There is established a commission to study the historical evolution of New Hampshire's zoning enabling act, currently codified at RSA 674:16. The legislative intent is to study the evolution of the New Hampshire Zoning Enabling Act as it turns 100 this year. The goal is to see how the New Hampshire Zoning Enabling Act has changed over time and to consider and make recommendations for future legislation on the balance of zoning powers between the state and municipalities.
I. The members of the commission shall be as follows:
(a)Four members of the house of representatives appointed by the speaker of the house in consultation with the house minority leader, no more than 2 from the same political party.
(b)Two members of the senate, appointed by the president of the senate in consultation w
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There is established a commission to study the historical evolution of New Hampshire's zoning enabling act, currently codified at RSA 674:16. The legislative intent is to study the evolution of the New Hampshire Zoning Enabling Act as it turns 100 this year. The goal is to see how the New Hampshire Zoning Enabling Act has changed over time and to consider and make recommendations for future legislation on the balance of zoning powers between the state and municipalities.
I. The members of the commission shall be as follows:
(a) Four members of the house of representatives appointed by the speaker of the house in consultation with the house minority leader, no more than 2 from the same political party.
(b) Two members of the senate, appointed by the president of the senate in consultation with the minority leader of the senate, no more than one from the same political party.
(c) One designee from the judicial branch, appointed by the chief justice of the supreme court.
(d) Two national housing policy experts, appointed by the speaker of the house in consultation with the minority leader of the house.
(e) One member representing municipal governments, appointed by the president of the senate in consultation with the minority leader of the senate.
(f) One member of the public, appointed by the president of the senate in consultation with the minority leader of the senate.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall:
(a) Study the policy problem that the drafters of the Standard State Zoning Enabling Act intended to solve with the "Grant of Power" section, as enacted by the New Hampshire legislature in RSA 674:16.
(b) Determine if that problem or those problems are still relevant today, whether in whole or in part.
(c) Evaluate if RSA 674:16 has been effective in resolving that problem or problems.
(d) Examine whether the regulatory powers granted by RSA 674:16 were intended to be plenary or limited to those stated.
(e) Assess how those powers have been construed by courts and by local legislators over the years.
(f) Determine if the listed powers are still appropriate and/or applicable today, and if any could be removed or if any not present should be added.
(g) Similarly, assess if the listed purposes in RSA 674:17 are still appropriate or applicable today, and if any could be removed or if any not present should be added.
(h) Identify legislative alternatives to the approach taken by the Standard State Zoning Enabling Act, including any adopted by other states, and consider RSA 674:25, an enabling act for adopting interim zoning ordinances.
(i) Identify elements of the other sections of the Standard State Zoning Enabling Act, as codified at RSA 674:16-23, that would benefit from examination and potential revision.
(j) Investigate the relationship between the zoning provisions of RSA 674:16 et seq. and the subdivision provisions of RSA 674:35 et seq., and explore opportunities for aligning or combining these provisions.
IV. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
V. The commission shall make an interim report of its findings and any recommendations for proposed legislation on or before November 1, 2025 and a final report of its findings and any recommendations for proposed legislation on or before November 1, 2026. The commission shall send the interim report and the final report to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.