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Senate backs expansion of accessory dwelling units after amendment fails
Summary
The Senate approved House Bill 577 to expand and standardize accessory dwelling unit (ADU) rules across the state after rejecting a floor amendment that would have restored additional local controls and delayed effective date.
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The New Hampshire Senate on the floor approved House Bill 577, a Commerce Committee measure to expand the availability of accessory dwelling units (ADUs) by right in municipalities.
Senator Robert Innes, the Commerce Committee sponsor, moved the bill on the floor and described the measure: "This bill would expand accessory dwelling units, otherwise known as ADUs, by right to include detached units, add definitions related to ADUs, and increase their maximum square footage." He said the changes were intended to harmonize rules across municipalities, reduce barriers to additional housing supply and preserve septic, setback and building-code requirements.
Senator Eric Fenton offered a detailed floor amendment (2162s) which would have restored more local control: it retained "attached, not physically connected" language, reinstated manufactured housing language, clarified permit and parking requirements, added aesthetic standards, and delayed the effective date to June 1, 2026. Senator Fenton characterized his amendment as a compromise: "Compromise is not a dirty word." The amendment was debated and then rejected by voice vote.
Senator Reardon, while supportive of ADU policy goals, said he opposed the floor amendment and preferred the original committee bill because it would remove unnecessary regulatory barriers and better address the housing shortage. After the amendment failed, the Senate adopted the Commerce Committee recommendation of "ought to pass," and ordered HB 577 to third reading.
Key points clarified on the floor: septic systems must meet Department of Environmental Services standards; boundary setbacks, permits, and building codes still apply; ADUs were positioned as a tool to add smaller, affordable living options without major new infrastructure.
Outcome: The Senate adopted the committee recommendation that House Bill 577 "ought to pass" and ordered it to third reading. A floor amendment designed to restore wider local control and to delay the effective date failed on the floor.
Quotes from the floor reflect the divide between streamlining state rules to stimulate housing supply and restoring local permitting authority and design controls. The bill proceeds to the next legislative step.

