HB 312 - AS INTRODUCED

 

 

2019 SESSION

19-0483

11/10

 

HOUSE BILL 312

 

AN ACT relative to municipal regulation of tiny houses.

 

SPONSORS: Rep. Testerman, Merr. 2

 

COMMITTEE: Municipal and County Government

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill defines tiny houses and provides for the authority and requirements for municipal regulation.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0483

11/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to municipal regulation of tiny houses.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Tiny Houses.  Amend RSA 674 by inserting after section 73 the following new subdivision:

Tiny Houses

674:74  Definition.  As used in this subdivision, "tiny house" means a small structure intended for year-round occupancy that meets the requirements of the state building code, as defined in RSA 155-A, and may include single-room structures, and which is built on either a permanent foundation or on a chassis that is suitable for registration for transport on public highways of the state.

674:75  Individual Tiny Houses.

I.  A municipality that adopts a zoning ordinance pursuant to the authority granted in this chapter shall allow tiny houses as a matter of right in all zoning districts that permit single family dwellings, and may allow in its discretion tiny houses in all other districts.

II.  If a municipality permits detached accessory dwelling units pursuant to RSA 674:73, it shall permit a tiny house as a detached accessory dwelling unit.  Municipalities allowing tiny houses pursuant to this paragraph may require additional lot area if it has such a requirement for detached accessory dwelling units, and may require the tiny house meet the municipality's zoning dimensional standards for detached accessory dwelling units if such standards exist.

III.  A tiny house used for habitation shall be connected to both a public water system or a private well and to a public sewer system or a subsurface wastewater disposal system that has been approved by the department of environmental services.  Alternatively, a tiny house used for habitation may include self-contained drinking water and sanitary systems.

IV.(a)  If built on a chassis, a tiny house used for habitation shall be taxable as real estate, but shall not otherwise be regarded as real property.

(b)  If a tiny house is located on the land of another, the owner of the tiny house shall be liable for property taxes on the tiny house according to RSA 72:7-a unless exempted under RSA 72:7-d.

674:76  Tiny House Parks.  Municipal zoning ordinances shall also make provision for locating tiny homes in group park settings of at least 4 units, in which no more than one of the units may be the property owner.  Units shall be adequately spaced to allow for access by fire-fighting apparatus.  The overall lot size shall be at least 10,000 square feet, but if the park is not served by public water and sewer, then the park or units shall meet the minimum overall lot-size standards for a community system.  The property owner shall have discretion to use either individual lots or a single lot and either individual or community wastewater and drinking systems.

2  Effective Date.  This act shall take effect 60 days after its passage.