New Hampshire House Bill HB347

New Hampshire 2024 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Report Pass: 2/8/23
• Report DNP: 2/8/23
• Refer: 2/14/23
• Report DNP: 11/15/23

Caption

Establishing a superior court land use review docket.

Impact

The establishment of a land use review docket is expected to have significant implications for local governance and land use regulation. By providing a structured process for appeals, the bill aims to enhance the efficiency of the judicial review process for local land use decisions. With the appointment of a presiding justice knowledgeable in land use law, the docket will be positioned to address cases with required expertise, potentially reducing legal uncertainties faced by stakeholders involved in land use disputes.

Summary

House Bill 347 aims to establish a superior court land use review docket specifically designed to hear appeals arising from decisions made by local land use boards, such as municipal planning and zoning boards. This bill introduces a new section (491:7-b) to the Revised Statutes Annotated (RSA) that outlines the framework for the docket, which shall have jurisdiction over cases involving land use issues. The intent behind the bill is to streamline the process for resolving disputes related to land use at the superior court level while ensuring that local boards' decisions are subject to judicial review.

Contention

However, there are points of contention regarding the bill. Some stakeholders may view this new docket as an encroachment on local control over land use decisions, arguing that it could lead to a one-size-fits-all approach to land use regulation across the state. Critics may voice concerns that the bill could restrict the ability of local boards to tailor land use policies to their communities' specific needs, especially when local circumstances vary widely. The discussions will likely revolve around balancing state oversight with local autonomy in land use planning.