We need to solve the housing crisis, but we also need to protect our lakes. Our lakes are at a tipping point. Increasing human impacts (soil compaction, run-off, clearing, etc) along our fragile shorelines would be detrimental to water quality, which is directly linked to the tourism and tax bases of municipalities and the state as a whole. The municipalities should be able to decide if ADU’s within the protected shoreline will cause more harm than good.
HB1540
House · 2026 sessionDemocraticDied in conferenceHousing, health, and salon licensing rules
AIAddresses municipal health ordinances and accessory dwelling units and revises on-premises license rules for licensed barbershops and salons.
(Second New Title) relative to municipal health ordinances and accessory dwelling units and relative to on-premises licenses for licensed barbershops and salons.
Status
Died — conference committee did not agree · June 2, 2026- ✓Introduced
- ✓House
- ✕Senate
- Governor
- Law
Division of testimony
139 submissionsArgument digest · AI-generated
from 91 of 91 written submissionsHB1540 would let municipalities decide whether detached accessory dwelling units (ADUs) are allowed by-right within the state's protected shoreland (within 250 feet of lakes, rivers, and other water bodies), rather than requiring towns to permit them automatically as under current law. The overwhelming majority of submitters support the bill as a targeted way to protect water quality and restore local control, while a small minority argue existing regulations are already sufficient and that added restrictions burden property owners without addressing the state's real problems.
- Protected shoreland is critical to water quality and needs protection from developmentSupport55 of 91 reviewed
The dominant argument is that shoreland buffers filter pollution, stabilize soil, and reduce runoff, and that automatically allowing ADUs there would increase impervious surfaces, erosion, and pollution risk to lakes and rivers.
“The protected shoreland is one of the most critical areas for lake and river health. This natural buffer is the last line of defense, filtering pollution, stabilizing soils, and reducing runoff water before it reaches lakes and rivers.”
— William Johnson, Moultonborough · #540360 — read full submission →
“Automatically allowing ADUs in the protected shoreland could lead to more impervious surfaces, soil compaction, land clearing, and polluted runoff, increasing the risk of water quality impacts.”
— Nancy Heckel, South Sutton · #549752 — read full submission →
“Increased occurrences of cyanobacteria in Lake Winnipesaukee is threatening the environmental and economic value of the area. Allowing building within protected areas would increase the risk of damaging the lake.”
— Mary Lyon, Wolfeboro · #543594 — read full submission →
- Restores local/municipal control over shoreland ADU decisionsSupport25 of 91 reviewed
Many submitters emphasize that the bill's core purpose is to give towns, which know their own waterbodies and conditions best, the authority to decide whether detached ADUs are appropriate near the water rather than a one-size-fits-all state mandate.
“Municipalities are familiar with their own bodies of water and the need to protect their shoreline. The decision making about ADU's to be built within protected shoreline should be made only in areas that are appropriate as decided by a community's municipality not by a broader state law.”
— Sally Keating, New London · #546063 — read full submission →
“I support local communities ability and right to make their own decisions without obstruction from the state.”
— Cynthia Carlson, Nashua · #542771 — read full submission →
“Decisions about environmental impacts on lakes should be made on a case by case basis. Local expertise should be paramount.”
— Elaine Troy, Enfield · #552481 — read full submission →
- Bill balances housing needs with environmental protectionSupport15 of 91 reviewed
A number of submitters state they generally support ADUs and the need for more housing, but argue the protected shoreland is a special case where environmental protection should take priority, or that the bill strikes an appropriate balance between the two goals.
“I am not opposed to encouraging more ADUs. In fact, it is something I strongly support. Encouraging the creation of more ADUs is a good idea as long as it does not come at the expense of damaging critical resources.”
— Russell Wilder, Alton · #544289 — read full submission →
“We need both - shoreline protection to keep our water clean AND housing units to help meet the needs of our communities. This bill will help strike the right balance giving some control to the municipality.”
— Kimberley Quirk, Enfield · #548468 — read full submission →
- Personal observation of shoreline degradation supports stricter oversightSupport10 of 91 reviewed
Some lakefront property owners describe firsthand experience with erosion, septic strain from short-term rentals, or construction damage near their own shoreline, and use that experience to argue for tighter local oversight of ADU construction.
“We have battled erosion and invasive plants along our shorefront since purchasing the property 10 years ago. Construction along our lake has dramatically increased over the past several years”
— Bob Grazer, Madison · #542185 — read full submission →
“It puts a strain on the septic systems, many of which are old and not closely regulated. There is no need to compound this problem by doubling the amount of dwellings in an already densely populated shoreline.”
— Nancy Dziki, Hebron · #542748 — read full submission →
“As a swimmer, snorkeler and a week watcher, the lake bottom has changed dramatically with sediment from the construction.”
— Betsy Cetron, New London · #546237 — read full submission →
- Water quality is tied to tourism, property values, and the tax baseSupport6 of 91 reviewed
Some submitters frame lake and shoreline protection as an economic issue, arguing that clean water supports tourism revenue and property values that New Hampshire's towns depend on.
“Lake pollution will degrade the environment, reduce tourist dollars and lower lakeside property values, thereby lowering property taxes, which are vital to New Hampshire's towns.”
— Elizabeth Rogerson, Madison · #542145 — read full submission →
“The quality of our lakes has been diminishing. Protecting the quality of our lakes and water is an economic necessity.”
— Tonya Albee, Wolfeboro · #540473 — read full submission →
- Existing regulations already sufficient; new restriction is an unnecessary burdenOppose1 of 91 reviewed
At least one opponent argues that existing septic and shoreland regulations already provide adequate protection, and that further restricting ADUs burdens homeowners who use them for family housing or rental income, distracting from the real issue of rising property taxes.
“NH_DES DSS septic requirements already provide enough protections and restrictions for use of our over-taxed homes and properties.”
— E. J. LaCoursiere, Meredith · #540978 — read full submission →
“We do not need to have further restriction from "do-gooder" carpet bagger's on local town boards.”
— E. J. LaCoursiere, Meredith · #540978 — read full submission →
Generated by claude-sonnet-5 (claude code agent) on Jul 22, 2026. Quotes are verbatim excerpts, verified against the cited submission before publication. Summaries are AI interpretation of the record, not part of it.
As a resident of New London who owns two properties in the Pleasant Lake Watershed, very near the shoreline, I fully appreciate the degree to which the protected shoreland is one of the most critical areas for lake and river health. This natural buffer is the last line of defense, filtering pollution, stabilizing soils, and reducing runoff water before it reaches lakes and rivers. Automatically allowing ADUs in the protected shoreland can - AND WILL - lead to more impervious surfaces, soil compaction, land clearing, and polluted runoff, increasing the risk of water quality impacts. Human nature, in all its glorious entitlement, assumes an attitude of domination over the natural world as well as over those who are marginalized. I know: I am a clinical social worker who researches, studies, and works with diverse populations to treat trauma resulting from attitudes of power and control. HB 1540 is a targeted fix that applies only to the protected shoreland. It restores a municipality’s ability to decide whether detached ADUs are appropriate near the water, helping communities balance housing flexibility with the shoreline protections our lakes depend on. Our lakes cannot speak for themselves. We must listen to them, hear their silent cries as so many reach environmental tipping points, and advocate for their health, which translates into health for human populations as well.
I feel that towns should have the right to manage ADUs given beack to them. Particularly in sesitive areas of own like protected shoreline.
Decisions about environmental impacts on lakes should be made on a case by case basis. Local expertise should be paramount. Requiring blanket approvals makes no sense. Local zoning, local topography, local conditions of density, pavement, run-off, etc. should be deciding factors in permitting.
Our bodies of water are precious. They need our help to be protected. Please allow the town to do their part to protect the shore lands. Greedy people will build ADUs without concern for water people as they rent them out as Air BnBs. Our housing shortage is not helped!
This change is needed in order to enable individual towns to protect the water bodies of our state. Water quality is critical to the economy of our state and critical to the health of citizens whose towns draw their drinking water from the lakes.
The main concern is the effect on water quality caused by runoff and erosion if accessory dwelling unit construction is not carefully regulated.
I believe in a change because I think we should be able to decide for ourselves, as a town, whether and under what conditions to allow ADUs in protected shorelands.
I support this change because I believe that we should be able to decide for ourselves, as a town, whether and under what conditions to allow ADUs in protected shorelands.
This presents a balanced approach and respects the rights of local communities to set standards.
Towns need to have power to make discretionary decisions to protect our lakes.
ADUs are a fabulous idea to create more affordable housing, however, municipalities should always have the last say in how they control and protect their shorelines.
As President of the Mascoma Lake Association, I know how important it is to protect our shorelines. This bill will aid in that critical work by giving communities flexibility to balance housing needs with shoreline impacts. Our state faces both a housing crisis and an environmental crisis for its 1,000 lakes, particularly the widespread rise of cyanobacteria. While all our lakes are threatened by multiple factors degrading water quality, conditions vary widely by location. Restoring municipal authority over ADUs in protected shoreline areas will give local officials the room they need to make the right decisions for a given town and its waterbodies. I urge you to vote HB1540 OTP. Thank you.
The protected shoreland is one of the most critical areas for lake and river health. This natural buffer is the last line of defense, filtering pollution, stabilizing soils, and reducing runoff water before it reaches lakes and rivers. Automatically allowing ADUs in the protected shoreland could lead to more impervious surfaces, soil compaction, land clearing, and polluted runoff, increasing the risk of water quality impacts. HB 1540 is a targeted fix that applies only to the protected shoreland.
I support the bill because it will protect the shore land by restricting ADUs by right. ADU by right would facilitate development along our precious lake and river fronts and diminish the natural defenses that keep our waters pure and safe. HB 1540 is a piece of targeted legislation that applies only to protected shore land and restores local decision making to the community.
Chair and Members of the Committee, I am in support of HB 1540. HB 1540 is a thoughtful, targeted bill that restores local decision-making in one of New Hampshire’s most environmentally sensitive areas: the protected shoreland—land within 250 feet of our lakes, rivers, ponds, and coastal waters. Accessory dwelling units can be an important housing option, and nothing in this bill prevents communities from allowing them. What HB 1540 does is clarify that municipalities may choose whether detached ADUs are appropriate in the protected shoreland, rather than being required to allow them by right. This distinction matters because the protected shoreland serves as the last line of defense for our water resources. Natural shoreline buffers filter pollutants, stabilize soils, absorb stormwater, and reduce runoff before it reaches our lakes and rivers. Even small increases in impervious surfaces, land clearing, or soil compaction in this zone can have outsized impacts on water quality. The 2025 change to state law removed local discretion and required detached ADUs by right in all single-family zones, including protected shoreland areas. That one-size-fits-all approach does not reflect the unique environmental risks associated with shoreline development, nor the differences among New Hampshire’s communities. HB 1540 restores balance. It applies only to the protected shoreland and simply returns authority to municipalities to decide what makes sense for their local landscape, infrastructure, and water resources—while still allowing ADUs where communities determine they are appropriate. Protecting water quality and expanding housing options should not be mutually exclusive. HB 1540 recognizes that both goals can be met when communities are trusted to make informed, locally appropriate decisions. I respectfully urge you to support HB 1540. Thank you for your time and consideration.
HB 1540 is a targeted fix that applies only to the protected shoreland. It restores a municipality’s ability to decide whether detached ADUs are appropriate near the water, helping communities balance housing flexibility with the shoreline protections our lakes depend on.
I support this bill to protect the shore land within 250 feet of most lakes, ponds and rivers in NH where new development is most likely to affect water quality.
I support this bill because I am extremely concerned about the quality and usage of water on Mascoma Lake !
This bill addresses both the need for affordable housing and lake protection. Please vote for it!!
The protected shoreland is one of the most critical areas for lake and river health. This natural buffer is the last line of defense, filtering pollution, stabilizing soils, and reducing runoff water before it reaches lakes and rivers. HB 1540 is a targeted fix that applies only to the protected shoreland. It restores a municipality’s ability to decide whether detached ADUs are appropriate near the water, helping communities balance housing flexibility with the shoreline protections our lakes and NH designated protected rivers depend on. I urge you to support this bill.
Allowing ADUs in the protected shoreland could lead to more impervious surfaces, soil compaction, land clearing, and polluted runoff, increasing the risk of water quality impacts. It is important to protect our shorelands and let each municipality decide what is best for their community.
Allowing the Town to grant permission or not to build ADU in protected area seems to be a basic democratic responsibility of a Town management and of no one else.
ADUs should be subject to the same shoreland rules as any other dwelling. Our lakes are under incredible stress and need all the protection we can offer. Thank you for supporting this bill
Automatically allowing ADUs in the protected shoreland could lead to more impervious surfaces, soil compaction, land clearing, and polluted runoff, increasing the risk of water quality impacts. HB 1540 is a targeted fix that applies only to the protected shoreland. It restores a municipality’s ability to decide whether detached ADUs are appropriate near the water, helping communities balance housing flexibility with the shoreline protections our lakes depend on.