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Subcommittee debates standard for "extraordinary restrictions" on residential property; lawyers to refine language
Summary
A House subcommittee met to refine HB 410 language creating a new legal category—"extraordinary restrictions"—for certain municipal limits on residential property and to decide what evidentiary showing or judicial standard should apply.
A House subcommittee convened to draft and refine language for HB 410, a proposed statute that would treat certain municipal land-use rules as "extraordinary restrictions" on residential property and subject them to heightened judicial review or evidentiary requirements.
The meeting focused on three core questions: what evidentiary standard (if any) a municipality must meet before enacting an extraordinary restriction, whether the review standard should be a form of strict scrutiny or a lesser intermediate standard, and the proper appeals path (direct to Superior Court or after a Zoning Board of Adjustment review).
Proponents and legal advisers argued for a high bar so towns must “show their work” before enacting rules that significantly restrict residential uses. Representative Bullier (and other supporters) said a strict standard would force municipalities to justify extraordinary restrictions with stronger evidence and therefore deter arbitrary or exclusionary changes. Opponents and municipal representatives…
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