CONCORD, NH – Bills that address multi-family housing in commercial zones and towns and city length limits on dead-end roads are close to becoming law after Committees on Conference agreed on them this week.
Committees on Conference Thursday approved HB 1010, which allows multi-family development in commercial zones if the planning board finds infrastructure is adequate, and SB 564, which prohibits town and city-wide length restrictions on dead-end roads.
The committees sync up bills that were passed by either the House or Senate, then amended by the other. Bills must have identical wording before they can move toward becoming law. Compromise reports will be voted on by the full bodies of House and Senate next Thursday, June 4.
Local zoning and land-use regulations are cited as one of the biggest obstacles to easing the housing crisis. State laws regulating zoning, though, are seen as weakening local control. The two bills, HB 1010 and SB 564, were among the dozens of skirmishes in that battle this year, as the Legislature looked to claw back inroads made on housing legislation last session.
HB 1010 was introduced this session to repeal last session’s law allowing multi-family residences in commercial areas. It emerged all these months later with an amended law that allows multi-family units in commercial zones, but only if the planning board determines there is adequate infrastructure to support residential use.
The law would also replace an exception allowing municipalities to grant waivers for converting existing buildings into multi-family residences with one more restrictive for developers, allowing waiver of zoning requirements, like setbacks or height, only if changes to the building don’t further violate those requirements.
Developers, under the law, may provide any needed infrastructure if the planning board rules that what’s there isn’t adequate.
A planning board may deny an application if it determines that:
- Traffic volume by the development isn’t supported by the road design, or the development’s layout and design doesn’t ensure pedestrian safety;
- The applicant can’t secure a water source;
- The applicant can’t dispose of wastewater and sewage in accordance with regulations.
To that end, the law gives planning boards the framework to determine the adequacy of existing road, water and sewer infrastructure:
- For roads, a planning board may require a traffic impact study to ascertain road conditions in that area and whether the development would have an impact on them. This could include whether what’s there now can accommodate more traffic, whether sidewalks are available, pedestrian safety concerns, and more.
- For water, a planning board may require that the applicant receive permission from the owner of a public water system to connect. If there’s not a public water system, the board may require the applicant to develop a water supply in accordance with state law.
- For sewage, a planning board may require that the applicant get permission from the operator of a public sewer within the boundary prescribed by state law, or negotiate with the operator to connect to the system.
Restrictions on dead-end roads have been another housing development sticking point, but SB 564 loosens that up by prohibiting towns and cities from setting maximum road lengths for dead-end roads or capping the number of housing lots on one.
The law applies as long as developments meet the state fire code and comply with the municipality’s zoning restrictions and requirements.
Dead-end roads have long been a point of skirmish between municipalities and housing development advocates.
Municipalities that set limits on dead-end road length argue that longer roads would strain public services, including plowing, fire response and infrastructure. One frequent argument is that residents too far down a longer road could become trapped in a weather or other emergency.
Housing advocates argue that the road maximums are often arbitrary and that limited road length also limits needed development. Protections are still in place, they say, since any new housing must meet other codes and regulations.
The law also requires municipalities to allow developers to install utilities within perimeter buffer areas of subdivisions by special exception or conditional use permit, provided the buffers don’t include wetlands or protected shoreland.
The law, which goes into effect July 1, 2027, still gives towns and cities a lot of leeway to restrict development on dead-end roads, even if they can’t limit the length, since environmental protections haven’t changed, and any lots development still must meet fire safety codes and any other zoning ordinances.