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Committee hears restatement of variance 'hardship' test as 'unreasonable restriction'
New Hampshire House of Representatives Municipal and County Government Committee · April 8, 2026
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Summary
SB 435 rewrites the fifth variance criterion in clearer language, replacing 'unnecessary hardship' with 'unreasonable restriction' and restating the established two‑part test to align statute with case law; NHMA supported the amendment as a clarification, not a substantive change.
Representative Walker introduced SB 435 to restate and clarify the statute governing zoning variances, particularly the fifth criterion commonly called the hardship test. The bill replaces the term "unnecessary hardship" with "unreasonable…
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