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State senator warns Swanzey officials housing bills will reduce local zoning control
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Summary
A state senator told the Swanzey Selectboard the Legislature has passed multiple housing-related bills that, in his view, shift authority away from local zoning bodies and impose costs on small towns.
A state senator visiting the Swanzey Selectboard meeting warned that a wave of housing bills moving through the New Hampshire Legislature will reduce local zoning authority and impose new costs on small towns.
The senator told the board most bills have already ‘crossed over’ between chambers and said “the majorities in the senate and the house believe that local zoning is the single issue stopping housing being built right now,” a framing he said is driving multiple proposals.
The senator flagged several measures by bill number as ones that could affect small towns, including an accessory dwelling unit provision he referred to as the “5 77” ADU bill, SB78, HB342, HB428, SB188, and HB475. He said the ADU measure “just passed” and described many of the proposals as “unfunded mandates.”
Why it matters: the senator said the bills would give developers “by right” options in places where towns now exercise local control, require towns to issue certain building permits on private roads, and in some cases tie permit approvals to the presence of sewer and water infrastructure. He urged local officials to contact the governor and their legislative delegations before bills are finalized.
Selectboard members pressed the senator about details and possible fixes. The senator said he had worked with the New Hampshire Municipal Association (NHMA) to seek amendments that would restore some local discretion but said he had “fallen short” on several fixes. He suggested towns can lobby the governor before bills are signed and said some measures may be returned to the Senate if they were amended in the House.
The senator also described bills that would change appeal windows for zoning board decisions (noting an extension to 45 days in SB78 as discussed) and a bill he said would allow property owners to use licensed private providers for building code inspections (SB188, as described), which he said could decentralize enforcement and create inconsistency with municipal code enforcement.
Board members expressed worries about practical effects: one asked what would happen if a fire truck could not reach a house on a private road and whether towns would be exposed to lawsuits if they were required to accept responsibility for private-road building permits. The senator said proposed amendments attempted to address EMS and liability concerns but that “there’s gray areas.”
The senator repeatedly urged local officials and residents to contact legislators and NHMA to raise red flags and to monitor the governor’s actions on bills that had reached her desk.
Ending: the senator closed by offering his office as a resource for constituents seeking help with state agencies or with navigating the new bills. He also mentioned other topics briefly discussed during his visit, including room-and-meals tax negotiations and concerns over Medicaid and services for certain individuals, but the meeting record shows no formal action by the board on any of the bills during this session.
