Senate Bill 188, titled "The Speeding Development Act," is intended to facilitate speedier and more efficient development by authorizing private third parties to certify documents and inspect buildings in compliance with applicable building and other codes – excluding fire safety codes. NHAR supports the legislation.
The bill allows property owners to use private providers for building code inspections and plan reviews conducted by licensed professionals, including engineers, architects, or building code administrators. Those licenses must adhere to all applicable codes and standards set forth by the state building code pursuant. The choice to use private providers is up to the applicant and cannot be overruled by the town.
During the hearing on the bill, the NH Municipal Association objected, arguing that this is “an entirely new framework for inspections and review,” while proponents argued that the current process in some communities can be slow and unnecessarily cumbersome. The Senate Commerce Committee unanimously supported the measure, and it is on the Senate’s consent calendar later this week.
Minimum lot sizes, Part 2
House Bill 459 is intended to curb municipal authority in setting unreasonable minimum lot sizes. The bill is similar in its intent to Senate Bill 84, the summary of which can be found here. HB 459 states that in the majority of land zoned for single-family residential in a municipality, for lots not serviced by municipal sewer infrastructure, no ordinance can require lot size for single-family residential larger than is required by the NH Department of Environmental Services regulations.
That means, for instance, if a proposed septic met all laws and regulations relative to septic design for construction on a half-acre, that is all the town could mandate for a lot size, unless the town provides “empirical evidence” that the health or safety of the community will be “meaningfully impacted” without the ability to require larger lot sizes.
For lots serviced by municipal water and sewer, the town could not require a lot greater than 22,000 square feet. NHAR is working with a broad coalition, including the NH Business and Industry Association, to pass the bill.
The House Housing Committee will likely take action on HB 459 later this month. We also expect the Senate Commerce Committee to vote on SB 84 in the next week, before sending that bill to the full Senate.
Clearing up OPLC complaints
Senate Bill 185 is an attempt to clear up the large backlog of complaints at the various boards and commissions at the Office of Professional Licensing (OPLC). Currently, over 3,000 complaints, some several years old, are waiting to be processed. Numerous real estate licensees and consumers are caught up in the backlog, which prompted NHAR to ask for this bill
The bill requires that upon receipt of an allegation of professional misconduct,? within 30 days ?the OPLC must determine whether the allegation states a claim of professional misconduct on its face.
If the complaint does meet a claim of misconduct, the OPLC would have 60 days to complete the investigation and report to the board at its next regularly scheduled meeting. ?If the investigation is incomplete, the board at its own discretion may either instruct the office to continue with its investigation or make a final determination on the claim within 60 days of receipt.
The Senate Executive Departments Committee will likely take action on the bill before the end of the month.
End of lease bill passes first test
Last week, House Bill 60, which makes the end of the lease a "good cause" to evict, passed out of the House of Representatives. NHAR had testified in favor of the bill. The Senate will take up the bill later this spring.
Quote of the Week
“This is New Hampshire being a national leader on tackling the housing crisis. ... Minimum lot size reforms is one the most important land use items. (HB 459) is a pragmatic, fair way to do this.”
–Samuel Cooper, Legislative Counsel for the Institute of Justice, testifying in favor of House Bill 459. The Institute of Justice is the premier national public interest law firm advocating for private property rights.
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For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.