674:23
Statues and Session Law
TITLE [64] LXIV PLANNING AND ZONING
CHAPTER 674 LOCAL LAND USE PLANNING AND REGULATORY POWERS
674:23 Growth Management; Interim Regulation. –
I. In unusual circumstances requiring prompt attention and for the purpose
of developing or altering a growth management process under RSA 674:22, or a
master plan or capital improvement program, a city, town, or county in which
there are located unincorporated towns or unorganized places may adopt an
ordinance imposing interim regulations upon development as provided in this
section.
II. An interim regulation may be proposed by the planning board if it
determines that the requirements of paragraph I exist and makes findings of fact
so indicating. Any such proposal shall be submitted to the local legislative
body as a zoning ordinance and shall be subject to all procedures and provisions
relative to enactment of zoning ordinances except that:
(a) There shall be at least one hearing on the interim regulation held by
the planning board at which parties in interest and citizens shall have an
opportunity to be heard. At least 10 days' notice of the time and place of the
hearing shall be published in a paper of general circulation in the
municipality, and a legal notice of the hearing shall also be given in
accordance with RSA 675:7. The notice shall include either the text or an
adequate statement of the proposed regulation. After the hearing, the planning
board, by vote, shall determine the final form of the regulation to be submitted
to the local legislative body, which form of regulation shall conform, in
substance, to the initial proposal and may include editorial revisions and
textual modifications resulting from the public hearing which the planning board
votes to adopt.
(b) The local legislative body shall act upon the proposed interim
regulation not later than 90 days after the posting of the notice for the public
hearing under subparagraph (a).
III. An interim regulation adopted under this section shall expire at the
earliest of the following occurrences: one year after its adoption by the local
legislative body; such earlier time as specified in the ordinance; or upon the
effective date of an ordinance adopted under RSA 674:22 which addresses the
unusual circumstances.
Source. 1983, 447:1. 1989, 266:16, eff. July 1, 1989. 1997, 15:1, eff. June 21, 1997.