MODEL DRAFT v2.1.4 — NOT LEGAL ADVICE — NOT FILED — NOT ATTORNEY-REVIEWED

This is a model draft for discussion only. It is not legal advice, was not prepared by a licensed attorney, and every citation must be verified by NH Office of Legislative Services or counsel before use. It has not been introduced in the General Court.

AN ACT relative to statewide maximum minimum lot sizes, frontage, and private-way access for single-family homes, and relative to deadlines for planning board and building permit decisions.

Sec. 1 Purpose. To cap municipal minimum lot size and frontage requirements for single-family homes statewide, to preserve state environmental (DES) protections for water supply and wastewater, and to add a fee-refund and fee-shifting remedy when planning boards or building officials miss the statutory decision deadline.

Sec. 2 New Section; RSA 674:16-b. Amend RSA 674 by inserting after section 16-a the following new section:
674:16-b Maximum Minimum Lot Size and Frontage for Single-Family Lots.
I. Definitions. "Single-family lot" means a lot proposed or used for one detached single-family dwelling, with or without one accessory dwelling unit under RSA 674:71–73.
II. Maximum minimum lot size. No zoning ordinance, subdivision regulation, or site plan regulation adopted under RSA 674 or RSA 675 shall require a minimum lot area greater than one-half acre (21,780 square feet) for a single-family lot.
III. Maximum minimum frontage. No such ordinance or regulation shall require more than 100 feet of frontage for a single-family lot.
IV. Private ways. Frontage required under paragraph III may be satisfied on a private way, and a building permit shall not be denied solely because the lot fronts on a private way, provided the requirements of RSA 674:41, I(d) are met, including notice that the municipality is not responsible for maintenance or liability.
V. Environmental savings. Nothing in this section limits the authority of the department of environmental services under RSA 485-A, including RSA 485-A:29 through RSA 485-A:30-b, or rules adopted thereunder, including Env-Wq 1000, to require greater lot area, setbacks, or soils-based lot sizing for water supply and subsurface wastewater disposal. Where the department requires a greater area, the department's requirement governs.
VI. Geometry. A municipality may adopt reasonable lot-shape, setback, and buildable-area standards, provided such standards do not, alone or in combination, effectively require more lot area than paragraph II or more frontage than paragraph III allows.
VII. Conflict. Any ordinance or regulation inconsistent with this section is unenforceable to the extent of the inconsistency.
VIII. Construction. Nothing in this act shall be construed to authorize a lot or system that does not meet the minimum lot size, soil, or setback requirements of RSA 485-A or rules adopted under it. Where those requirements exceed the maximums in this section, the department's requirement governs. This act shall not be construed to limit development of any lot lawfully created before its effective date, or to override municipal regulations unrelated to minimum lot size or frontage.

Sec. 3 Planning Board Deadline Remedy. Amend RSA 676:4, I(c) by inserting at the end the following new subparagraph:
(3) If the planning board fails to act on a completed application within the 65-day period required by this subparagraph, as extended under this subparagraph, then, in addition to the applicant's existing remedies for deemed approval under this subparagraph:
(A) the municipality shall refund to the applicant all application and review fees paid to the municipality for that application, within 30 days of the applicant's written request; and
(B) where the application is a subdivision plat for residential lots that conform to RSA 674:16-b and the applicant obtains relief in superior court under this subparagraph, the court shall award the applicant reasonable costs and attorney's fees.
Nothing in this subparagraph shortens or otherwise changes the 65-day period or the extension provisions of this subparagraph.

Sec. 4 Building Permit Deadline Remedy. Amend RSA 155-A:4 by inserting after paragraph X the following new paragraph:
XI. If a building official fails to grant or deny a building permit application within the period required by paragraph IX:
(a) the municipality shall refund the building permit fee paid for that application within 30 days of the applicant's written request; and
(b) the building official shall not thereafter deny the application as incomplete for any reason not stated in writing to the applicant within that period.
This paragraph does not create a new deadline and does not change the period in paragraph IX.

Sec. 5 Applicability. This act applies to applications filed on or after its effective date.

Sec. 6 Effective Date. This act shall take effect 60 days after its passage.

MODEL DRAFT for discussion. Not legal advice. Not prepared or reviewed by a licensed attorney. Not filed or introduced. All RSA and rule citations, section numbering, and interaction with other 2026–2027 bills require verification by NH Office of Legislative Services and counsel.