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Albany planners say state ADU law may limit local control, will review impact
Summary
At an Aug. 11 meeting, the Albany Planning Board agreed to add a review of a recently passed state accessory-dwelling-unit law to a future agenda after a member said the measure appears to constrain the town’s ability to regulate ADUs, including whether they may be detached.
The Albany Planning Board on Aug. 11 agreed to study a recently passed state law affecting accessory dwelling units and to place a review of the statute on a future agenda.
A committee member told the board that, based on the text they had seen, the law “takes away our right as a town to choose whether we have ADUs and whether they're attached or detached.” The speaker cited a bill number in the meeting (the transcript contains both “HB77” and “HB577” in different lines) and also referenced the state RSA; the board did not resolve the conflicting bill-number references during the session.
The discussion flagged concerns about whether the town could continue to set local ADU rules such as permitted detached units and square-footage limits. Sean Wadsworth, acting as meeting chair, said he would read the statute and suggested placing “State ADU” on a future agenda so the board could examine the law’s text and its interaction with local zoning.
No formal motion to change Albany’s zoning code was taken at the meeting. Board members said they wanted staff or members to collect the statutory language and related guidance so the board could determine what action, if any, is permitted under state law.
The board did not adopt any rule or ordinance at the meeting. The item was set for further review at a subsequent meeting, where members expect to discuss square-footage specifics and whether local implementation options remain.
