Dear Members of Committee; I oppose this Bill HB 1079, as the State already has a process to "legitimize" non-conformance due to dimensional violations of structures: RSA 674:33-a Equitable Waiver of Dimensional Requirements.
HB1079
House · 2026 sessionDemocraticSigned into lawAccessory units in nonconforming buildings
AIExpands the definition of accessory dwelling units to allow them to be built within or attached to certain nonconforming structures.
allowing accessory dwelling units to be built within or attached to certain non-conforming structures.
Status
Signed into law · July 9, 2026- ✓Introduced
- ✓House
- ✓Senate
- ✓Governor
- ✓Law
Division of testimony
12 submissionsI am not sure what this bill is designed to accomplish, but I reject the whole concept. I have a storage shed within a couple feet of the corner of my property which I rarely use and produces no noise or smell which could be objectionable to neighbors. It would be annoying to them if this was converted to an ADU, and I would never do it, but now I could be taxed on that possibility. It is reasonable to require a larger setback for dwelling units than for storage units.
The Members of the NH Council on Developmental Disabilities (NHCDD) believes this bill could have a positive impact on the NH disability community.
Dear Members of the Housing Committee, I write in strong support of HB 1079 and urge the committee to recommend the bill as Ought to Pass. HB 1079 provides needed statutory clarity and a practical framework that supports housing production while respecting municipal planning authority. The bill addresses structural and procedural barriers that, if left unresolved, continue to constrain housing supply, increase development uncertainty, and contribute to higher housing costs across New Hampshire. From a housing-policy perspective, predictability and clarity are essential. HB 1079 improves both by reducing ambiguity in local decision-making authority and aligning municipal processes with modern housing needs. When rules are clear and consistently applied, communities are better able to plan responsibly, developers can more accurately assess feasibility, and housing projects are more likely to move forward without unnecessary delay or litigation. Importantly, HB 1079 preserves local control while establishing reasonable guardrails. It does not mandate outcomes or override local zoning decisions; instead, it ensures that municipalities have clearly defined authority and discretion to manage growth in a way that aligns with adopted master plans, housing strategies, and infrastructure capacity. This balance is critical to producing housing at scale without undermining community planning. The housing crisis facing New Hampshire is fundamentally a supply problem. Bills like HB 1079 help address that problem indirectly but meaningfully by removing procedural friction that discourages housing development and drives up costs. Over time, these barriers translate into fewer units, higher rents, and reduced options for workers, seniors, and young families. HB 1079 also represents sound fiscal policy. By improving planning efficiency and reducing uncertainty, it helps avoid costly disputes and minimizes the risk that growth-related costs will be shifted onto existing property taxpayers. For these reasons, HB 1079 is a well-crafted, enabling measure that advances housing goals without imposing mandates or eroding local decision-making. I respectfully urge the Housing Committee to recommend Ought to Pass. Thank you for your careful consideration of this important legislation. Respectfully, David Preece State Representative, Hillsborough District 17 New Hampshire House of Representatives
Position recorded without written comment.
Position recorded without written comment.
Position recorded without written comment.
Position recorded without written comment.
Position recorded without written comment.
Position recorded without written comment.
Position recorded without written comment.
Position recorded without written comment.