The New Hampshire Special Committee on Housing convened on February 22, 2025, to discuss significant changes to zoning laws aimed at addressing housing challenges in the state. The meeting highlighted the historical context of zoning regulations and proposed new legislation that seeks to ensure zoning ordinances are justified by health and safety standards.

A key focus of the discussion was the historical evolution of zoning laws, tracing back to a Supreme Court case from nearly a century ago that established zoning as a tool for community welfare rather than aesthetic preferences. The committee emphasized that current zoning practices often perpetuate exclusionary practices, such as redlining, which can hinder equitable access to housing.

Representative Reid introduced a bill that would require municipalities to demonstrate that any extraordinary restrictions on residential properties are based on the best scientific understanding of health and safety. This proposal aims to create a framework where towns can still implement zoning ordinances but must justify them with empirical evidence. The bill includes provisions for minimum house sizes, lot sizes, and the ability for homeowners to camp on their own property, among other regulations.

Concerns were raised about the bill's potential to complicate the zoning process. Some committee members argued that requiring empirical evidence could create barriers for municipalities, particularly in smaller towns where volunteer planning boards may struggle to meet these new demands. The New Hampshire Municipal Association expressed opposition to the bill, arguing that it could hinder local governance and complicate the zoning amendment process.

The committee acknowledged the need for clarity in the language of the bill, particularly regarding the definition of "empirical evidence" and the appeals process for zoning decisions. There was a consensus that while the intent of the legislation is to promote fair housing and prevent discriminatory practices, the execution must be carefully considered to avoid unintended consequences.

As the committee moves forward, there is a call for further refinement of the proposed legislation to ensure it effectively balances the need for housing development with the rights of municipalities to govern their zoning practices. The next steps will involve continued discussions and potential amendments to the bill to address the concerns raised during the meeting.