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Board reviews legislative changes: residential in business districts and new ties to NFPA fire code
Summary
Members reviewed the end of the legislative session and noted new state-level changes that allow residential use by right in some business districts and tie town restrictions on cul-de-sac length to the national fire code; board members said they will await NHMA guidance and legal review before proposing local changes.
The board received an update on recent state legislation that could affect local zoning: one change makes residential uses allowed by right in some business districts unless local special-use pathways are used, and another ties towns’ ability to restrict road length and cul-de-sacs to the national fire code (NFPA). Chair said NHMA will issue guidance and the planning staff will attend an NHMA webinar to better understand municipal implications.
Members raised operational questions about how the change ties into local firefighting capabilities — one member noted Chief Paulson’s operational limit on pumping water affected a prior 600-foot cul-de-sac rule. The board discussed that, under the new wording, towns may only be as restrictive as the fire code allows and that staff and legal counsel will need to assess whether local practices remain supportable.
Separately, members discussed a childcare-related bill (House Bill 1195) that would restrict municipalities from requiring local site-plan review in some licensed home-daycare situations and mandate that care centers be allowed by right in commercial zones; the board said it would wait for NHMA legal guidance before deciding on local code changes.
Staff and members agreed to wait for NHMA memos and legal analysis before proposing ordinance amendments in response to the new laws.
