HB63: relative to religious use of land and structures.

HB 63 - AS INTRODUCED

2023 SESSION

23-0183

10/08

HOUSE BILL 63

AN ACT relative to religious use of land and structures.

SPONSORS: Rep. Gallager, Merr. 20; Rep. Rung, Hills. 12; Rep. Mooney, Hills. 12

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits zoning ordinances and local land use regulations from burdening religious land and structures in their use as residential housing.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0183

10/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to religious use of land and structures.

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

1 Planning and Zoning; Religious Use of Land and Structures; Housing. RSA 674:76 is repealed and reenacted to read as follows:

674:76 Religious Use of Land and Structures.

I. No zoning ordinance or local land use regulation shall prohibit, regulate, or restrict the use of land or structures based solely on the religious nature of the use.

II. No zoning ordinance or local land use regulation shall impose a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the regulation is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. The building of housing to house the unhoused by a religious organization shall qualify as religious exercise under this section.

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