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Selectmen question Planning Boardproposal to restate RSA 676:17 in local code

Plaistow Board of Selectmen · November 20, 2024
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Summary

The Plaistow Board of Selectmen reviewed a Planning Board proposal to add zoning administration and enforcement language to the town code, raised concerns that it largely restates RSA 676:17 and could complicate enforcement or ballot length, and asked staff to report back to the Planning Board with the board's views.

The Plaistow Board of Selectmen reviewed proposed changes from the Planning Board on zoning administration and enforcement during its Dec. 2 meeting and expressed concern the draft largely duplicates state law (RSA 676:17) rather than simply referencing it.

Board members said the packet shows a current version and a proposed version with strike-throughs and replacements intended to clarify roles (for example, who serves as zoning officer and who enforces violations). Several members questioned the benefit of restating the RSA language in the town code and warned that a more stringent local ordinance could conflict with future changes to state statute. One selectman said the draft appears to "put in more government" and another noted the draft could add pages to the ballot, potentially discouraging voters.

Town staff and the town manager were asked to return the board's preference to the Planning Board; several selectmen favored keeping the language simple and relying on the RSA rather than adopting additional, more prescriptive local text. No formal motion was made to adopt ordinance language; the item remained under review.

Quoted from the meeting: "I think home rule if it exceeds state rule the more stringent of the two rules fall into the law," a board member said when discussing possible conflicts between a town ordinance and the RSA. The board also noted, "it costs a lot of money" to add material to the ballot, and asked staff to communicate the selectmen's concerns to the Planning Board.

What's next: Staff will report back to the Planning Board with the selectmen's preference and any recommended edits; the board did not adopt the proposed language at this meeting.