Committee Summary for House Committee on Housing (02/24/2026)

Bill/Time	Type	Title	Sponsor
HB1540 00:07:55.723 - 1:03:16 PM	General Working Session	establishing uniform requirements for accessory dwelling units and providing municipalities with authority and guidance for zoning, permitting, and environmental protections.	Fracht, David(D)[D-]2025

HB1540: Rep. Grant Information Only00:07:55.723 - 1:03:16 PM; Rep. Grant shares initial thoughts on amending the bill to eliminate the exception for protected shoreland districts and allow ADUs only in existing buildings like garages or houses within the 250-foot area, without adding new structures.
HB1540: Rep. Reid Information Only00:08:30.000 - 1:03:51 PM; Rep. Reid clarifies that the proposal means ADUs within existing structures without extensions, expresses concerns about watershed protection and a nearby landfill, but finds the compromise reasonable and is open to adjustments.
HB1540: Rep. Page (Chair) Information Only00:09:30.000 - 1:04:51 PM; The Chair emphasizes focusing on public health and environmental protection, highlighting key issues as septic systems and impervious surfaces, and seeks to address real problems rather than broadly prohibiting ADUs.
HB1540: Andrea Lamoureux, New Hampshire Lakes Support00:10:30.000 - 1:05:51 PM; Andrea Lamoureux supports tweaking the bill to allow ADUs within the existing footprint to reduce impervious surfaces and protect lakes, aligning with environmental goals while supporting housing needs. She agrees that this compromise achieves the goal of preventing increased runoff into lakes.
HB1540: Rep. Page (Chair) Information Only00:12:00.000 - 1:07:21 PM; The Chair questions how the proposal addresses impervious surfaces and septic concerns, suggesting municipal guidelines should handle septic safety, and discusses interpretations of existing statute on septic requirements.
HB1540: Rep. Grant Information Only00:15:00.000 - 1:10:21 PM; Rep. Grant explains that towns can require septic designs for approvals but not always inspections for additions; supports not overriding DES and town standards in the 250-foot buffer, noting septic failures are gradual.
HB1540: Rep. Reid Information Only00:22:55.723 - 1:18:16 PM; Rep. Reid discusses ensuring towns cannot bias approvals based on whether a structure is a dwelling unit versus non-dwelling, emphasizing equal treatment for impervious surface impacts regardless of habitation.
HB1540: Rep. Grant Information Only00:25:00.000 - 1:20:21 PM; Rep. Grant clarifies that new structures within 250 feet require DES approval and engineering, limiting disturbances to certain percentages, and supports handling impervious areas through existing designs.
HB1540: Rep. Page (Chair) Information Only00:28:00.000 - 1:23:21 PM; The Chair questions the core issue of impervious surfaces and whether towns already have authority via zoning to regulate lot coverage, suggesting the problem might not require singling out ADUs.
HB1540: Brody Duchesne, New Hampshire Municipal Association Support00:30:00.000 - 1:25:21 PM; Brody Duchesne supports the bill as introduced and opposes the amendment, arguing it adds limitations on local zoning for detached ADUs in shoreland zones beyond DES standards. He emphasizes local discretion based on topography and zones, interprets statute as limiting stricter septic ordinances, and advocates for equal treatment of ADUs versus other structures with similar impacts.
HB1540: Rep. Page (Chair) Information Only00:37:55.723 - 1:33:16 PM; The Chair proposes clarifying language to allow municipal health ordinances for septic inspection and maintenance without changing intent, to prevent lawsuits, and questions if municipalities have sufficient zoning tools for environmental protections.
HB1540: Brody Duchesne, New Hampshire Municipal Association Information Only00:40:00.000 - 1:35:21 PM; Brody Duchesne explains that DES sets minimums, allowing municipalities stricter standards; some towns prefer not adopting more but want flexibility for conditional uses on ADUs without blanket prohibitions.
HB1540: Rep. Grant Information Only00:42:00.000 - 1:37:21 PM; Rep. Grant notes some towns allow structures within 250 feet under DES constraints, valuing local control and finding DES standards sufficient for environmental protection.
HB1540: Rep. Reid Information Only00:45:00.000 - 1:40:21 PM; Rep. Reid paraphrases that some towns want to restrict ADUs specifically without broader restrictions, seeking conditional use flexibility rather than variances, to balance case-by-case reviews.
HB1540: Brody Duchesne, New Hampshire Municipal Association Information Only00:48:00.000 - 1:43:21 PM; Brody Duchesne suggests adding language to prevent stricter criteria for ADUs than similar structures in conditional use permits, ensuring no prohibition of ADUs while allowing municipal flexibility.
HB1540: Jack Ruderman, New Hampshire Housing Oppose00:52:55.723 - 1:48:16 PM; Jack Ruderman opposes the amendment as it singles out ADUs unfairly compared to other structures affecting impervious surfaces; supports ADUs for housing while respecting environmental concerns, believing towns have powers to regulate septic beyond DES.
HB1540: Rep. Reid Information Only00:54:00.000 - 1:49:21 PM; Rep. Reid seeks language to level the playing field, preventing bias against ADUs while not giving them extra rights beyond primary dwellings.
HB1540: Rep. Page (Chair) Information Only00:55:00.000 - 1:50:21 PM; The Chair reflects on the original ADU bill's intent to prevent extraordinary municipal requirements blocking ADUs, open to language ensuring equal treatment for structures with similar impacts.
HB1540: Rep. Grant Information Only00:56:00.000 - 1:51:21 PM; Rep. Grant suggests addressing septic inspections and potentially eliminating the amendment or voting inexpedient to legislate, while agreeing to strike redundant sections in the bill.
HB1540: Rep. Reid Information Only00:57:00.000 - 1:52:21 PM; Rep. Reid agrees on rewriting for parity in treatment of ADUs similar to manufactured housing bill language, ensuring similar structures are treated equally for public health and environmental reasons.
HB1540: Audience Expert Information Only01:07:55.723 - 2:03:16 PM; The speaker explains special exceptions in zoning for residential uses, noting that they allow additions that do not negatively impact abutters or the zone, similar in intensity to current uses but unique. Additional criteria ensure no harm to safety, health, welfare, abutters, or neighborhood character without requiring a variance, setting a lower bar.
HB1540: Rep. Reed Information Only01:09:00.000 - 2:04:21 PM; Rep. Reed follows up, understanding the statute allows towns to distinguish uses but emphasizes that residential purposes should not be singled out or treated differently in ordinances. He suggests no difference in impervious surface rules between single-family homes and ADUs, and agrees to work on this offline.
HB1540: Committee Chair Information Only01:10:00.000 - 2:05:21 PM; The chair outlines the direction: strike the section on detached accessory dwelling units from the bill as introduced (674:73). Open to clarifying language on health ordinances and septic system requirements (lines 9-11) to ensure clarity that it does not restrict existing statute. Invites the audience team to suggest language for ADUs to provide municipalities options to mitigate environmental and health harms without treating ADUs differently from other shoreland structures.
HB1540: Rep. Grant Information Only01:12:00.000 - 2:07:21 PM; Rep. Grant agrees with the chair's proposed direction.
HB1540: Rep. Reid Information Only01:12:30.000 - 2:07:51 PM; Rep. Reid agrees but wants further conversation on why inhabitable structures should differ from non-inhabitable ones in the shoreland, suggesting to discuss as they exit.
HB1540: Committee Chair Information Only01:13:00.000 - 2:08:21 PM; The chair checks for other comments or questions, notes the session was slightly messy but appreciates patience, and closes the subcommittee work session on HB 1540.