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HB 631-FN - AS AMENDED BY THE HOUSE

 

20Mar2025... 0667h

2025 SESSION

25-0683

06/11

 

HOUSE BILL 631-FN

 

AN ACT permitting residential building in commercial zoning.

 

SPONSORS: Rep. A. Murray, Hills. 20; Rep. Berry, Hills. 44; Rep. Grill, Hills. 18; Rep. H. Howard, Straf. 4; Rep. Newell, Ches. 4; Rep. Pauer, Hills. 36; Rep. Schultz, Merr. 29; Rep. Seibert, Hills. 21; Rep. Sweeney, Rock. 25; Sen. Watters, Dist 4

 

COMMITTEE: Housing

 

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AMENDED ANALYSIS

 

This bill requires municipalities to permit multi-family residential development on commercially zoned land, with stipulations for infrastructure and exemptions for adaptive reuse.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Mar2025... 0667h 25-0683

06/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT permitting residential building in commercial zoning.

 

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

 

1  New Subdivision; Multi-Family Residential Development on Commercially Zoned Land.  Amend RSA 674 by inserting after section 76 the following new subdivision:

Multi-Family Residential Development on Commercially Zoned Land

674:77  Definitions.  In this subdivision:

I.  "Commercially zoned land" means land zoned for such commercial activities as retail and office space.

II.  "Mixed-use" means a type of development that combines residential, commercial, cultural, institutional, or entertainment uses within a single building or development area.

III.  "Adaptive reuse" means the repurposing of existing buildings or structures in whole or in part for residential purposes.

674:78  Amendment to Zoning Regulations.

I.  Notwithstanding any provision to the contrary, municipalities shall allow multi-family residential development on commercially zoned land, provided that adequate infrastructure, including roads, water, and sewage systems, shall be available or provided to support the development.

II.  Nothing in this section shall be interpreted to prohibit municipalities from restricting residential development in zones where industrial and manufacturing uses are permitted which may result in impacts that are incompatible with residential use, such as air, noise, odor, or transportation impacts.

III.  A municipality may require all available ground floor space or a percentage thereof to be dedicated to retail or similar uses.

IV.  A municipality shall provide an exemption to any requirements regarding setbacks, height, or frontage of a building being converted to multi-family or mixed-use through adaptive reuse, provided that the building’s floor area, height, and setbacks do not change.

2  Effective Date.  This act shall take effect July 1, 2026.

 

LBA

25-0683

1/7/25

 

HB 631-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT permitting residential building in commercial zoning by right.

 

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