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SB 281 - AS AMENDED BY THE SENATE

 

03/20/2025   0947s

2025 SESSION

25-1089

07/09

 

SENATE BILL 281

 

AN ACT prohibiting municipalities from denying building or occupancy permits for property adjacent to class VI roads under certain circumstances.

 

SPONSORS: Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Sen. Pearl, Dist 17; Sen. Perkins Kwoka, Dist 21; Rep. Osborne, Rock. 2; Rep. Alexander Jr., Hills. 29

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill changes the requirements that allow a building to be constructed on a lot adjacent to a class VI roadway.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/20/2025   0947s 25-1089

07/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT prohibiting municipalities from denying building or occupancy permits for property adjacent to class VI roads under certain circumstances.

 

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

 

1  Planning and Zoning; Local Land Use Planning and Regulatory Powers; Erection of Buildings on Streets; Appeals.  RSA 674:41, I(c) is repealed and reenacted to read as follows:

(c)  Is a class VI highway, provided that the applicant:

(1)  Signs a liability waiver acknowledging that the:

(A)  Municipality shall not maintain the highway nor provide any services to any lot accessible by the highway;

(B)  Municipality shall not accept any responsibility for losses or damages caused by a lack of services; and

(C)  Responsibility for such services falls solely on the applicant; and

(2)  Prior to the issuance of a building permit, produces evidence that this waiver has been recorded in the county register of deeds; and

(3)  Prior to the issuance of a building permit, proves the lot and any buildings thereon are insurable; or

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