SB 439 New Hampshire Senate · 2026 Regular Session

relative to municipal data center zoning.

SB 439 allows municipalities to regulate data centers within commercial and industrial zoning districts. It defines "data center" as facilities primarily for digital data storage, processing, and transmission (excluding small, owner-occupied facilities under 25% of building space). Municipalities can establish local rules for these centers through their planning boards, with approval from the local legislative body. The bill takes effect 60 days after passage.
Bill status died 3 of 5 stages cleared
Introduction
Nov 2025
Committee Review
May 2026
Senate Passage
Jan 2026
House Passage
Governor
Introduced Nov 21, 2025 Last action Aug 20, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the Senate · 7 edits
MODERATE
The Senate amendment dramatically simplified SB 439, stripping out most of the specific regulatory requirements for data centers (noise limits, utility confirmation, transit proximity restrictions, design and siting standards) and replacing them with a brief permissive provision. The definition threshold for what is excluded from 'data center' was raised from 10 percent to 25 percent of gross floor area, meaning more small-scale facilities would be exempt from the new rules.
Scope change
The bill shifted from a prescriptive state-level regulatory framework with specific siting, noise, utility, and design requirements to a permissive provision that broadly allows data centers in commercial/industrial zones and delegates all detailed standards to local planning boards. The definition was also broadened to exclude more small-scale facilities (up to 25 percent of floor area rather than 10 percent).
DEFINITION

The exclusion threshold for what does not count as a data center was raised from 10 percent to 25 percent of the gross floor area of all on-site buildings, broadening the category of facilities exempt from the new zoning provisions.

REQUIREMENT

Removed the requirement that no data center be permitted within 2,640 feet of a passenger rail station or high-capacity transit facility.

Removed the requirement for written confirmation from the serving electric utility that adequate electrical capacity would be available within 2 years of construction.

Removed noise level restrictions (5 percent above ambient at nearest residential parcel) and the requirement for a noise study by a qualified acoustical engineer.

Removed the entire Design and Siting Standards section, which had required 150-foot setbacks for mechanical equipment, 30-foot landscape buffers with canopy trees, architectural facade variations, detached sidewalks with landscaped strips, and shaded pedestrian pathways.

SCOPE

The zoning authority provision was simplified from a detailed framework to a single sentence stating data centers are allowed in commercial or industrial zones subject to local land use regulations, effectively delegating all specific standards to local planning boards.

ENFORCEMENT

The rulemaking section was simplified from 'may adopt regulations necessary to implement this subdivision, including additional performance, screening, or design standards, consistent with the purpose of this subdivision' to simply 'may adopt regulations as necessary,' removing the directional guidance for local regulation.

Floor votes

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Full legislative history

Actions timeline

Total actions
14
Key actions
5
Committee
5
Amendments
1
May 6, 2026
Lower · Passed
Minority Committee Report: Inexpedient to Legislate
lower
May 6, 2026
Lower · Passed
Majority Committee Report: Ought to Pass with Amendment # 2026-1807h 05/05/2026 (Vote 11-9; RC) HC 19 P. 26
lower
Feb 26, 2026
Introduced
Introduced (in recess of) 02/19/2026 and referred to Municipal and County Government HJ 5 P. 124
lower
Jan 29, 2026
Upper · Passed
Ought to Pass with Amendment #2026-0176s, RC 16Y-8N, MA; OT3rdg; 01/29/2026; SJ 2
upper
Jan 29, 2026
Introduced
Sen. Perkins Kwoka Floor Amendment # 2026-0352s, AF, VV; 01/29/2026; SJ 2
upper
Jan 29, 2026
Upper · Passed
Committee Amendment # 2026-0176s, RC 16Y-8N, AA; 01/29/2026; SJ 2
upper
Jan 21, 2026
Upper · Passed
Committee Report: Ought to Pass with Amendment # 2026-0176s, 01/29/2026; Vote 5-0; CC; SC 3
upper
Nov 21, 2025
Introduced
Introduced 01/07/2026 and Referred to Election Law and Municipal Affairs; SJ 1
upper
1 primary · 1 co-sponsor

Sponsors