New Laws in Nh 2020

It is recommended that any existing or proposed use of land for religious purposes claiming the protection of RSA 674:76 provide an affidavit such as the attached. To make matters worse, the law does not define a “significant burden.” Municipalities wishing to impose eligible local zoning plan bylaws on eligible religious lands or structures should carefully consider whether the local bylaws would not place an undue “significant burden” on the practice of religion. If a state land use ordinance significantly interferes with a religious practice, such land use regulation must be necessary to achieve a compelling state interest. State v. Mack, 249 A.3d 423 (N.H. 2020). A careful analysis of any use requesting an exemption from the zoning and site review is warranted, and we recommend that you consult legal counsel on this matter. In the fall of 2019, the Governor`s Task Force on Housing released a number of recommended legislative changes to address the housing shortage, including additional training and tools for communities. These recommendations were included in HB 1629 and HB 1632 in 2020, HB 586 in 2021 and SB 400 in 2022. After lengthy negotiations, some provisions of SB 400 were attached to HB 1661 and became law.

HB 1021 was modeled after the Massachusetts Dover Amendment, enacted in 1950 in response to local zoning ordinances banning religious schools in residential neighborhoods of a city. However, the exact wording of the two statutes differs. The relevant part of New Hampshire reads as follows: The revised laws of New Hampshire contain the laws passed by the New Hampshire legislature. These laws and the provisions of the New Hampshire Constitution are often interpreted by the New Hampshire Supreme Court, which is the state`s only appellate court. The U.S. District Court for the District of New Hampshire also makes decisions that may affect New Hampshire residents. The Court of Appeals for the First Circuit has jurisdiction to review decisions of the District Court for the District of New Hampshire. Sometimes the U.S. Supreme Court may hear a case that has been appealed by the First Circuit or the Supreme Court of New Hampshire. Residents of New Hampshire are subject to the federal laws of the State of New Hampshire and the United States. Federal laws apply in New Hampshire as in all 50 states.

In addition to the U.S. Constitution, which is the supreme law of the United States, federal laws contain laws that are regularly codified in the United States Code. Federal statutes also include court decisions interpreting federal statutes. Finally, federal statutes contain regulations made by federal administrative agencies to implement federal laws. You can explore federal legislation and related resources by visiting the Federal Law section of Justi`s website. Please understand that this article only provides an overview of the changes made to these laws. Many of the issues described here require careful consideration of existing local ordinances and regulations, and communities are strongly advised to consult with their legal counsel or professional planning staff when considering compliance with the new law. NHMA legal department and OPD staff are also available to answer questions about the law, although we do not have the resources to help review and draft local orders or regulations. However, we have prepared an affidavit to help communities comply with HB 1021. This affidavit follows these instructions.

The new law, which went into effect on July 1, 2022, would roll out all municipal restrictions — but is silent on state and federal regulations, meaning they would continue to apply — to land or structures used primarily for religious purposes. However, the new law would likely allow for a site plan review, limited to controlling the height of structures, yard size, land area, setbacks, and building coverage requirements, provided that these requirements also apply to non-religious and religious uses and do not weigh heavily on religious practice. Planning committees should be aware that other site plan review requirements, such as lighting, signage, noise, on-site and off-site drainage, erosion and sediment control, street and sidewalk design, utility planning and installation, open space, permeable or impervious areas, Landscaping and park and access management requirements, etc., do not apply to eligible religious property. Legally permitted enforcement of state and federal laws, such as However, compliance with state building and fire codes, local entry regulations, wastewater and wastewater regulations, shoreline protection requirements, wetlands, etc. would continue to apply to eligible properties. The state of New Hampshire also has its own state laws. The laws of the State of New Hampshire include the Constitution of New Hampshire, laws passed by the New Hampshire legislature and periodically codified in the revised regulations of New Hampshire, and court decisions interpreting the laws of New Hampshire. To deal with these new laws, a church would first have to ask a few questions. Most of these measures require updates to the procedures of local land-use authorities, but some may require input from other local officials. Der 23. August is the deadline to register these fees in accordance with the law.

Therefore, all municipalities should check what land use fees, if any, are posted on their websites or in another publicly accessible location. Municipalities that do not have such publications are encouraged to create a central list, which may be published either in a special section of their website, on the municipality`s bulletin board or in another place accessible to the public during business hours to comply with the law. This list of fees should include the costs of the Planning Committee, the Zoning Committee for Adaptation, the Historic District Commission, the Building Inspector and the Building Code Appeal Board. (Valid from 23. August 2022) This document was acknowledged before me on (date) by (name(s) of person(s)) as the duly authorized representative of (name of the part of the religious organization on whose behalf the document was executed).

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