HB92: (New Title) requiring recusal of members of zoning boards of adjustment and planning boards in certain circumstances.

CHAPTER 108

HB 92 - FINAL VERSION

20Feb2025... 0317h

04/17/2025 1472s

2025 SESSION

25-0125

06/05

HOUSE BILL 92

AN ACT requiring recusal of members of zoning boards of adjustment and planning boards in certain circumstances.

SPONSORS: Rep. Alexander Jr., Hills. 29; Rep. Maggiore, Rock. 23; Rep. Mazur, Hills. 44; Rep. Lascelles, Hills. 14; Rep. J. MacDonald, Carr. 6; Rep. Seidel, Hills. 29; Rep. Sellers, Graf. 18; Sen. Innis, Dist 7; Sen. Murphy, Dist 16

COMMITTEE: Municipal and County Government

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AMENDED ANALYSIS

This bill requires individuals serving on both the planning board and zoning board of adjustment to recuse themselves from voting on matters previously decided by the other board on which they serve.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Feb2025... 0317h

04/17/2025 1472s 25-0125

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT requiring recusal of members of zoning boards of adjustment and planning boards in certain circumstances.

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

108:1 New Paragraph; Zoning Board of Adjustment Membership. Amend RSA 673:3 by inserting after paragraph IV the following new paragraph:

V. When a member also serves on a planning board, the individual shall recuse herself or himself from voting on matters previously decided by or pending before the planning board in a quasi-judicial capacity in which the member participated as a voting member.

108:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 23, 2025

Effective Date: August 22, 2025