New Hampshire HB 1351: relative to uniform municipal standards for regulation of home-based businesses.

Bill Text

HB 1351 - AS INTRODUCED

2026 SESSION

 26-3153

 06/08

HOUSE BILL 1351

AN ACT relative to uniform municipal standards for regulation of home-based businesses.

SPONSORS: Rep. Beaulier, Graf. 1; Rep. Cole, Hills. 26; Rep. Osborne, Rock. 2; Rep. Dumont, Hills. 13; Rep. Sweeney, Rock. 25; Rep. Ulery, Hills. 13; Rep. Miles, Hills. 12; Rep. Farrington, Straf. 8; Rep. Reinfurt, Hills. 29

COMMITTEE: Municipal and County Government

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ANALYSIS

 This bill establishes a uniform statewide standard for home-based businesses.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-3153

 06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to uniform municipal standards for regulation of home-based businesses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Findings and Purpose. 

 I. The general court finds that thousands of Granite Staters lawfully operate businesses from their homes with minimal neighborhood impacts; that some municipal codes impose categorical limits unrelated to actual health or safety (e.g., 2-client caps, family-only staffing, blanket signage bans, and prohibitions on screened out-door storage). 

 II. It is the purpose of this act to establish uniform, least-restrictive rules for low-impact home enterprises while preserving neutral nuisance, noise, traffic, and safety standards. 

 2 New Subdivision; Home-Based Businesses, Uniform Standard, and Preemption. Amend RSA 674 by inserting after section 80 the following new subdivision: 

Home-Based Businesses, Uniform Standard, and Preemption

 674:81 Definitions. In this subdivision: 

 I. “Home-based business” means any lawful business, profession, occupation, or trade conducted wholly or partly within a dwelling or its accessory structures by the occupants as a secondary use of the residence. 

 II. “No-impact” means a home-based business that:

 (a) Is not visible from a public right-of-way;

 (b) Generates no on-site customer visits; and

 (c) Does not exceed typical residential deliveries.

 III. “Low-impact” means a home-based business that may have limited visibility, employees, or customer visits, but remains residential in character and meets the standards of this subdivision. 

 IV. “Residential appearance” means the dwelling retains exterior characteristics typical of residential use; ordinary residential signage, parking, lighting, and landscaping are permitted. 

 674:82 No-Impact Home-Based Businesses Allowed by Right. A no-impact home-based business shall be allowed as an accessory residential use in every zoning district. No municipality or political subdivision shall require a special exception, variance, conditional use permit, site plan review, or business license for a no-impact home-based business. 

 674:83 Low-Impact Home-Based Businesses Allowed by Right; Objective Standards. A low-impact home-based business shall be allowed by right in every zoning district if it meets all of the following performance standards. Municipalities may require only a ministerial registration, with no public hearing, issued within 30 calendar days, to verify conformance: 

 I. Up to 4 non-resident employees may work on-site at any time. There shall be no limit on off-site or remote workers. Independent contractors shall be treated as employees for the purposes of this subdivision. 

 II. Customer visits shall be permitted between 7:00 a.m. and 9:00 p.m. A business shall be deemed compliant if it generates no more than 20 customer visits per day and no queuing occurs on a public way. Municipalities may by ordinance adopt a higher safe-harbor number. 

 III. Routine parcel deliveries, including those by the United States Postal Service and common carriers, shall be permitted. 

 IV. Off-street parking shall be permitted on the lot. On-street parking shall be allowed to the extent it is available to residences generally and does not violate posted restrictions. 

 V. One non-illuminated wall, window, door, or yard sign not exceeding 6 square feet shall be permitted. 

 VI. Outdoor storage or display not exceeding 200 square feet shall be permitted, provided materials are kept in good order and screened from direct view of a public right-of-way or located within a side or rear yard. Storage of hazardous materials shall comply with applicable fire and building codes. 

 VII. The business shall comply with generally applicable residential standards for noise, odor, vibration, glare, and lighting.

 VIII. No change to building o