HB365: relative to governmental land uses.

HB 365 - AS INTRODUCED

2003 SESSION

03-0098

06/10

HOUSE BILL 365

AN ACT relative to governmental land uses.

SPONSORS: Rep. Langley, Rock 88; Rep. Naro, Graf 15; Rep. M. Cooney, Graf 15; Rep. Hughes, Rock 88; Sen. Cohen, Dist 24

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires the planning board or the governing body of a municipality to hold a public hearing on any proposed governmental land use and requires the body to issue nonbinding written comments relative to the conformity or nonconformity of the proposal to normally applicable land use regulations.

This bill makes nongovernmental use, construction, or development of governmentally owned or occupied land, subject to all local land use regulations.

This bill also requires that the zoning board of adjustment approve of any use, construction, or development on governmentally owned or occupied land which would be a violation of the physical land use regulations contained in the local zoning ordinance.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0098

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to governmental land uses.

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

1 Governmental Land Uses; Local Governing Body or Planning Board Hearing and Comments. Amend RSA 674:54, II to read as follows:

II. The state, university system, county, town, city, school district, or village district shall give written notification to the governing body and planning board, if such exists, of a municipality of any proposed governmental use of property within its jurisdiction, which constitutes a substantial change in use or a substantial new use. Written notification shall contain plans, specifications, explanations of proposed changes [available at the time], a statement of the governmental nature of the use as set forth in paragraph I, and a proposed construction schedule. Such notification shall be provided at least 60 days prior to the beginning of construction. Either the governing body or planning board of the municipality [may] shall conduct a public hearing relative to the proposed governmental use. Any such hearing shall be held within 30 days after receipt of notice by the governing body or planning board. A representative of the governmental entity which provided notice shall be available to present the plans, specifications, and construction schedule, and to provide explanations. The governing body or planning board [may] shall issue nonbinding written comments relative to conformity or nonconformity of the proposal [with] to normally applicable land use regulations to the sponsor of the governmental use within 30 days after the hearing.

2 Governmental Land Use; Local Land Use Regulations. Amend RSA 674:54, II-a to read as follows:

II-a. Any use, construction, or development of land occurring on governmentally owned or occupied land, but which is not a governmental use as defined in paragraph I, shall be fully subject to all local land use regulations.

3 New Paragraph; Governmental Land Use; Zoning Board of Adjustment Approval. Amend RSA 674:54 by inserting after paragraph II-a the following new paragraph:

II-b. Any use, construction, or development occurring on governmentally owned or occupied land which would violate the physical land use regulations contained in the local zoning ordinance including building set back, building height, lot sizes, percentage of a lot that may be occupied, lot frontage and access requirements, shall be referred to the zoning board of adjustment or its equivalent for approval.

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