infrastructure/road maintenance concerns.
SB 165 Modifies audit thresholds for resident‐owned communities/co-ops (less directly zoning, but housing-related). Less direct zoning effect, but part of the broader package shifting regulatory burdens.
Localities are being barred from imposing certain requirements: minimum parking spaces, very large lot-sizes, restrictions on accessory dwelling units (ADUs), and prohibitions on building along Class VI roads (unmaintained roads) have all been reined in.
Rural and small municipal governments especially feel the squeeze: e.g., local officials warn that state mandates will require them to shoulder infrastructure burdens or accept developments they weren’t prepared for.
Critics argue this is a shift from “incentives” toward state-mandated zoning changes, which reduces the decision-making power of local planning boards and elected officials.
Supporters of the changes argue the housing shortage demands a statewide solution, and that local barriers have become too entrenched. But even many of them acknowledge municipalities may now be “playing defense” against the backlash.
The Erosion of Local Control
What this adds up to is a significant shift in authority from local governments to the state, at least in the housing and land-use arena. Municipalities that once set their own zoning rules—with local public hearings, local planning boards, and community debates—are now facing state law overriding or pre‐empting large parts of their control. That means:
Less ability to tailor zoning to local infrastructure, geography, preference, or community character.
Fewer levers for residents or local boards to say “this development doesn’t fit our town” when a state law dictates approval or loosens standards.
Increased burdens on smaller towns that may lack staffing or infrastructure to absorb more dense development mandated by the state.
Growing tension between “statewide housing policy” and “local land-use autonomy” - with local voices arguing they are getting sidelined.
IT ALL BEGAN WITH ROGUE RINO GOVERNOR SUNUNU, AYOTTE IS KEEPING THE PUSH GOING IN NEW HAMPSHIRE.
CAN WE BE DONE ELECTED POLTICAL SCUM ON BOTH SIDES OF THE AISLE?
STAY IMFORMED ON NH HOUSING TYRANNY
VOTE "NO" ON ANY FUTURE ZONING AMENDMENTS
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