SB 435 New Hampshire Senate · 2026 Regular Session

relative to the zoning board of adjustment variance criteria.

SB 435 removes the requirement that property owners must prove an unusual hardship to obtain a zoning variance from a local zoning board. This directly affects homeowners, developers, and businesses seeking to modify land use under current zoning rules, as well as the zoning boards reviewing these requests. The bill repeals two specific sections of state law (RSA 674:33, I(a)(2)(E) and I(b)) that previously mandated hardship assessments for variances. The change simplifies the process by allowing boards to grant variances without evaluating hardship, effective 60 days after passage.
Bill status failed 3 of 5 stages cleared
Introduction
Nov 2025
Committee Review
May 2026
Senate Passage
Feb 2026
House Passage
Governor
Introduced Nov 21, 2025 Last action May 14, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the Senate · 3 edits
MINOR
The bill was amended to shift its focus from simply removing a 'hardship' requirement to clarifying the Zoning Board of Adjustment's authority regarding 'unreasonable restrictions.' This change adds specific definitions for when a restriction is unreasonable and mandates that the board use a consistent voting method for all applications until formally changing it.
Scope change
The bill's scope expanded from a simple repeal of hardship rules to include new substantive definitions and procedural requirements for the zoning board.
DEFINITION

Added a new definition for 'unreasonable restriction,' specifying that it occurs when special property conditions make strict compliance unreasonable or when the restriction does not substantially serve public purposes.

REQUIREMENT

Added a requirement for the zoning board to use one voting method consistently for all applications until a formal vote to change it is made and published.

ELIGIBILITY

Modified the criteria for granting variances by replacing the general 'hardship' requirement with the more specific 'unreasonable restriction' standard.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
10
Key actions
3
Committee
4
May 6, 2026
Committee
Committee Report: Inexpedient to Legislate 05/05/2026 (Vote 20-0; CC) HC 19 P. 15
lower
Feb 26, 2026
Introduced
Introduced (in recess of) 02/19/2026 and referred to Municipal and County Government HJ 5 P. 124
lower
Feb 9, 2026
Upper · Passed
Committee Amendment # 2026-0499s, AA, VV; 02/19/2026; SJ 4
upper
Feb 9, 2026
Upper · Passed
Ought to Pass with Amendment #2026-0499s, MA, VV; OT3rdg; 02/19/2026; SJ 4
upper
Feb 4, 2026
Upper · Passed
Committee Report: Ought to Pass with Amendment # 2026-0499s, 02/19/2026; Vote 4-0; CC; SC 6
upper
Nov 21, 2025
Introduced
Introduced 01/07/2026 and Referred to Election Law and Municipal Affairs; SJ 1
upper
1 primary · 4 co-sponsors

Sponsors