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Sponsor says HB 459 would curb ‘snob zoning’ by limiting minimum lot-size rules; planners and industry largely back the measure
Summary
HB 459 would restrict municipal minimum lot‑size mandates that sponsors say price out working families, tying septic‑served lots to the minimal area needed for an approved disposal system and capping sewered‑lot minimums at 22,000 square feet unless a town demonstrates a health or safety need.
Representative Joe Alexander told the committee HB 459 targets restrictive minimum lot‑size requirements that he characterized as “snob zoning.” The bill would prevent towns from requiring lots larger than necessary for an individual septic system where community sewer does not exist, and would cap minimum lot-size requirements at 22,000 square feet for lots served by municipal sewer unless the municipality demonstrates a documented public‑health or safety need.
Nut graf: Proponents — including builders, housing advocates and planners — said the bill is a pragmatic, measured way to increase housing density and affordability; some municipal witnesses urged care to ensure groundwater, wetlands, ledge and other site constraints remain part of the permitting calculus.
Real‑estate broker and vice chair of the New Hampshire Association of Realtors’ Public Policy Committee, Chris Norwood, urged support and described density as the key to more affordable housing. The New Hampshire Housing Finance Authority and Housing Action New Hampshire supported the bill as a tool to increase starter‑home supply.
Planning and environmental witnesses advised caution and pointed to factors that affect buildability beyond septic system area: ledge, slope, aquifer capacity and wetland setbacks. Dave Nelson, a longtime planning-board member, noted aquifer and well‑supply concerns require site‑by‑site analysis and asked that the bill not be read as removing those technical constraints from local permitting.
Ivy Van, a land‑use planner, and developers said reducing lot‑size barriers can improve municipal fiscal health by enabling higher value per acre and making sidewalks and neighborhood retail financially viable. The Nature Conservancy testified neutral and offered to provide mapping and environmental expertise to pair development opportunities with conservation priorities.
Ending: The committee closed the hearing on HB 459 after broad testimony and left sponsors and stakeholders to work on details (e.g., frontage/setback interactions, conservation subdivisions). No committee vote occurred that day.
