Committee hears towns’ safety and fiscal concerns over HB 1098 (building on Class 6 roads)

Representative David Priest described HB 1098 as a bill addressing public safety, fiscal responsibility and local decision making for building and occupancy permits on Class 6 roads. He said the bill would restore a process under which the local governing body and planning board weigh in before permits are issued and would protect municipalities from being forced to assume maintenance or liability.

Municipal officials and selectboard members — including testimony from Brody Deshaies (NHMA), Mark Funk and other small‑town officials — described Class 6 roads they said have become impassable and unsafe for fire and ambulance response. They warned that allowing by‑right building without recorded maintenance covenants or proof of insurability shifts costs and danger to towns that lack resources, citing examples of culvert failures and illegal occupancy in remote properties.

Builders and industry groups (New Hampshire Home Builders Association, Business & Industry Association, Realtors) opposed rolling back the 2025 law without seeing how it functions; they warned against returning to a discretionary process that slows permitting and leaves lots underused. Several suggested compromise language: allow building by right only when recorded covenants guarantee road upkeep or when insurance and bank appraisal requirements are demonstrably met, and allow municipalities an optional local process to assess passability for emergency services.

Committee members pressed for technical fixes and noted municipal safety and fiscal exposure as key concerns. The committee later recorded an ITL recommendation on HB 1098 (roll call recorded).