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Proposal to standardize zoning-board appeal deadlines at 30 days draws mixed testimony from Realtors and municipal officials
Summary
Senate Bill 78 would set a 30-day statewide deadline for appeals of zoning-board decisions. Supporters told the committee that a firm deadline reduces uncertainty for developers; municipal representatives warned the change removes local flexibility for communities with seasonal residents and limited administrative resources.
Senate Bill 78, introduced by Senator Murphy, would set a uniform 30-day statewide appeal period for zoning-board appeals. The sponsor said the bill “standardizes what is currently the practice among most towns” and would reduce variation among municipalities where some still apply a subjective “reasonable time” standard.
Chris Norwood of the New Hampshire Association of Realtors testified in support, saying the vagueness of “reasonable” creates market uncertainty and can delay projects for extended periods; he cited a 1990s Supreme Court case that led to multi-year litigation in one instance. Norwood told the committee that many buyers and developers do not want to proceed under a vague standard that can force them into repeated hearings or protracted appeals.
The New Hampshire Municipal Association (NHMA) opposed the bill. Brody Deshaies (NHMA) said municipalities sometimes need the flexibility to extend deadlines because of small boards, shared circuit planners, or summer residents (snowbirds) who may need additional time to participate. Deshaies argued that a hard statewide deadline would remove local discretion that helps ensure fair process in smaller communities.
Senators asked whether education or a local-option approach might bridge the gap. NHMA suggested training for local ZBAs and that ordinances be tailored locally. Supporters said a uniform deadline would create certainty for developers and buyers across jurisdictions.
No committee vote was recorded on SB78 during the public hearing; the bill was later included in the list of items referred to the Commerce subcommittee on housing for further consideration.
