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House Housing Committee advances SB564 15–0 to bar municipal road-length caps and permit utilities in subdivision buffers
Summary
SB564 would prohibit municipalities from setting arbitrary maximum road lengths or numerical caps on lots on dead-end streets and allow utilities within certain subdivision perimeter buffers; the committee voted 'ought to pass' 15–0 after proponents said it removes arbitrary barriers and opponents warned it could undermine local planning and buffer protections.
Sen. Keith Murphy, speaking for Sen. Dan Inis, introduced SB564 to prohibit municipalities from imposing arbitrary limits on maximum road length and numerical caps on housing lots on dead-end streets, and to allow utilities (wells, septic, electric, drainage) within subdivision perimeter buffers. "This bill would prohibit municipalities from placing arbitrary limits on maximum road length and imposing a numerical cap on the number of housing lots on a dead-end road or street," the sponsor read.
Opponents, including Margaret Burns of the New Hampshire Municipal Association, warned that the bill could interfere with local planning tools designed to protect public safety, drainage, and natural resources and could conflict with RSA 674:362 (premature and scattered development). Burns said allowing utilities in perimeter buffers could "turn those perimeter buffers into developable land" and undercut conservation and screening functions.
Supporters including Phil Jayzac of the New Hampshire Home Builders Association and Chris Norwood of the New Hampshire Association of Realtors said the bill is narrow and does not strip municipalities of authority to enforce health, safety or state fire code requirements. Jayzac said the state fire code remains the standard for life-safety concerns.
Chairman Alexander moved the committee's recommendation of 'ought to pass' in executive session; Representative Bolier seconded. The clerk called the roll and the motion carried 15 to 0 with three members absent, sending the bill to the regular calendar as 'ought to pass.' Chairman Alexander said he will prepare the committee report.
