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HB 501-FN - AS INTRODUCED

 

 

2025 SESSION

25-0506

06/05

 

HOUSE BILL 501-FN

 

AN ACT relative to allowing towns to decline 5G towers.

 

SPONSORS: Rep. D. Kelley, Hills. 32; Rep. Sabourin, Rock. 30

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill:

 

I.  Establishes the authority for municipalities to regulate the construction, deployment, and operation of 5G wireless facilities within their jurisdiction and

 

II.  Repeals the chapter relative to the deployment of personal wireless service facilities.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0506

06/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to allowing towns to decline 5G towers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Municipal Control of 5G Towers.  RSA 12-K is repealed and reenacted to read as follows:

CHAPTER 12-K

5G TOWERS

12-K:1  Municipal Authority to Deny 5G Towers.

I.  Municipalities shall have the authority to deny the construction, deployment, or operation of 5G wireless facilities within their jurisdiction.

II.  Any municipality electing to exercise this authority shall provide a detailed written decision outlining the reasons for the denial, including but not limited to considerations of public health, safety, and welfare, environmental impacts, and consistency with local zoning ordinances.

III.  The municipality's decision to deny the construction, deployment, or operation of 5G wireless facilities shall be made in accordance with applicable state and federal laws and regulations.

IV.  The denial shall not conflict with or violate any existing state or federal regulations governing the deployment of wireless service facilities.  Any denial shall be based on substantial evidence contained in a written record.

V.  Municipalities may establish local regulations and procedures to implement and enforce the provisions of this section, provided that such regulations are consistent with state and federal law.

VI.  Any applicant denied under this section shall have the right to appeal the municipality's decision in accordance with the procedures established under RSA 677.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

25-0506

1/8/25

 

HB 501-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to allowing towns to decline 5G towers.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2025 through 2028.

 

AGENCIES CONTACTED:

New Hampshire Municipal Association