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Municipal officials say ADU fix became problem after amendments; Realtors raise similar concerns

Senate Commerce Committee · April 22, 2026

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Summary

House Bill 10‑79 aims to simplify accessory dwelling unit (ADU) conversions by defining 'existing structures' for ADU eligibility, but the New Hampshire Municipal Association told the committee that House amendments tied single‑unit ADUs to site‑plan/subdivision vesting periods and prompted NHMA to withdraw earlier support.

The committee heard House Bill 10‑79, which sponsors said would make it easier for property owners to convert existing nonconforming structures into accessory dwelling units (ADUs) without a zoning‑board variance. Representative sponsor testimony explained the bill defines structures built before July 1, 2025 as "existing" so owners can use planning‑board review rather than securing a variance in some cases.

Joanne Pinnock, a Keene resident, testified she supports the bill and said ADUs and tiny homes could provide options for seniors and younger people priced out of the housing market.

Margaret Burns, speaking for the New Hampshire Municipal Association, said the bill as amended in the House "essentially ties the building of an accessory dwelling unit to site plan and subdivision approval by using the vesting periods for subdivision and or site plans for the building of a single ADU," and that this approach is inappropriate for a single‑unit conversion. "If you read 6 74 72, it clearly states that a municipality that adopts a zoning ordinance shall allow accessory dwelling units ... and goes on to say that the accessory dwelling unit may either be attached or detached," she said, recommending a simpler statutory fix limited to establishing 07/01/2025 as the cut‑off for "existing" structures.

Chris Norwood (New Hampshire Association of Realtors) echoed municipal concerns about tying single‑unit ADUs to vesting rules, while also praising language clarifying that converting an existing nonconforming structure to an ADU "shall not constitute a change of use," which helps avoid unnecessary site‑plan review.

The committee closed the hearing and referred HB 10‑79 to the housing subcommittee.