Affordable housing & zoning mandates within NH

WELCOME TO NEW HAMPSHIRE’S BUSINESS. I’M FRED KOCHER, THE NEW HAMPSHIRE MUNICIPAL ASSOCIATION SAYS STATE POLICYMAKERS ARE PREEMPTING LOCAL. THAT MEANS COMMUNITY OPTIONS ON ZONING AND LAND USE IN NEW HAMPSHIRE MUNICIPALITIES, ESPECIALLY WITH HOUSING. THAT CLAIM COMES FROM THIS REPORT POSTED ON ITS WEBSITE. THE REPORT COVER ROOM FOR EVERYONE RECLAIMING LOCAL VOICES IN NEW HAMPSHIRE’S HOUSING DEBATE. AND HERE ARE TWO QUOTES FROM THAT REPORT. WHILE INCREASING HOUSING STOCK IS VITAL, STATE POLICY HAS RECENTLY SHIFTED AWAY FROM SUCCESSFUL STATE LOCAL PARTNERSHIPS TOWARD UNIVERSAL ZONING MANDATES. AND HERE’S ANOTHER QUOTE WHEN THE STATE DRAWS LOCAL INFRASTRUCTURE LIMITS, IT INCREASES A CAUSE AND EFFECT GAP WHERE STATE LEVEL MANDATES LEAD TO HIGHER PROPERTY TAXES FOR EXISTING RESIDENTS. BUT HERE IS WHAT NEW HAMPSHIRE STATE LAW SAYS ABOUT STATE VERSUS LOCAL PREEMPTION VERSUS HOME RULE. ALL POWERS HELD BY MUNICIPALITIES ARE AFFORDED TO THEM BY THE STATE AND HOME RULE. MUNICIPALITIES HOLD INHERENT POWER AND PREEMPTION OF MUNICIPAL REGULATION. BY STATE LAW, IT’S LESS PREVALENT. AND HERE ARE THE STATES WHERE IT’S LESS PREVALENT. HOME RULE IN THESE STATES, OF COURSE, WE ARE PREEMPTED IN NEW HAMPSHIRE, AT LEAST IN MUNICIPALITIES ARE. AND WITH ME TO EXPLAIN THE SUDDEN GAP THAT’S DEVELOPED BETWEEN THE STATE’S POLICYMAKERS AT THE STATE HOUSE AND NEW HAMPSHIRE MUNICIPALITIES, IS EXECUTIVE DIRECTOR OF THE NEW HAMPSHIRE MUNICIPAL ASSOCIATION. MARGARET BURNS, WELCOME. NICE TO HAVE YOU. IN SHORT, WHAT IS GOING ON BETWEEN STATE CONTROL AND LOCAL CONTROL? WELL, WHAT WE’VE SEEN FOR DECADES IS REALLY A DEFERENCE TO CITIES AND TOWNS IN MAKING DECISIONS ABOUT LOCAL GROWTH. AND THAT COMES OUT THROUGH ZONING AND OTHER PLANNING THAT MUNICIPALITIES HAVE TRADITIONALLY ENGAGED IN HERE IN NEW HAMPSHIRE IN THE PAST COUPLE OF YEARS, PARTICULARLY LAST YEAR DURING THE 2025 LEGISLATIVE SESSION, WE SAW A MASSIVE SHIFT AWAY FROM DEFERENCE TO COMMUNITIES AND LOCAL VOTERS TOWARDS UNIVERSAL MANDATES ONTO CITIES AND TOWNS. MANDATE. I’VE HAD PEOPLE SITTING WHERE YOU’RE SITTING IN YOUR SEAT SAYING THAT ZONING AT THE LOCAL LEVEL IS RESTRICTING SOME HOUSING DEVELOPMENT. IS IT? MUNICIPALITIES ARE WORKING TOWARDS RESPONSIBLE GROWTH. AND WHAT WE ARE HEARING IS WHAT YOU’RE SAYING, THAT THAT’S BEING TREATED AS A RESTRICTION. BUT FOR SOME REASON IT’S BEEN FORGOTTEN THAT LOCAL LEADERS HAVE A RESPONSIBILITY TO THEIR COMMUNITY, TO THEIR CONSTITUENTS, AND TO ENSURING THAT GROWTH IS RESPONSIBLE AND CAN PACE AND KEEP PACE WITH INFRASTRUCTURE AND OTHER NEEDS OF THE COMMUNITY. NOW, YOUR MEMBERS AND YOU HAVE ALL OF THE CITIES AND TOWNS IN YOUR MEMBERSHIP AT THE ASSOCIATION. YOU’VE WORKED WITH POLICYMAKERS IN THE PAST, AND THERE HAS BEEN COLLABORATION, AND HERE ARE SOME OF THE THINGS THAT HAVE BEEN DONE AND ACCOMPLISHED. 2019 GOVERNOR ESTABLISHED A HOUSING TASK FORCE OF STATE AND LOCAL OFFICIALS. 2020 HOUSING APPEALS BOARD, CREDITED FOR CREATED FOR PLANNING, ZONING APPEALS. 2022 REASONABLE CHANGES TO LAND USE BOARDS AND 2025 THE HOUSING CHAMPIONS HOUSING CHAMPIONS BILL AND LEGISLATION TO SPUR LOCAL WORKFORCE HOUSING. ARE ALL OF THESE STILL GOING, OR ARE SOME OF THEM NOT? WELL, UNFORTUNATELY, RIGHT OFF THE TOP THERE, THE HOUSING CHAMPIONS PROGRAM, WHICH WE RECENTLY SAW IN A STATE REPORT, HAS BEEN SUCCESSFUL IN ENCOURAGING AND PRODUCING MORE HOUSING IN 2024, IS ON THE CHOPPING BLOCK BY THE LEGISLATURE. IT WASN’T FUNDED LAST YEAR, AND NOW THERE’S AN EFFORT TO FULLY REPEAL THAT SUCCESSFUL PARTNERSHIP THAT BARELY GOT STARTED, REALLY. AS YOU KNOW, SOMETIMES DEVELOPMENT CAN CAUSE CONTENTIOUS REACTION BY CITIES AND TOWNS BECAUSE OF THE COSTS AND AND THE DEVELOPMENT AND THE CHANGES IN THE TOWN. IS SOME OF THAT STILL GOING ON? IS THERE SOME KICKBACK ON DEVELOPMENT AMONG SOME COMMUNITIES? WELL, CERTAINLY, SINCE WE SAW THE MANDATES PASSED LAST YEAR, WE ARE STARTING TO HEAR COMMUNITIES WHO ARE VERY UPSET AND VERY CONCERNED. AND I’M NOT JUST TALKING ABOUT LOCAL LEADERS WHO WERE OPPOSED TO THE MANDATES WHEN THEY WERE PENDING IN THE LEGISLATURE. I’M TALKING ABOUT CONSTITUENTS AND RESIDENTS WHO ARE REALIZING WHAT’S NOW REQUIRED OF THEM. WHAT WOULD YOU DO TO BRING THE POLICYMAKERS AT THE STATE HOUSE AND THE COMMUNITIES BACK TOGETHER? WHAT WOULD YOU DO? I WOULD LIKE TO SEE PROGRAMS LIKE HOUSING CHAMPIONS BE GIVEN A CHANCE TO SURVIVE. WE’VE ALREADY SEEN JUST AFTER ONE YEAR WHAT REAL PARTNERSHIPS AND NOT JUST REAL PARTNERSHIPS, BUT ACTUAL INVESTMENTS CAN DO TO TACKLE A STATEWIDE ISSUE. AND SO THAT’S WHAT I’D LIKE TO SEE MORE OF. AND THAT’S WHAT IT IS. IT’S A STATEWIDE ISSUE. MARGARET BURNS, EXECUTIVE DIRECTOR OF THE NEW HAMPSHIRE MUNICIPAL ASSOCIATION. THANK YOU. AND IF YOU MISSED PART OF THIS BRIEFING ON STATE VERSUS LOCAL, WHICH IS HAPP