New Hampshire committee reviews contentious ADU bill amid local control concerns

The New Hampshire Senate Commerce Committee convened on March 25, 2025, to discuss proposed changes to the state's accessory dwelling unit (ADU) laws, focusing on the implications for housing availability and local governance. The meeting featured a range of testimonies from stakeholders, highlighting both support and concerns regarding the bill.

One of the primary discussions centered on the definition and requirements for attached ADUs. Testimony from local officials emphasized the need for clarity in language, particularly regarding what constitutes an "attached" unit. Concerns were raised about the potential for ambiguity in the law, especially regarding architectural features like breezeways, which some argue should not qualify as attached structures. The current statute requires that attached ADUs share a wall with the primary dwelling, a definition some believe is crucial to maintain.

Another significant point of contention was the proposed removal of local control over zoning regulations. Several speakers, including real estate professionals and local planning board members, expressed apprehension that the bill would undermine municipal authority to regulate ADUs through conditional use permits or special exceptions. Critics argued that this could lead to an influx of ADUs that do not align with community needs or aesthetics, potentially altering the character of neighborhoods.

Supporters of the bill, including representatives from New Hampshire Housing, argued that expanding ADU laws could help address the state's affordable housing crisis. They highlighted the benefits of ADUs for various demographics, including aging homeowners and young families, suggesting that these units could provide essential housing options without requiring extensive new infrastructure.

However, concerns were also raised about the potential impact on local septic systems and water quality. Testimony indicated that the bill's language could inadvertently weaken local regulations designed to maintain septic systems, which are critical for environmental protection.

The committee also heard from individuals worried about the long-term affordability of ADUs, questioning whether the proposed changes would ensure that these units remain accessible to workforce housing in the future.

As the meeting concluded, the committee members were urged to consider the balance between increasing housing availability and preserving local governance. The discussions underscored the complexities of housing policy in New Hampshire, reflecting the diverse needs and priorities of its communities. The next steps will involve further deliberation on the bill, with stakeholders eager to address the highlighted concerns before any potential vote.