2001 SESSION

01-0474

09/01

HOUSE BILL 482

COMMITTEE: Municipal and County Government

ANALYSIS

This bill clarifies that local airport zoning regulations and procedures are subject to the provisions of RSA title 64, relative to planning and zoning, and repeals obsolete provisions regarding airport zoning procedures and enforcement.

This bill was requested by the division of aeronautics, department of transportation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0474

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

40:1 Airport Zoning; Permits and Variances. Amend RSA 424:6, II and III to read as follows:

II. VARIANCES. Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted hereunder may apply to the [board of appeals, as provided herein,] zoning board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations.

III. OBSTRUCTION MARKING AND LIGHTING. In granting any permit or variance under this section, the administrative agency or zoning board of [appeals] adjustment may, if it deems such action advisable to effectuate the purposes hereof and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.

40:2 New Section; Application of Zoning and Planning Laws to Airport Zoning Regulations, Procedures, and Appeals. Amend RSA 424 by inserting after section 6 the following new section:

424:6-a Application of Zoning and Planning Laws. The provisions of title LXIV shall apply to procedures for adoption of local airport zoning regulations, the administration and enforcement of the requirements of local airport zoning regulations, and procedures for rehearing and appeal from any action taken by a local land use board, building inspector, or the local legislative body with respect to airport zoning regulations.

40:3 Repeal. The following are repealed:

I. RSA 424:7, relative to procedure for adoption and administration of airport zoning regulations and board of appeals.

II. RSA 424:8, relative to applications of laws.

III. RSA 424:9, relative to enforcement and remedies.

40:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 8, 2001)

(Effective Date: August 7, 2001)