HB1359: relative to notice requirements for public hearings on certain zoning changes.

HB 1359-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-2024

06/09

HOUSE BILL 1359-FN-LOCAL

AN ACT relative to notice requirements for public hearings on certain zoning changes.

SPONSORS: Rep. Scott, Straf 71; Rep. Giuda, Graf 13; Rep. Twombly, Straf 67; Rep. Newton, Straf 67; Rep. M. Cooney, Graf 15; Sen. Kenney, Dist 3; Sen. Gallus, Dist 1

COMMITTEE: Municipal and County Government

ANALYSIS

This bill requires that notice of a proposal or amendment concerning a zoning ordinance that restricts an existing use of residential property or an expansion of a dwelling unit shall be sent by certified mail to the last known address of every property owner whose property is affected by the proposal or amendment. The notice shall indicate the official map and lot numbers of the property, the current zone, the proposed zone and the reason for the change. The notice shall be sent 30 days prior to the date of the vote on the proposed change.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2024

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to notice requirements for public hearings on certain zoning changes.

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

1 New Paragraphs; Notice to Owner of Land. Amend RSA 675:7 by inserting after paragraph II the following new paragraphs:

III. Notice of a proposal or amendment to the zoning ordinance which restricts an existing use of residential property or an expansion of a dwelling unit shall be sent by certified mail to the last known address of every property owner whose property is affected by the proposal or amendment.

IV. Notice of a proposal or amendment to the zoning ordinance which changes property from residential to non-residential use shall be sent by certified mail to the last known address of every property owner whose property is affected by the proposal or amendment and to all abutters of the land affected.

V. Notice sent under paragraphs III and IV shall indicate the official map and lot number of the property, the current zone, the proposed zone, and the reason for the change. The notice shall be sent 30 days prior to the date of the vote on the proposed change. The cost of notice shall be paid by the local land use board or local governing body.

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

LBAO

03-2024

7/25/03

HB 1359-FN-LOCAL - FISCAL NOTE

AN ACT relative to notice requirements for public hearings on certain zoning changes.

FISCAL IMPACT:

The New Hampshire Municipal Association and Department of Revenue Administration states this bill will increase local expenditures by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on state, county, and local revenue, or state and county expenditures.

METHODOLOGY:

The New Hampshire Municipal Association states this bill would require that property owners be notified by certified mail of any proposed zoning change that changes property from residential use to nonresidential use. The Association states the exact costs cannot be determined since it will depend upon a number of factors, including the number of communities proposing zoning amendments affecting residential property, the number of property owners in the affected zoning districts, the amount of information that must be sent to each property owner, and the amount of administrative staff time required to comply. Currently, the fee to send a single piece of certified mail is $2.30, which is in addition to the cost of postage, materials, and additional staff time.

The Department of Revenue Administration states they can administer the provisions of this bill within their current budget. This bill should have no fiscal impact on the state, but may increase local costs for the municipalities due to extra personal time, supplies and postage needed to identify the affected parties, send them notification, and track the certified notices.