House budget cuts HAB, HRC funding
This past week, the House of Representatives voted for a new two-year state budget (HB 2), which funds all operations of state government. The proposed budget eliminates funding for the Housing Appeals Board (HAB) and the Human Rights Commission (HRC).
The HAB provides an alternative forum to the New Hampshire Superior Court in zoning and planning cases, with the intent to reach decisions in a more timely and less expensive forum, and to be accessible to affected property owners, abutters, and municipalities.
Similarly, the HRC provides an alternative forum for enforcement of the law against discrimination in housing because of age, sex, sexual orientation, gender identity, race, creed/religion, color, marital status, familial status, disability, or national origin.
While the Bureau of Tax and Land Appeals was also on the chopping block, a last-minute floor amendment added funding to allow the BTLA to continue operations.
The Governor’s budget funded each of the boards. The NH Senate will now work on its version of the state budget with a final vote expected in May.
Budget mandates faster permitting by DES
Included in the House budget is a requirement that the New Hampshire Department of Environmental Services must complete the review for any permit, approval, or written authorization required for Fill and Dredge (RSA 482-A) and Water Pollution and Waste Disposal (RSA 485-A), including the following requirements:
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a) Reviews shall not exceed 60 days from receipt of all information as required by rules developed pursuant to paragraph IV;
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b) The time to complete the review may be extended with written authorization from the applicant;
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c) If the agency or department requests additional information from the applicant necessary to complete the review, the time it takes the applicant to respond shall not count against the 60-day timeline; and
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d) If the review period is not completed within the required timelines, except as provided for in subparagraph (c), then the permit, approval, or written authorization shall be deemed to not appreciably jeopardize the continued existence of a threatened or endangered species.
The Governor has made faster permitting a priority to lower the cost of construction. The Senate will now take the budget (HB 2) for review and an eventual vote next month.
Landlord must give payment options
House Bill 309 states that a landlord cannot require a tenant or prospective tenant to pay any amount due under a residential lease, renewal, or extension agreement solely via electronic funds transfer. The landlord would need to allow at least one other non-electronic form of payment, such as a check.
The bill has cleared the House and was heard last week in the Senate Commerce Committee.
No posting on other people’s property
Under state law (RSA 635:4), an owner can post on their private property a sign prohibiting such activities as hunting or trespassing. Apparently, some hunters were posting signs on private property which they did not own in order to prevent others from using the area to hunt. The statute was a bit ambiguous in terms of what the penalty for such activity is under NH law.
House Bill 87 states that any person who knowingly places a sign prohibiting certain physical activity on any land for which the person knows that they have no legal right, is guilty of a class B misdemeanor. There is a fine of $200 for a first offense or $500 for a second or subsequent offense.
The Senate Municipal Committee is recommending passage and will be on the Senate floor later this month.
Quote of the Week
“The last few years in New Hampshire it’s been a bit of a partisan issue, where Democrats have wanted to subsidize their way out of the housing issue and Republicans have really emphasized local control. This term, for once, we really are able to come together in a bipartisan way.”
–Sen. Keith Murphy, R-Manchester (“New Hampshire Republicans’ Crusade Against Snob Zoning,” Governing Magazine, April 7, 2025)
For more information, contact New Hampshire Realtors CEO Bob Quinn: bob@nhar.com.