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Senate panel hears split views on defining 'adequate infrastructure' for multifamily on commercial land
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Summary
Lawmakers and stakeholders debated House Bill 10‑10, which would define what counts as 'adequate infrastructure' (roads, water, sewer) for multifamily development allowed by right on commercially zoned land under last year’s HB 6‑31. Realtors warned the bill’s technical terms — especially 'water supply study' — are undefined and costly; municipal officials urged clarifications before the law takes effect.
The Senate Commerce Committee opened a hearing on House Bill 10‑10, intended to define what constitutes "adequate infrastructure" for multifamily residential development allowed by right on commercially zoned land under last year’s HB 6‑31. Chair opened the committee and called the bill forward.
Senator Denise Ricciardi, appearing for the absent representative, told the committee that "The passing of House Bill 6 31 last year mandated the allowance of multi family development on commercially zoned land by right provided that adequate infrastructure, including roads, water and sewage systems are available." She said the earlier statute left key terms undefined, creating uncertainty for towns and developers.
Chris Norwood of the New Hampshire Association of Realtors, testifying on behalf of the group’s roughly 7,000 members, said the bill as drafted fails to give the technical definitions applicants and municipalities need. "The lack of definition creates some uncertainty for applicants, regulators, and municipalities," Norwood said, and he noted that hydraulic or water‑supply studies can be costly and often lack a simple pass/fail metric.
Norwood and multiple senators questioned whether the bill conflates water quantity and water quality tests, and whether local warrant articles or municipal regulations already give towns tools to protect wells and shorelines. Margaret Burns of the New Hampshire Municipal Association said HB 10‑10 "adds in some specific provisions with respect to adequacy of infrastructure, including allowing municipalities to require applicants to provide infrastructure if it's not adequate and requiring the applicant to receive permission from the operator of a public water or sewer system to connect." She urged the committee to use the current window to clarify the statute before HB 6‑31 goes into effect.
Drew Klein of the Josiah Bartlett Center recommended simplifying the statute to avoid creating additional grounds for municipalities to block workable projects, saying the draft is "very overly prescriptive" and could be tightened to focus on whether infrastructure will be "available or provided." Committee members said they will continue to press stakeholders on precise definitions for "water supply study," density and how impacts to existing wells would be measured.
The committee closed the hearing and referred the bill to the housing subcommittee for further drafting and technical fixes. The subcommittee referral was the next procedural step the panel scheduled.
