2jan02...1185h

17apr02...3496eba

2002 SESSION

01-0844

10/09

HOUSE BILL 701

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill allows for the adoption of zoning ordinances and subdivision regulations which encourage the use and installation of, and access to, solar, wind, and other renewable energy systems.

This bill is a request of the committee established in 1999, 47 and amended and extended by 2000, 61.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2jan02...1185h

17apr02...3496eba

01-0844

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

73:1 Declaration of Purpose of Zoning. Amend RSA 672:1, III-a to read as follows:

III-a. Proper regulations encourage energy efficient patterns of development, the use of solar energy, including adequate access to direct sunlight for solar energy uses, and the use of other renewable forms of energy, and energy conservation. Therefore, zoning ordinances should not unreasonably limit the installation of solar, wind, or other renewable energy systems or the building of structures that facilitate the collection of renewable energy, except where necessary to protect the public health, safety, and welfare;

73:2 Purposes of Zoning Ordinances. Amend RSA 674:17, I(h)-(i) to read as follows:

(h) To assure proper use of natural resources and other public requirements; [and]

(i) To encourage the preservation of agricultural lands and buildings; and

(j) To encourage the installation and use of solar, wind, or other renewable energy systems and protect access to energy sources by the regulation of orientation of streets, lots, and buildings; establishment of maximum building height, minimum set back requirements, and limitations on type, height, and placement of vegetation; and encouragement of the use of solar skyspace easements under RSA 477. Zoning ordinances may establish buffer zones or additional districts which overlap existing districts and may further regulate the planting and trimming of vegetation on public and private property to protect access to renewable energy systems.

73:3 Subdivision Regulations. Amend RSA 674:36, II(i)-(j) to read as follows:

(i) Prescribe minimum areas of lots so as to assure conformance with local zoning ordinances and to assure such additional areas as may be needed for each lot for on-site sanitary facilities; [and]

(j) Include provisions which will tend to create conditions favorable to health, safety, convenience, or prosperity; and

(k) Encourage the installation and use of solar, wind, or other renewable energy systems and protect access to energy sources by the regulation of orientation of streets, lots, and buildings; establishment of maximum building height, minimum set back requirements, and limitations on type, height, and placement of vegetation; and encouragement of the use of solar skyspace easements under RSA 477.

73:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 1, 2002)

(Effective Date: June 30, 2002)