Citizen in a RepublicNH Bill Briefing
← All bills

SB 435 · 2026 · Senate · Election Law and Municipal Affairs Committee

Zoning variance criteria clarified

AI-generated

relative to the zoning board of adjustment variance criteria.

Clarifies the zoning board of adjustment's authority to consider unreasonable restrictions when evaluating variance requests.AI-generated

Status

Killed in the House — Inexpedient to Legislate · May 14, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✕House
  4. Governor
  5. Law

Analysis

This bill clarifies the zoning board's authority regarding unreasonable restrictions in variance requests.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the Senate. Passages chosen from the operative text.Computed by this site

“For purposes of subparagraph I(a)(2)(E), "unreasonable restriction" means that, due to special conditions of the property that distinguish it from other properties in the area, either:”
Section 1
“The definition of "unreasonable restriction" set forth in subparagraph (1) shall apply whether the provision of the ordinance from which a variance is sought is a restriction on use, a dimensional or other limitation on a permitted use, or any other requirement of the ordinance.”
Section 1
“The board shall use one voting method consistently for all applications until it formally votes to change the method.”
Section 1
“Any change in the board's voting method shall not take effect until 60 days after the board has voted to adopt such change and shall apply only prospectively, and not to any application that has been filed and remains pending at the time of the change.”
Section 1

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Daryl AbbasRPrimePresident Pro Tempore
  • Sen. Bill GannonRChair· Judiciary
  • Sen. Victoria SullivanRVice Chair· Education
  • Sen. Regina BirdsellRMajority Leader
  • Sen. Daniel InnisRChair, Majority Policy Conference
  • Sen. Keith MurphyRDeputy President Pro Tempore

Public testimony

4 signed in online

75% support25% oppose0% neutral

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 19, 2026SenateCommittee reportCommittee report: Ought to Pass with Amendment # 2026-0499s4–0
    Overall
    100% yea
  • Feb 19, 2026SenateVoice voteCommittee amendment 2026-0499sadopted
  • Feb 19, 2026SenateVoice voteOught to Pass with Amendment #2026-0499sadopted
    Resulting text: Bill as amended by the Senate
  • May 5, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate20–0
    Overall
    100% yea
  • May 14, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Jan 13, 2026Public hearingSenate Election Law and Municipal Affairs3:09–4:301m 21slocated in the stream transcriptHearing
  • Feb 19, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Ought to Pass with Amendment # 2026-0499s; Ought to Pass with Amendment #2026-0499s — adopted, voice vote; Committee Amendment # 2026-0499s — adopted, voice vote
  • Apr 7, 2026Public hearingHouse Municipal and County Government3:06:04–3:11:245m 20slocated in the stream transcriptPublic Hearing
  • May 5, 2026Public hearingHouse Municipal and County Government43:07–51:598m 52slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Executive Session
  • May 14, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamInexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026SenIntroduced 01/07/2026 and Referred to Election Law and Municipal Affairs; SJ 1
  2. Jan 13, 2026SenHearing: 01/13/2026, Room 122-123, SH, 09:15 am; SC 46
  3. Feb 19, 2026Sen: Ought to Pass with Amendment # 2026-0499s, 02/19/2026; Vote 4-0; CC; SC 6
  4. Feb 19, 2026SenCommittee Amendment # 2026-0499s, AA, VV; 02/19/2026; SJ 4
  5. Feb 19, 2026SenOught to Pass with Amendment #2026-0499s, MA, VV; OT3rdg; 02/19/2026; SJ 4
  6. Feb 19, 2026HouseIntroduced (in recess of) 02/19/2026 and referred to Municipal and County Government HJ 5 P. 124
  7. Apr 7, 2026HousePublic Hearing: 04/07/2026 10:25 am GP 154
  8. May 5, 2026HouseExecutive Session: 05/05/2026 10:30 am GP 154
  9. May 5, 2026House: Inexpedient to Legislate 05/05/2026 (Vote 20-0; CC) HC 19 P. 15
  10. May 14, 2026HouseInexpedient to Legislate: MA VV 05/14/2026 HJ 13 P. 25

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.