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Small change proposed to floor‑area ratio rules to exclude below‑grade areas from massing calculations
Summary
SB 283 would standardize floor‑area ratio calculations statewide by excluding below‑grade areas (basements, below‑grade parking, mechanical and storage) from FAR; sponsor said it harmonizes local practice, municipal association urged removal of drafting language that could create ambiguity over boards' roles.
Senator Keith Murphy introduced SB 283, proposing that the statewide calculation of floor‑area ratio (FAR) exclude below‑grade area so that basements used for utilities, parking or storage do not count toward FAR. Murphy said the change simply standardizes how municipalities treat below‑grade space (some towns exclude it now, others include it) and would align local practice.
Support and municipal caution: The bill attracted relatively light public testimony. Supporters said clarifying FAR would help predictable massing calculations for developers and planning boards. Brody Deshaies of the New Hampshire Municipal Association opposed several drafting specifics: he said lines in the draft that appeared to require municipalities to revise height limits or that implied planning boards would review and approve new construction projects were unnecessary or could create conflicting definitions and authority. NHMA recommended removing some of the proposed language and leaving local ordinance authority intact.
Technical note: Witnesses said FAR rules and height limits are adopted locally with differing practices; the bill's narrow change to exclude below‑grade area (basement parking, mechanicals, storage) could reduce ambiguity for some projects but may not alter local height limits or other zoning controls unless municipalities revise ordinances.
Committee status: The committee closed the public hearing after receiving testimony and asked for clarifying language to avoid unintended expansions of planning board authority.
