HB 184-FN - AS INTRODUCED

 

 

2023 SESSION

23-0369

02/10

 

HOUSE BILL 184-FN

 

AN ACT relative to public notice requirements for zoning board of adjustment hearings.

 

SPONSORS: Rep. Renzullo, Hills. 13; Rep. Wherry, Hills. 13; Sen. Carson, Dist 14

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill allows municipalities to post public notice for zoning board of adjustment hearings on the town website, if available, instead of in a newspaper publication.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0369

02/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to public notice requirements for zoning board of adjustment hearings.

 

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

 

1  Public Hearing; Notice.  Amend RSA 676:7, I to read as follows:

I. Prior to exercising its appeals powers, the board of adjustment shall hold a public hearing. Notice of the public hearing shall be given as follows:

(a) The appellant and every abutter and holder of conservation, preservation, or agricultural preservation restrictions shall be notified of the hearing by verified mail, as defined in RSA 21:53, stating the time and place of the hearing, and such notice shall be given not less than 5 days before the date fixed for the hearing of the appeal. The board shall hear all abutters and holders of conservation, preservation, or agricultural preservation restrictions desiring to submit testimony and all non-abutters who can demonstrate that they are affected directly by the proposal under consideration. The board may hear such other persons as it deems appropriate.

(b) [A public notice of the hearing shall be placed in a newspaper of general circulation in the area not less than 5 days before the date fixed for the hearing of the appeal.] The notice required under this section shall not include the day notice is posted or the day of the public hearing.  Notice of each public hearing shall be published in a paper of general circulation in the municipality and shall be posted in at least 2 public places.

(c)  In lieu of publication in a paper of general circulation pursuant to subparagraph (b), notice may be posted on the municipality's Internet website, if such exists.  If notice is posted on the municipality's website in lieu of publication in a paper of general circulation, the notice shall:

(1)  Appear prominently on the website's home page, or a direct link to the notice shall appear prominently on the home page;

(2)  Be posted at the time stated in subparagraph (a) and shall remain on the website until the conclusion of the hearing; and

(3)  Be posted in 2 other public places.

2  Effective Date.  This act shall take effect January 1, 2024.

 

LBA

23-0369

12/6/22

 

HB 184-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to public notice requirements for zoning board of adjustment hearings.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2024 through 2026.

 

AGENCIES CONTACTED:

New Hampshire Association of Counties