N.H. Code Admin. R. Ann. Bea — Commissioner, Department of Business and Economic Affairs (See RSA 12-O, pursuant to 2017, 156:40, effective 7-1-17. The Department of Resources and Economic Development was abolished pursuant to 2017, 156:15, effective 7-1-17. Pursuant to 2017, 156:49, effective 7-1-17, existing rules were transferred to the Department of Natural and Cultural Resources (Ncr) and Department of Business and Economic Affairs (Bea), as applicable, and continue in effect until they expire or are amended or repealed. Existing rules numbered Res will eventually be renumbered Ncr or Bea, as applicable.)

Chapter Bea 300 Rules for Joint Promotional Program

Part Bea 301 Purpose and Scope

N.H. Code Admin. R. Ann. Bea 301.01 Purpose of the Joint Promotional Program {#sec-bea-301.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 301.01}

(a) The purpose of the New Hampshire joint promotional program (JPP) is to invest in tourism promotional projects developed by eligible independent groups or organizations which will compliment the state of New Hampshire’s marketing initiative.

(b) The primary goals of the JPP are to develop New Hampshire as a year-round visitor destination, to increase overnight stays, to enhance the quality and effectiveness of marketing to visitors, and to encourage cooperative marketing efforts for the promotion of New Hampshire.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 301.02 Scope {#sec-bea-301.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 301.02}

Bea 300 shall apply to all organizations having a tourism promotional project for which investment by the JPP is requested. Organizations meeting the criteria set forth by Bea 300 shall be eligible for a match of up to 50% on a reimbursement basis.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

Part Bea 302 Program Information

N.H. Code Admin. R. Ann. Bea 302.01 Eligible Organizations {#sec-bea-302.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.01}

Any New Hampshire organization that is registered and in good standing with the New Hampshire secretary of state, engaged in or has been formed for the purpose of promoting travel and tourism to New Hampshire, and has been in existence for at least 3 years prior to the date of application shall be eligible for investment under the JPP. Eligible organizations shall include chambers of commerce, regional associations, statewide tourism groups, and other tourism promotional organizations.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.02 Organizations Not Qualifying {#sec-bea-302.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.02}

Any New Hampshire organization that does not qualify as eligible pursuant to Bea 302.01 above may make application for a grant under this part, provided that the organization:

(a) Presents evidence of a need for tourism promotion due to a case of regional depression or financial hardship as reported by the New Hampshire department of employment security, bureau of economic and labor market information;

(b) Presents a cooperative promotion plan;

(d) Agrees that this unmatched grant shall not be awarded for more than 2 successive years; and

(e) Agrees that an affected area shall not be eligible for any unmatched grant for a period of 5 years after the second year following the award of the first of any unmatched grant.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.03 Matching State Funds {#sec-bea-302.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.03}

Except for nonqualifying organizations, grant awards of state funds shall require a minimum of 50% matching funds from private sources.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.04 Funds Eligible for State Match {#sec-bea-302.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.04}

The following types of funds may be used to match state funds:

(a) Monies raised through memberships from any individual, group, or organization; or

(b) Monies received through fundraising projects.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.05 Non-Acceptable Use of Funds {#sec-bea-302.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.05}

State funds shall not be used for:

(a) Administrative expenses, including, but not limited to, salaries, non-project related telephone or postage, and office equipment or supplies;

(b) Charity fundraising;

(d) Mileage, lodging, and travel costs;

(e) Routine website maintenance, ongoing website hosting, domain name registration, and unsolicited marketing;

(f) General purpose computer software, hardware, or staff training not directly tied to the approved project;

(g) Research services or surveys;

(h) Department of business and economic affairs (BEA) internal program fees; and

(i) Event space rentals and catering services.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.06 Limits of Grant Funds {#sec-bea-302.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.06}

(a) The minimum grant amount shall be $2,000.

(b) No single organization shall be approved for grants totaling more than 25% of the funds appropriated for any one fiscal year.

(c) Organizations may apply for more than one grant each fiscal year, except no single organization in any one grant round shall be approved for more than 75% of their total eligible amount, and the restriction in (b) shall apply.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.07 Pass Through Funds Prohibited {#sec-bea-302.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.07}

No applicant shall disburse state matching funds to a private sector business for the administration of its private functions.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.08 Starting and Completion Dates {#sec-bea-302.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.08}

(a) Start dates shall be specified on the application and shall be contingent upon notification of grant approval as provided in Bea 304.02.

(b) Project shall start within the fiscal year in which the grant is awarded.

(d) Projects shall be completed no later than 90 days following the close of the fiscal year in which the grant is awarded.

(e) All reimbursements shall be submitted to the BEA’s division of travel and tourism development (DTTD) within 90 days following the close of the fiscal year in which the grant is awarded.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.09 Incomplete Applications {#sec-bea-302.09 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.09}

Applications in the Joint Promotional Program online grant platform shall be allowed to be edited until the published deadline posted on the DTTD website found at https://www.visitnh.gov/industry-members/work-together/grants and shall not be considered final or complete until the close of the application period. All finalized applications submitted shall be reviewed by the JPP administrator, who shall notify the applicants in writing of any deficiencies within 10 business days following the close of the application period.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.10 Failure to Comply {#sec-bea-302.10 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.10}

Failure to provide any of the information required for the application shall result in denial of an application unless corrections are made within 5 business days of notification of any deficiencies by the JPP administrator.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.11 Grant Amendments {#sec-bea-302.11 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.11}

An amendment to a previously approved application shall be made in writing explaining the extenuating circumstances for the change. Amendments shall be considered and approved by the commissioner if the amendment meets the criteria in Bea 304.02(a) and the commissioner determines that extending circumstances exists, which include:

(a) Vendor non-performance;

(b) Business closures;

(d) Lack of available media inventory;

(e) A shift in target markets due to external factors; or

(f) Any other circumstance that affects the project that is outside of the applicant’s control.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 302.12 Report Required {#sec-bea-302.12 omnilex-key=us-nh-regs-official--agency-bea--Bea 302.12}

Failure to submit the evaluation report as required by Bea 306.01 for any previously funded project(s) shall result in denial of an application unless good cause for such failure exists. Good cause shall include, but not be limited to, circumstances beyond the control of the organization. Claims of good cause shall be made in writing to the commissioner.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

Part Bea 303 Project Information

N.H. Code Admin. R. Ann. Bea 303.01 Multiple Projects {#sec-bea-303.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.01}

An application seeking grant funding may contain more than one project, provided that each project shall meet the specific criteria as outlined in this part.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 303.02 General Requirements {#sec-bea-303.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.02}

All projects to be considered for grant funding shall:

(a) Clearly promote New Hampshire as a travel destination;

(b) Ensure balanced representation among participating entities;

(d) Reference New Hampshire spelled out as “New Hampshire”;

(e) Include an all-inclusive marketing plan;

(f) Include a copy of all drafted material;

(g) Provide a description of the contracted vendor for professional services; and

(h) Include a copy of the contract for all professional services containing a list of all deliverables.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 303.03 Printed Materials {#sec-bea-303.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.03}

In addition to the project requirements in Bea 303.02 above, applications for the printing of materials shall:

(a) Include a detailed distribution plan for the total number of materials printed as part of the project;

(b) Include 3 competitive bids for printing services; and

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 303.04 Traditional and Emerging Media {#sec-bea-303.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.04}

(a) Traditional and emerging media shall include:

(1) Broadcast, cable streaming, or connected television advertising;

(2) Radio advertising, including traditional and streaming audio;

(3) Podcast sponsorships;

(4) Print advertising in regional, national, or niche publications; and

(5) Out-of-home advertising, including billboards or transit media.

(b) In addition to the project requirements Bea 303.02 above, applications for traditional and emerging media projects shall include:

(1) A detailed media plan; and

(2) Radio advertising, consisting of a draft script and language within the script calling out visitnh.gov as a sponsor or partner.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 303.05 Digital Advertising and Media {#sec-bea-303.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.05}

(a) Digital and advertising media shall include:

(1) Search engine marketing;

(2) Social advertising and promoted posts;

(3) Digital display advertising;

(4) Programmatic advertising;

(5) Retargeting advertising; and

(6) Influencers.

(b) In addition to the project requirements in Bea 303.02 above, applications for digital advertising and media projects shall include:

(1) The BEA logo and all social media content or if the BEA logo placement is not possible than tag @visitnh; and

(2) A copy of the contract with any influencer which shall include language that @visitnh will be tagged and consent for the BEA to reshare content.

History

#14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 303.06 Content Marketing {#sec-bea-303.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.06}

The content marketing shall include email marketing, digital guides, itineraries, or electronic publications.

History

#14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 303.07 Experiential and Partnership Marketing {#sec-bea-303.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.07}

Experiential and partnership marketing shall include promotion of events, festivals, travel trade shows, consumer shows, and sales missions. In addition to the project requirements in Bea 303.02 above, applications for experiential and partnership marketing shall include:

(a) Detailed event description; and

(b) Inclusion of BEA marketing materials.

History

#14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 303.08 Public Relations Campaigns {#sec-bea-303.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.08}

In addition to the project requirements in Bea 303.02 above, applications for the public relations campaigns shall:

(a) Include the statement “for further information about New Hampshire, visit visitnh.gov”, if print or electronic press release; and

(b) Include a communication campaign plan outlining messaging, distribution channels, and anticipated outcomes.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36 (formerly Bea 303.05)

N.H. Code Admin. R. Ann. Bea 303.09 Website Design, Development, or Digital Experience Enhancements {#sec-bea-303.09 omnilex-key=us-nh-regs-official--agency-bea--Bea 303.09}

In addition to the project requirements in Bea 303.02 above, applications that include design, development, or digital experience enhancements of a website shall:

(a) Be clearly focused on tourism promotion and designed to attract visitors to New Hampshire;

(b) Prominently display the words “New Hampshire”, the BEA generated logo, and link to visitnh.gov in its advertising campaigns on the website’s homepage;

(d) Include a copy of the contract for professional services;

(e) Include a wireframe, design concepts, and navigation structure for the website; and

(f) Be reviewed by the director of the DTTD, or the director’s designee, to ensure compliance with this section prior to the website going online.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36 (formerly Bea 303.06)

Part Bea 304 Procedure for Jpp Grant Application

N.H. Code Admin. R. Ann. Bea 304.01 Application for JPP Grant Funds {#sec-bea-304.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 304.01}

An organization applying for grant funding for a project(s) pursuant to Bea 303 shall:

(a) Complete and submit online Form JPP-1, “Grant Application” 07/2026 edition;

(b) Include a copy of the following with the form:

(1) The last 3 years’ financial statements or annual reports;

(2) A new or updated certificate of liability;

(3) A certificate showing good standing with the New Hampshire secretary of state;

(4) A detailed budget of all expenses, matchable and unmatchable parts of the project, and the funds that have been raised or will be raised for the project(s);

(5) A board resolution, executed by an authorized officer of the organization, affirming that the organization supports the application and the organization will not reduce its existing financial commitment to advertising as a result of submitting or receiving assistance under the application;

(6) A marketing plan, submitted with first application of each fiscal year; and

(7) A signed statement certifying that all evaluation reports due on previously funded projects have been completed and submitted; and

(c) Submit the completed application and additional information online at www.visitnh.gov/industry-members/work-together/grants/jpp-program by the deadline posted on the DTTD website found at https://www.visitnh.gov/industry-members/work-together/grants.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 304.02 Commissioner Review and Notification {#sec-bea-304.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 304.02}

(a) The commissioner shall approve a grant application when the following is met:

(1) The project(s) is consistent with the purpose of the program as provided by Bea 301.01(b);

(2) Sufficient funding is available; and

(3) The grant award provides geographic dispersion of the funding throughout the state.

(b) If the commissioner denies an application pursuant to (a) above, the commissioner shall notify the applicant in writing of the specific reason(s) for denial and the following shall apply:

(1) The applicant shall have 5 business days from receipt of the decision to submit a written appeal. The appeal shall be in the form of a formal statement, signed by an authorized representative of the applicant, setting forth the specific grounds for the appeal and the reasons the applicant believes the denial was improper or inconsistent with applicable law or program rules. The appeal shall be submitted electronically to the JPP administrator for review by the commissioner; and

(2) The commissioner or commissioner’s designee shall notify applicant of final decision 5 business days after receipt of formal appeal.

(c) If the commissioner approves a grant application pursuant to (a) above, the commissioner shall forward a grant agreement for signature by the applicant, and the applicant shall sign and return the application to the commissioner for execution.

(d) Following the return of a signed grant agreement, the commissioner shall:

(1) Forward the grant agreement to the governor and executive council for approval; and

(2) Upon approval by the governor and executive council, forward to the applicant one completely executed copy of the grant agreement and a letter of acceptance stating any conditions which have been put on the grant by the governor and executive council.

(e) In the event an application is denied by the governor and executive council, the commissioner shall notify the applicant in writing of the specific reason(s) for denial.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

Part Bea 305 Reimbursement of Project Expenses

N.H. Code Admin. R. Ann. Bea 305.01 Reimbursement Requests {#sec-bea-305.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 305.01}

An organization requesting reimbursement for approved project(s) expenses shall:

(a) Complete and submit online Form JPP-2, “Reimbursement Form” 07/2026 edition;

(b) Include the following with the form:

(1) A copy of all invoices being submitted for reimbursement along with cancelled checks or other proof of payment;

(2) The following back-up materials to correspond with projects:

a. For web development projects, provide proof that the BEA generated logo with a url to visitnh.gov is on the site;

b. For radio advertising, provide a copy of the final advertisement and an affidavit of performance;

c. For TV advertising, provide a copy of the final advertisement and an affidavit of performance;

d. For print advertising, provide a tear sheet;

e. For social media advertising, provide copies of final advertisements, performance or post campaign report; and

f. For out-of-home advertising, provide images of actual placement; and

(3) A cover letter on letterhead stating:

a. Amount(s) to be reimbursed; and

b. If the request is for final or partial payment; and

(c) Submit electronically by email the completed cover letter, reimbursement form, and all attachments to: jppadministrator@livefree.nh.gov.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 305.02 Time Limit for Reimbursement {#sec-bea-305.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 305.02}

All requests for reimbursement of project expenses shall be submitted within 90 days following the close of the fiscal year in which the grant is awarded.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 305.03 Grant Funds Used or Not Used {#sec-bea-305.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 305.03}

All organizations shall report to the JPP administrator a final accounting of funds used and any portions of the dollars allocated for their grant that will not be used within 15 days from the completion date of their project.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

N.H. Code Admin. R. Ann. Bea 305.04 Failure to Comply {#sec-bea-305.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 305.04}

Failure to comply with this part shall result in the non-reimbursement of any monies owed.

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

Part Bea 306 Reporting

N.H. Code Admin. R. Ann. Bea 306.01 Final Project Reporting {#sec-bea-306.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 306.01}

Project reporting shall be submitted 90 days following the completion of the project, organizations shall:

(a) Complete and submit Form JPP-3, “Evaluation Report” 07/2026 edition;

(b) Include the following with the form, if applicable:

(1) A copy of the vendor’s distribution report; and

(2) A copy of any quantitative research; and

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36 (formerly Bea 306.02)

Part Bea 307 Program Information

N.H. Code Admin. R. Ann. Bea 307.01 Information {#sec-bea-307.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 307.01}

The public may obtain information regarding the JPP by contacting the DTTD.

Appendix

Provision of the Proposed Rule

Specific State or Federal Statutes or Regulations which the Rule is Intended to Implement

Bea 301.01 and Bea 301.02

RSA 12-O:17, I and VI(a)

Bea 302.01

RSA 12-O:17, II and RSA 5:18-a

Bea 302.02

RSA 12-O:17, VII

Bea 302.03

RSA 12-O:17, III

Bea 302.04

RSA 12-O:17, III

Bea 302.05

RSA 12-O:17, III

Bea 302.06

RSA 12-O:17, VI(a) and (b)

Bea 302.07 through Bea 302.12

RSA 12-O:17, VI(b), (c), (d), and (e)

Bea 303.01 through Bea 303.03

RSA 12-O:17, III and VII(c) and (d)

Bea 303.04 through Bea 303.09

RSA 12-O:17, III and VI(c) and (d)

Bea 304.01

RSA 12-O:17, VI(a), (b), and (d)

Bea 304.02

RSA 12-O:17, IV and VII(d)

Bea 305.01 through Bea 305.04

RSA 12-O:17, VI(a), (d), and (e)

Bea 306.01

RSA 12-O:17, VI(a), (d), and (e)

Bea 307.01

RSA 12-O:17, VI(a); RSA 91-A:4

History

#13270, eff 9-30-21; ss by #14624, eff 7-7-26, EXPIRES: 7-7-36

Chapter Bea 400 Broadband Matching Grant Initiative (bmgi)

Part Bea 401 Purpose and Scope

N.H. Code Admin. R. Ann. Bea 401.01 Purpose {#sec-bea-401.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 401.01}

(a) The purpose of the broadband matching grant initiative (BMGI) is to help communities, internet service providers (providers), and communication districts address existing broadband availability gaps within unserved locations.

(b) The purpose of the broadband matching grant fund (BMGI fund) is to be a funding mechanism, separate and distinct from all other funds, to assist successful applicants in fulfilling the requirements of the statute. These funds are dedicated funds under RSA 6:12, I (b), (373).

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 401.02 Scope {#sec-bea-401.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 401.02}

Any broadband provider, political subdivision, or communications district formed under RSA 53-G shall be eligible for a grant based upon the percentage stated in RSA 12-O:61, III, and based upon an application that meets the criteria as noted in Bea 404.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

Part Bea 402 Definitions

N.H. Code Admin. R. Ann. Bea 402.01 Definitions {#sec-bea-402.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 402.01}

(a) “Broadband” means “broadband” as defined in RSA 38:38, I (c).

(b) “Broadband infrastructure” means “broadband infrastructure” as defined in RSA 38:38, I (e).

(c) “Broadband infrastructure bonds” means “broadband infrastructure bonds” as defined in RSA 33:3-g, I, namely, “financing the development, construction, reconstruction, renovation, improvement, and acquisition of broadband infrastructure in any locations within a municipality unserved by broadband as defined in RSA 38:38, I (c).”

(d) “Broadband service” means the “broadband service” as defined in RSA 38:38, I (f), unless the provisions of RSA 12-O:62, VIII apply.

(e) “Commissioner” means the commissioner of the department of business and economic affairs.

(f) “Communications district” means “district” as defined in RSA 53-G:1, II.

(g) “Department” means the department of business and economic affairs (BEA).

(h) “Eligible service area” means the unserved locations within the political subdivision(s) that would receive broadband service through the BMGI.

(i) “Internet service provider” means an entity that provides subscribers with access to the internet.

(j) “Locations” means the locations as defined within RSA 33:1, IV.

(k) “Overbuild” means the construction of broadband infrastructure to locations not eligible for funding through the BMGI because broadband is already available to those locations at the time of application to the BMGI. Construction of broadband infrastructure on poles with other telecommunications providers in order to provide broadband service to grant eligible locations is not considered overbuild.

(l) “Underserved locations” means the geographic places within the state where the infrastructure that currently provides service does not meet the minimum definition of broadband in RSA 38:38, I (c), or as determined by funding mechanism.

(m) “Unserved locations” means the geographic locations within the state that lack access to broadband service, as defined in RSA 38:38, I (f), from at least one broadband provider.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

Part Bea 403 Bmgi Requirements

N.H. Code Admin. R. Ann. Bea 403.01 Criteria {#sec-bea-403.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 403.01}

for Application. Any New Hampshire municipality or communication district, as well as any provider doing business within New Hampshire, may apply to the BMGI Fund, and any provider that applies shall adhere to RSA 12-O:62, III.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 403.02 Review {#sec-bea-403.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 403.02}

of BMGI Fund Requests.

(a) BEA shall provide one or more application periods. Application windows shall remain open for a pre-determined amount of time and notification of the application windows shall be made available to all entities noted in Bea 404.01. The commissioner and the broadband program manager shall review BMGI fund after the application window closes.

(b) The commissioner and the broadband program manager shall review BMGI fund requests against applicable federal funding requirements.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 403.03 Delivery {#sec-bea-403.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 403.03}

of Materials. The delivery of materials shall be the responsibility of the applicant. Applicants may send applications via mail, hand-delivery, or electronic mail to the following address:

NH Department of Business and Economic Affairs

Division of Economic Development

Broadband Program Manager

100 N Main St.

Concord, NH 03301

broadband@livefree.nh.gov

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 403.04 Failure {#sec-bea-403.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 403.04}

to Comply. Failure to provide any of the information as noted in Bea 404.05 shall result in denial of a BMGI grant in accordance with RSA 541-A:29.Source. #13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23

Part Bea 404 Application for Bmgi Funds

N.H. Code Admin. R. Ann. Bea 404.01 Notification {#sec-bea-404.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 404.01}

BEA shall make all political subdivisions aware of the BMGI program through electronic notification. Those notified shall include, but not be limited to, members of a city council, town council, town select board, town managers or administrators, county administrators, county commissioners, or administrative staff that directly help the leadership of a political subdivision.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 404.02 Required {#sec-bea-404.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 404.02}

Information from Applicant.

(a) The applicant shall complete and submit the following information to BEA:

(1) Form BMGI-01, “Fund Application,” revised 05-23;

(2) Form BMGI-02, “Estimated Project Timeline,” revised 05-23;

(3) If applicable, an overbuild statement, which explains the purpose of an overbuild and how it is necessary so as to provide broadband in unserved and underserved locations. The applicant shall certify no BMGI funds or applicant match shall be proposed to be used for purposes of the overbuild to served locations;

(4) If the project involves bonding, proof the political subdivision or the communications district met all the requirements of RSA 33:3-g, including copies of the following:

a. The request for information (RFI) issued by the political subdivision or communication district and all responses received from providers pursuant to the RFI request subject to the data protection provisions in Bea 407;

b. The request for proposal (RFP) issued by political subdivision or communication district and all responses received from providers pursuant to the RFP request subject to the data protection provisions in Bea 407;

c. The public notice and minutes from at least one public hearing regarding the issuance of bonds;

d. The results of the legislative body’s vote on the issuance of bonds, if applicable;

e. An overview on how the applicant anticipates spending BMGI funds;

(5) Address-level information identifying the unserved locations within the eligible service area, in Microsoft Excel® spreadsheet form;

(6) Official minutes with the results of the governing body’s vote on the agreed-upon BMGI provider, and the minutes shall include:

a. A finding by the governing body that the agreed-upon BMGI provider is technically, managerial, and financially capable of meeting the obligations of the Fund request; and

b. If applicable, information about other providers the municipality considered, including number of unserved and underserved locations proposed to serve, the amount of subsidy requested, and the total cost of the project;

(7) If applicable, a statement of compliance with federal labor and construction standard requirements as required by the federal funding guidance as referenced in Appendix II or the notice of funding opportunity;

(8) Confirmation that the provider shall participate in the Federal Communication Commission’s Affordable Connectivity Program;

(9) A disclosure statement that the provider shall offer at least one low-cost option offered at speeds that are sufficient for a household with multiple users to simultaneously telework and engage in remote learning; and

(10) If the cost per passing as cited in the application is more than $12,000, the applicant shall provide a cost justification for the project.

(b) Upon receipt of the application, the commissioner of BEA and the broadband project manager shall review the documents to ensure the applicant fulfilled all requirements of Bea 404.01 and Bea 404.02. If deemed that all information is submitted, they shall review the documentation to make sure the applicant has fulfilled the requirements of Bea 404.02.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 404.03 Scoring {#sec-bea-404.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 404.03}

of BMGI Fund for Applications.

(a) The department shall assign points based to each application as specified in (c)(1)-(8) and add the points together to get one point total, or score, for the application as a whole.

(b) An applicant shall score 8 points to qualify for BMGI funds. If the applicant scores less than 8 points, it shall be deemed a non-approval as noted in Bea 404.05.

(1) If an applicant has completed and has the required signatures on Form BMGI-01, “Fund Application,” revised 05-23, 1 point;

(2) If an applicant has completed Form BMGI-02, “Estimated Project Timeline,” revised 05-23, 1 point;

(3) If the ISP and political subdivision(s) have agreed to the number and addresses of locations currently unserved within the political subdivision(s), that will have the capacity to access broadband service through the proposed project, 1 point;

(4) If an applicant has committed to a standard and reliable minimum upload/download speeds as stated by the requirement of the funding source, 1 point;

(5) If an applicant discloses it offers at least one low-cost option offered at speeds that are sufficient for a household with multiple users to simultaneously telework and engage in remote learning, 1 point;

(6) If an applicant confirms it shall participate in the Federal Communication Commission’s Affordable Connectivity Program, or its replacement, 1 point;

(7) If an applicant certifies it shall comply, as applicable, with all federal labor and construction standard requirements as required by the Department of Treasury, 1 point; and

(8) If an applicant submits address-level information identifying the unserved locations within the eligible service area, in Microsoft Excel® spreadsheet form, 1 point.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 404.04 Approval {#sec-bea-404.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 404.04}

of BMGI Funds for Applicant.

(a) If the applicant is approved pursuant to Bea 403.02 and Bea 403.03, then the department shall issue a letter with instructions for how to submit additional information as referenced by Bea 406.

(b) No contract shall be executed between BEA and the successful applicant until the challenge period has passed or any challenges have been fully addressed. No funds shall be issued until the contract is signed and approved by the governor and executive council.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 404.05 Non {#sec-bea-404.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 404.05}

-Approval of BMGI Funds for Applicant.

(a) If the applicant is not approved pursuant to Bea 403.04 above, the department shall issue a letter stating the locations in which the application was deficient. The applicant shall receive a non-acceptance letter signed by the commissioner. This letter shall state locations where the application was deficient in satisfying the requirements of Bea 404.02.

(b) The applicant shall have 15 calendar days to resubmit information to remedy the deficiencies, in which time the commissioner and the broadband project manager shall review the documents to ensure the applicant fulfilled all remaining requirements.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

Part Bea 405 Challenge Process

N.H. Code Admin. R. Ann. Bea 405.01 Challenge {#sec-bea-405.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 405.01}

Process.

(a) Upon issuing a preliminary acceptance letter, BEA shall post on its website and notify all interested parties of the award based upon list by town of all providers interested in receiving requests for information, as noted in RSA 33:3-g, IV. This information shall include a description of the proposed project and a Microsoft Excel® spreadsheet with unserved and underserved locations within the project area. Any party shall have 30 calendar days to challenge the decision and provide proof to BEA that RSA 12-O:62, II(b) has not otherwise been fulfilled.

(b) Within this timeline, the challenging party shall provide the following:

(1) Name of challenger;

(2) Organization, if any, challenger represents;

(3) Address, city, state, and Zip code of challenger;

(4) Challenger’s telephone number;

(5) Challenger’s electronic mail address;

(6) One-paragraph summary of the challenge; and

(7) Detailed proof the application are in violation of RSA 12-O:62, II(b).

(c) Upon receipt of the challenge, the commissioner and the broadband project manager shall review the documents and provide a written decision to the challenger and the applicant within 30 calendar days.

(d) If the challenge does not meet the parameters of RSA 12-O:62, II(b), the commissioner shall negotiate a contract with the applicant.

(e) If the challenge does meet the parameters of RSA 12-O:62, II(b), the applicant shall have 30 days to resubmit information to remedy the deficiency, in which time the commissioner and the broadband project manager shall review the documents to ensure the applicant fulfilled all remaining requirements. If the applicant satisfies the challenge, the commissioner shall negotiate a contract with the applicant.

(f) Pursuant to RSA 12-O:62, II(b), a provider who successfully challenges an application’s eligibility for funding because construction has commenced shall complete construction as soon as practical. The provider shall provide BEA and the municipality a summary of existing progress and a timeline for completion of the project within the successfully challenged locations.

(g) If the funding source incorporates its own challenge process, than it shall control and supersede.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

Part Bea 406 Post-Grant Reqirements and Reporting

N.H. Code Admin. R. Ann. Bea 406.01 Reporting {#sec-bea-406.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 406.01}

Requirements.

(a) Within 14 calendar days of the applicant expending funds to begin the project, the applicant shall inform BEA, via written or electronic mail, that construction of the project has started. This communication shall note whether construction has started in an unserved or underserved location.

(b) Every 3 months, the applicant shall submit to BEA, via written or electronic mail, a project update including the following:

(1) Percentage of construction completed;

(2) Amount and percent of BMGI funds spent;

(3) Any changes in construction timeline; and

(4) A breakdown of costs as stated in RSA 12-O:62, IV.

(5) If known, any additional broadband projects happening within the eligible service area.

(c) The applicant may, via written or electronic mail, request an extension of 14 calendar days to provide such information. The request shall include the reason for delay and whether such extension requests are expected for future reporting periods. Such requests shall happen before the day reporting is required. BEA shall respond in a timely manner on whether to grant the extension.

(d) Failure to provide timely reporting to BEA of information required by Bea 406.01 shall result in non-compliance of the contract. BEA, in consultation with the New Hampshire department of justice, shall consider legal options to require compliance of the contract or the return of BMGI funds to the state treasury for noncompliance or breach of contract.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

Part Bea 407 Data Protection

N.H. Code Admin. R. Ann. Bea 407.01 Protection {#sec-bea-407.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 407.01}

of Trade Secrets, Financial Information, and Proprietary Information.

(a) Pursuant to RSA 12-O:62, II (c), certain information shall be exempt from disclosure under RSA 91-A. This information includes:

(1) Trade secrets;

(2) Financial information; and

(3) Other proprietary information.

(b) This information shall pertain to information about the provider given by itself, a political subdivision(s), or the communication district. This information shall not pertain to information related to the determination of eligible service areas or locations proposed to be served by an applicant to the BMGI.

(c) BEA shall maintain the information in (a) above in a password-protected account with limited access to the commissioner, staff the commissioner deems critical to BMGI, and those required by law to have this information.

(d) All further inquiries regarding the release of said information shall be directed to the department of justice, office of the attorney general.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

N.H. Code Admin. R. Ann. Bea 407.02 Other {#sec-bea-407.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 407.02}

Information. Any information communicated to BEA that does not fit the categories listed within Bea 407.01 shall be subject to RSA 91-A. All information transmitted by BEA regarding the BMGI shall be subject to RSA 91-A.

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

Part Bea 408 Information

N.H. Code Admin. R. Ann. Bea 408.01 Information {#sec-bea-408.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 408.01}

The public may obtain information regarding the BMGI program and the BMGI fund by contacting BEA as described in Bea 403.03.

APPENDIX I

Provision of the Proposed Rule

Specific State or Federal Statutes or Regulations which the Rule is intended to implement

Bea 401.01

RSA 6:12, I (b), (373); RSA 12-O:61;

RSA 12-O:62, III; RSA 12-O:63

Bea 401.02

RSA 12-O:61, III

Bea 402.01

RSA 33:1, IV; RSA 38:38, I (c), (e), & (f);

RSA 53-G:1, II

Bea 403.01

RSA 12-O:61, III; RSA 12-O:62, III

Bea 403.02 through Bea 403.03

RSA 12-O:62, I-VII

Bea 403.04

RSA 12-O:62, I-VII; RSA 541-A:29

Bea 404.01

RSA 12-O:62, I

Bea 404.02

RSA 12-O:62, I-V

Bea 404.03 through Bea 404.04

RSA 12-O:62, I

Bea 404.05

RSA 12-O:62, I; RSA 541-A:29

Bea 405.01

RSA 12-O:62, II (b)

Bea 406.01

RSA 12-O:62, V-VI

Bea 407.01 through Bea 407.02

RSA 12-O:62, II (c)

Bea 408.01

RSA 12-O:62, I

Appendix II

Provision of the Proposed Rule

Title

Obtain at:

Bea 403.02 (b),

Bea 404.02 (b)(7).

“Guidance for the Coronavirus Capital Projects Fund for States, Territories, and Freely Associated States” September 2021

https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/capital-projects-fund

“Notice of Funding Opportunity – Broadband Equity, Access, and Deployment Program” May 2022

https://broadbandusa.ntia.doc.gov/sites/default/files/2022-05/BEAD%20NOFO.pdf

History

#13515, INTERIM, eff 1-5-23, EXPIRES: 7-4-23; ss by #13734, eff 9-1-23

Chapter Bea 500 Housing Champion Program

Part Bea 501 Purpose and Applicability

N.H. Code Admin. R. Ann. Bea 501.01 Purpose {#sec-bea-501.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 501.01}

The purpose of this chapter is to implement the New Hampshire housing champion (HC) designation and grant program established pursuant to RSA 12-O:71 -75.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 501.02 Applicability {#sec-bea-501.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 501.02}

The rules of this chapter shall apply to any municipality who applies for a HC designation, a housing planning and regulation municipal grant, a housing production municipal grant, or a housing infrastructure municipal grant or loan.

History

#14043, eff 8-8-24

Part Bea 502 Definitions

N.H. Code Admin. R. Ann. Bea 502.01 Accessory dwelling unit {#sec-bea-502.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.01}

“Accessory dwelling unit” (ADU) means “accessory dwelling unit” as defined in RSA 674:71, namely, “a residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.” This term includes “detached accessory dwelling units” as described in RSA 674:73.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.02 Advisory committee {#sec-bea-502.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.02}

“Advisory committee” means the New Hampshire HC designation program advisory committee.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.03 Age-friendly housing {#sec-bea-502.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.03}

“Age-friendly housing” means a housing unit which contains features which makes it attractive for occupancy by people in a range of life stages from young children to seniors including single-level living.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.04 Age-restricted housing {#sec-bea-502.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.04}

“Age-restricted housing” means “housing for older persons” as defined in RSA 354-A:15, VIII(a).

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.05 Area median income {#sec-bea-502.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.05}

“Area median income” means the median income of the greater region, either the United States Department of Housing and Urban Development (HUD) metropolitan or non-metropolitan fair market rent area to which the municipality belongs, as is established and updated annually by HUD.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.06 Building permit {#sec-bea-502.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.06}

“Building permit” means a document issued by the state or by a local municipality, other than a zoning permit or land use permit, granting permission to a building owner or builder to construct or renovate a building, building component, or structure within the state or municipality.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.07 Capital improvement program (CIP) {#sec-bea-502.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.07}

“Capital improvement program (CIP)” means the plan of proposed spending for capital items based on projects of municipality needs, fiscal capability, and demand for services, as permitted in RSA 674:5.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.08 Certificate of occupancy {#sec-bea-502.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.08}

“Certificate of occupancy” means a document issued by a local municipality or the state, upon the satisfactory completion of required inspections, granting permission to occupy the building for its intended use.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.09 Change of use permit {#sec-bea-502.09 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.09}

“Change of use permit” means a permit which allows for changing of a use of a building or structure and is intended to verify compliance with the applicable codes for a new use and provide a certificate of occupancy for new uses where there is no significant work that would otherwise require a building permit.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.10 Community water system {#sec-bea-502.10 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.10}

“Community water system” means “community water system” as defined in RSA 485:1-a, I, namely, “a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.11 Complete street {#sec-bea-502.11 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.11}

“Complete street” means a roadway designed and operated to enable safe use and support mobility for all users, which include people of all ages and abilities, regardless of whether they are travelling as drivers, pedestrians, bicyclists, or public transportation riders.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.12 Cottage courts {#sec-bea-502.12 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.12}

“Cottage courts” means a type of missing middle housing that are a grouping of small, detached structures clustered around a shared common area, and developed with a plan for the entire site, including having the unit entrances facing the shared common area.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.13 Deed restricted {#sec-bea-502.13 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.13}

“Deed restricted” means housing which has a deed rider and is subject to a long-term affordability covenant of no less than 10 years with a provision for municipal or third-party monitoring which ensures the affordability of the units for a prescribed amount of time and ensures that the occupants of the housing income qualify to live in the housing units.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.14 Department {#sec-bea-502.14 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.14}

“Department” means the department of business and economic affairs (BEA).

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.15 Designation applicant {#sec-bea-502.15 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.15}

“Designation applicant” means the municipality applying for a HC designation.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.16 Drinking water {#sec-bea-502.16 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.16}

“Drinking water” means water from ground or surface sources which has been treated in accordance with the requirements of the federal and state Safe Drinking Water Act and is safe for human consumption.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.17 Duplex {#sec-bea-502.17 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.17}

“Duplex” means a building divided into 2 housing units.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.18 Dwelling unit {#sec-bea-502.18 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.18}

"Dwelling unit'' means “dwelling unit” as defined in RSA 153:1, III, namely, “a single unit providing complete and independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.19 Equipment {#sec-bea-502.19 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.19}

“Equipment” means tangible personal property, including information technology systems, having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by a municipality for financial statement purposes, or $5,000.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.20 Fire suppression system {#sec-bea-502.20 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.20}

“Fire suppression system” means a system which is used to extinguish, control, or in some cases, entirely prevent fires from spreading or occurring and includes, but are not limited to fire sprinkler heads, water piping networks, standpipes, and smoke alarms.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.21 Grant applicant {#sec-bea-502.21 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.21}

“Grant applicant” means the municipality applying for a housing planning and regulation municipal grant, a housing production municipal grant, or a housing infrastructure municipal grant.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.22 Grantee {#sec-bea-502.22 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.22}

“Grantee” means a municipality that has been awarded a housing planning and regulation municipal grant, a housing production municipal grant, or a housing infrastructure municipal grant.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.23 Household {#sec-bea-502.23 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.23}

“Household” means one person, a family, or a group of persons who could be related by blood, marriage, or adoption and who occupy a single housing unit.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.24 Housing infrastructure {#sec-bea-502.24 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.24}

“Housing infrastructure” means any infrastructure that supports housing including but not limited to new construction or capacity increases for drinking water, sanitary sewer, stormwater, highway infrastructure, telecommunications, and electrical distribution infrastructure.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.25 Housing unit {#sec-bea-502.25 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.25}

“Housing unit” means “dwelling unit.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.26 Income {#sec-bea-502.26 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.26}

“Income” means all wages and salaries, interest, social security, pensions, net business income, rental income, transfer, welfare payments, veterans’ benefits, education assistance, and alimony received, but not alimony paid, to adults living in the same family or household.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.27 Land use regulations and ordinances {#sec-bea-502.27 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.27}

“Land use regulations and ordinances” means rules regulating how land might be used, including, but is not limited to, zoning ordinances adopted pursuant to RSA 674:16, innovative land use controls adopted pursuant to RSA 674:21, subdivision regulations adopted pursuant to RSA 674:35, and site plan regulations adopted pursuant to RSA 674:43.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.28 Lendee {#sec-bea-502.28 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.28}

“Lendee” means a municipality that has been awarded a housing infrastructure loan.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.29 Loan applicant {#sec-bea-502.29 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.29}

“Loan applicant” means a municipality that is applying for a housing infrastructure loan.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.30 Local land use board {#sec-bea-502.30 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.30}

“Local land use board” means “local land use board” as defined in RSA 672:7, namely “a planning board, historic district commission, inspector of buildings, building code board of appeals, zoning board of adjustment, or other board or commission authorized under RSA 673 established by a local legislative body.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.31 Local governing body {#sec-bea-502.31 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.31}

“Local governing body” means “local governing body” as defined in RSA 672:6, namely, “in addition to any other appropriate title:

I. Board of selectmen in a town;

II. City council or board of aldermen in a city;

III. Village district commissioners in a village district; or

IV. County commissioners in a county in which there are located unincorporated towns or unorganized places.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.32 Lot {#sec-bea-502.32 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.32}

“Lot” means “lot” as defined in RSA 674:24, namely, “a parcel of land at least sufficient in size to meet the minimum requirements for use, coverage and area and to provide required yards and other open spaces. An undersize lot is permissible if it passes state standards for soil conditions and substantially meets the requirements here and if in existence on the date of adoption of this ordinance.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.33 Master plan {#sec-bea-502.33 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.33}

“Master plan” means a planning document developed in accordance with RSA 674:1 to RSA 674:4 that establishes the vision and land use and development principles for the municipality.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.34 Missing middle housing ordinance {#sec-bea-502.34 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.34}

“Missing middle housing ordinance” means a standalone ordinance or section in a zoning ordinance that allows for a diverse range of house types including duplexes, triplexes, quadplexes, and other multi-family housing typically with between 2 and 8 housing units per structure, or more in higher density locations.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.35 Multi-family housing {#sec-bea-502.35 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.35}

“Multi-family housing” means “multi-family housing” as defined in RSA 674:58, II, namely, “a building or structure containing 5 or more dwelling units, each designed for occupancy by an individual household.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.36 Municipal grants {#sec-bea-502.36 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.36}

“Municipal grants” refers collectively to all grants created pursuant to the HC designation and grant program, pursuant to RSA 12-O:69 through RSA 12-O:74.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.37 Municipality {#sec-bea-502.37 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.37}

"Municipality" means ''municipality" as defined in RSA 672:10, namely "cities, towns, village districts, and counties in which there are located unincorporated towns or unorganized places."

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.38 Other land use regulation or ordinance {#sec-bea-502.38 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.38}

“Other land use regulation or ordinance” means a land use regulation or ordinance adopted by a municipality pursuant to RSA Title LXIV which the department has determined promotes the development of workforce housing and other types of housing necessary for the economic development of the state. Such land use regulation and ordinances can include, but are not limited to those which provide:

(a) A streamlined permitting or approval process, including online submission of applications;

(b) Relief for meeting certain dimensional requirements including front, side, and rear setbacks, frontage, and height in exchange for the development of workforce housing;

(d) Promotion of homes affordable up to 120 percent of AMI; or

(e) Removal of change of use permit requirements for the conversion of existing buildings and structures to residential use

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.39 Other types of housing necessary for the economic development of the state {#sec-bea-502.39 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.39}

“Other types of housing necessary for the economic development of the state” means any type of housing that is suitable for year-round occupancy and is intended for non-transient occupancy.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.40 Planned unit development {#sec-bea-502.40 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.40}

“Planned unit development” (PUD) means a residential development of single-family or multi-family dwellings in conjunction with rental, condominium, cooperative or town house properties with at least the following characteristics:

(a) A homeowner association that holds either title in fee or a lease of prescribed length on the common area;

(b) Mandatory membership of all unit owners, or units, in the association;

(d) Lien supported assessment of the members to meet the association's budgeted operating costs, but special assessments may be handled differently.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.41 Planning board {#sec-bea-502.41 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.41}

“Planning board” means “planning board” as defined in RSA 672:11, namely, a “city, town, village district, and county planning board, in counties which contain unincorporated towns or unorganized places, established under the provisions of RSA 673.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.42 Property {#sec-bea-502.42 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.42}

“Property” means real property or personal property.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.43 Public water system {#sec-bea-502.43 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.43}

“Public water system" means “public water system” as defined in RSA 485:1-a, XV, namely, “a system for the provision to the public of piped water for human consumption, if such a system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.44 Quadplex {#sec-bea-502.44 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.44}

“Quadplex” means a building that contains 4 housing units.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.4544 Qualified third-party provider {#sec-bea-502.4544 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.4544}

“Qualified third-party provider” means a provider that meets the qualification established by the department.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.46 Real property {#sec-bea-502.46 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.46}

“Real property” means land, including land improvements, structures, and appurtenances thereto, but excludes moveable machinery and equipment.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.47 Residential use {#sec-bea-502.47 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.47}

“Residential use” means lands, buildings, or structures or portions thereof used, or designed or intended for use as a home or residence of one or more individuals, and includes a single detached dwelling, a semi-detached dwelling, a multiple-unit dwelling, an apartment dwelling, or the residential portion of a mixed-use building or structure.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.48 Sewerage {#sec-bea-502.48 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.48}

“Sewerage” means a system of pipes, pumping facilities, and appurtenances for the collection and conveyance of sewage and liquid wastes.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.49 Sidewalk {#sec-bea-502.49 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.49}

“Sidewalk” means “sidewalk” as defined in RSA 259:100, namely, “a path, usually paved, reserved by custom for the use of pedestrians, which are within the compact part of a city, village or district. It shall not include crosswalks, nor footpaths outside the compact part of towns and cities that are worn only by travel and not improved by towns or cities or the abutters, nor any paths or walks that are built for the exclusive use of bicyclists.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.50 Subdivision {#sec-bea-502.50 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.50}

“Subdivision” means “subdivision” as defined in RSA 672:14, namely, “the division of the lot, tract, or parcel of land into 2 or more lots, plats, sites, or other division of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance, or building development. It includes re-subdivision and, when appropriate to the context, related to the process of subdividing or to the land or territory subdivided.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.51 Supply {#sec-bea-502.51 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.51}

“Supply” means tangible personal property, other than that which is described as “equipment,” with a useful life of less than one year or a value of the lesser of $5,000 or the municipality’s capitalization level for financial statement purposes.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.52 Triplex {#sec-bea-502.52 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.52}

“Triplex” means a building with 3 housing units.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.53 Wastewater treatment plant {#sec-bea-502.53 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.53}

“Wastewater treatment plant” means “wastewater treatment plant,” as defined in RSA 485-A:2, XVI-a, namely “the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.54 Workforce housing {#sec-bea-502.54 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.54}

“Workforce housing” means “workforce housing” as defined in RSA 674:58, namely “housing which is intended for sale and which is affordable to a household with an income of no more than 100 percent of the median income for a 4-person household for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development. ‘Workforce housing’ also means rental housing which is affordable to a household with an income of no more than 60 percent of the median income for a 3-person household for the metropolitan area or county in which the housing is located as published annually by the United States Department of Housing and Urban Development. Housing developments that exclude minor children from more than 20 percent of the units, or in which more than 50 percent of the dwelling units have fewer than 2 bedrooms, shall not constitute workforce housing.”

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.55 Workforce housing ordinance {#sec-bea-502.55 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.55}

“Workforce housing ordinance” means a standalone ordinance or section in a zoning ordinance which allows for the development of workforce housing which complies with RSA 674:58-61.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.56 Zoning ordinances {#sec-bea-502.56 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.56}

“Zoning ordinances” means an ordinance, whether newly enacted or amended, which divides a municipality into zones where different land uses are permitted and regulates different land uses, which complies with RSA 674:16 through RSA 674:18.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 502.57 Zoning permit {#sec-bea-502.57 omnilex-key=us-nh-regs-official--agency-bea--Bea 502.57}

“Zoning permit” means a permit issued by a local municipality pursuant to the applicable provisions of RSA 674:16 through RSA 674:23.

History

#14043, eff 8-8-24

Part Bea 503 Program Roles

N.H. Code Admin. R. Ann. Bea 503.01 Department Roles {#sec-bea-503.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 503.01}

The HC designation and grant program shall be administered by the department, such as utilizing staff in authorized positions, contingent upon availability of funding, including the following roles with the accompanying responsibilities:

(a) An administrator II, whose responsibilities shall include:

(1) Developing program policies aimed at accelerating the implementation of programs and funding available to support the housing market in the state of New Hampshire;

(2) Overseeing strategic goals of the program, collaborate with mission partners, and oversee quality assurance for the programs; and

(3) Providing management and supervision to other members of the HC designation and grant team;

(b) A program specialist IV whose responsibilities shall include:

(1) Supporting, evaluating, planning, and developing policies and procedures related to the HC designation program and the municipal grant programs;

(2) Participation and assistance with all program administration activities, including, but not limited to, the development and promotion of program materials; and

(3) The development of proposals and applications for further funding sources, and review and scoring of applications; and

(1) Analyzing and interpreting planning policies and procedures and monitoring the design and implementation of various programs and projects under the HC designation program and municipal grant programs;

(2) Providing professional and technical assistance to all stakeholders, monitoring, and coordinating the gathering and reporting of data; and

(3) Identifying program priorities based on municipality needs.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 503.02 Role of the Program Advisory Committee {#sec-bea-503.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 503.02}

(a) The advisory committee established by the department pursuant to RSA 12-O:76 shall review and make recommendations on any proposed rules for the HC designation program and the municipal grant programs.

(b) The advisory committee shall also review and provide feedback on program guidance, or amendments to rules before implementation of those changes.

History

#14043, eff 8-8-24

Part Bea 504 New Hampshire Housing Champion Designation

N.H. Code Admin. R. Ann. Bea 504.01 HC Designation Principles {#sec-bea-504.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.01}

Each HC designation applicant shall demonstrate dedication to encouraging and establishing workforce housing and other types of housing necessary for the economic development of the state.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.02 Eligibility for HC Designation {#sec-bea-504.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.02}

(a) Municipalities within the state of New Hampshire shall be eligible to apply for HC designation.

(b) Participation in the New Hampshire HC designation program shall be voluntary. Each municipality has the option, in its sole discretion, to apply to the department to receive the New Hampshire HC designation.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.03 Benefits of HC Designation {#sec-bea-504.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.03}

Municipalities with an active HC designation shall receive the following benefits:

(a) Preferential access to state resources including, but not limited to, discretionary state infrastructure funds, as available; and

(b) Eligibility for the housing production municipal grant program and the housing infrastructure municipal grant and loan program.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.04 Scoring of HC Designation Applications {#sec-bea-504.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.04}

A municipality shall achieve a minimum total of 80 points in order to qualify for the HC designation. Points shall be awarded in 6 categories, with the following categories in (a) through (d) being required:

(a) Adoption of land use regulations and ordinances;

(b) Training of planning board and zoning board members;

(d) Implementation of walkability infrastructure upgrades;

(e) Adoption of financial tools that incentivize the building of workforce housing; and

(f) Other activities supporting the HC designation.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.05 Qualification Based on Adoption of Land Use Regulations {#sec-bea-504.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.05}

(a) Designation applicants shall receive points for the adoption of land use regulations and ordinances in order to qualify for HC designation.

(b) A municipality shall receive a minimum of 10 points and a maximum of 40, based on its adoption of land use regulations and ordinances which the department determines are necessary to promote the development of workforce housing and other forms of housing necessary for the economic development of the state. To receive points for adopting or adopted regulations and ordinances satisfying the requirements RSA 674:59 and 10 points for up to 4 of the land use regulation and ordinance identified in 504.05(k), a municipality shall provide a copy of the relevant sections of the land use regulations and ordinances which demonstrate they have met the minimum standards.

(1) That they meet the requirements of RSA 674:59 relative to workforce housing; and

(2) That they adopted at least one of the eligible land use regulations and ordinances outlined in Bea 504.05(k), which shall meet the minimum standards listed in the rules to be eligible for the HC designation.

(d) Municipalities which have not adopted a zoning ordinance pursuant to RSA 674:16, but do not otherwise bar the development of workforce housing, or in fact encourage it, may be deemed to have met the criteria for scoring based on adoption of land use regulations and receive the maximum score of 40 points. The department shall evaluate such circumstances and make a determination as to whether that municipality’s lack of zoning, or existing regulatory environment, achieves the spirit and purpose of the HC designation as it pertains to the land use regulation criteria.

(e) Applicants shall receive a maximum of 10 bonus points if they have 5 or more qualifying land use regulations and ordinances.

(f) Bonus points shall be available to smaller communities. A maximum of 15 bonus points shall be awarded to municipalities with 10,000 or fewer residents as of the most recent decennial census conducted by the U.S. Census Bureau. These additional bonus points shall be inclusive of the 10 bonus points outlined above for qualifying land use regulations and ordinances, as no applicant can receive more than 15 bonus points from this qualifying category.

(g) When evaluating a municipality’s application for HC designation, the department shall review the text of all ordinances for which the applicant municipality seeks points and shall award points only if the ordinance meets the established minimum criteria and is consistent with the purposes of the HC designation.

(h) A municipality may substitute up to 2 other land use regulations or ordinances, including innovative land use controls adopted pursuant to RSA 674:21, which promote the development of workforce housing and other types of housing necessary for the economic development of the state, that are not included in the list of qualifying ordinances for an HC designation application round for the purposes of satisfying the requirements of this section. The municipality shall provide the department any substituted land use regulations or ordinances including supporting information demonstrating said substitute land use regulation or ordinance positively impacts the development of housing. Substituted land use regulations or ordinances which demonstrate a positive impact on housing development shall be valued at 10 points, unless the criteria cap or maximum has been reached.

(i) The department shall make additional bonus points available based on department priorities and best practices.

(j) The department shall review the preliminary list of qualifying regulations and ordinances in Bea 504.05(k), prior to each HC designation application round. As noted in Bea 504.05(b), each regulation or ordinance is valued at 10 points, up to the maximum point total applicable to a municipality’s HC designation application.

(k) The list of qualified ordinances shall be as follows:

(1) A workforce housing ordinance shall:

a. Allow for the development of multi-family workforce housing including rental housing containing 5 or more dwelling units as defined in RSA 674:58, II as a matter of right in a majority of the land area that is zoned to permit residential uses within the municipality;

b. Not place requirements on minimum lot size and other dimensional requirements including height and parking requirements that are more restrictive than for other types of allowed residential uses; and

c. Contain provisions which require the workforce housing units be subject to a deed restriction as defined in Bea 502.13, requiring a long-term affordability covenant of no less than 10 years with a provision for municipal or third-party monitoring;

(1) An accessory dwelling unit ordinance shall:

a. Allow at least one attached ADU as a matter of right in all zoning districts that permit single-family dwellings;

b. Allow detached ADUs as a matter of right, by conditional use permit pursuant to RSA 674:21, or by special exception pursuant to RSA 674:33, IV, in all zoning districts that permit single-family dwellings;

c. Not require more than one off-street parking space per ADU; and

d. Comply with the requirements of RSA 674:72;

(m) A cluster development ordinance, also known as an open space residential development ordinance or a conservation subdivision ordinance, shall:

a. Allow for cluster developments as a matter of right in a majority of the land area that is zoned to permit residential use within the municipality;

b. Provide a density bonus which allows for at least a 20 percent density bonus above the total number of units allowed in a conventional subdivision in exchange for protecting more than the minimum amount of open space as required by the cluster development ordinance; and

c. Have a density formula or yield plan which allows for the applicant to determine the maximum number of homes that could be built under the cluster development ordinance at a design review phase conducted pursuant to RSA 676:4, II(b);

(1) A form-based code shall allow:

a. A diverse range of house types;

b. A minimum of 5 dwelling units per building; and

c. The adaptive reuse of existing buildings into residential buildings in downtown and village centers or other areas where there is an existing concentration of development as outlined in a municipality’s master plan by a matter of right;

(2) An inclusionary zoning ordinance shall:

a. Require that an economically viable percentage of the total number of housing units shall be workforce housing that is deed-restricted, but no less than 10 percent of the units for 10-plus unit developments; and

b. The voluntary commitment of the property owner to provide deed-restricted workforce housing shall result in the property owner receiving a minimum 20 percent density bonus above the base density permitted in the zoning district or an allowance to build an extra story of housing;

(3) A manufactured housing ordinance shall, in accordance with RSA 674:32, I:

a. Allow manufactured housing as defined in RSA 674:31 and RSA 205-A:1, I on individual lots in most land areas in districts zoned to permit residential uses within the municipality, with parking and density requirements no more restrictive than for other residential uses allowed in such districts; or

b. Provide:

i. Reasonable and realistic opportunities for manufactured housing parks as defined in RSA 205-A:1, II in most land areas in districts zoned to permit residential uses within the municipality, with parking and density requirements no more restrictive than for other residential uses allowed in such districts; and

ii. Reasonable and realistic opportunities for manufactured housing subdivisions in a majority of the land areas in districts zoned to permit residential uses within the municipality with parking and density requirements no more restrictive than for other residential uses allowed in such districts;

(4) A missing middle housing ordinance shall allow as a matter of right in a majority of the land area that is zoned to permit residential uses that allow structures which contain as few as 2 housing units per structure and as many as 8 housing units per structure. Municipalities which enable higher density may allow for more than 8 units per structure as part of their missing middle housing ordinance;

(5) A mixed-use zoning ordinance shall:

a. Provide reasonable and realistic opportunities for a mix of residential, commercial, and retail uses in the same building or on the same lot as a matter of right;

b. Allow multi-family housing containing 5 or more dwelling units as defined in RSA 674:58, II as a matter of right for new developments in the mixed-use zoning district; and

c. Allow the conversion of space in existing buildings or structure to residential use as a matter of right in the mixed-use zoning district without the need for a change of use permit;

(6) A multi-family housing zoning ordinance shall:

a. Allow multi-family housing that is not age-restricted housing as a matter of right in either all zoning districts that encourage higher-density mixed-use development or all multi-family base or overlay zoning districts; and

b. Not place a restriction on the number of housing units in a multi-family building or structure that meets the definition of multi-family housing;

(7) A planned unit development ordinance shall allow PUD as a matter of right in either a planned unit development base or overlay zoning districts or other zoning district that encourages higher-density mixed-use development, missing middle housing enabling zones, cluster development enabling zones, multi-family enabling zones, or in most land areas in districts zoned to permit residential uses within the municipality;

(8) A zoning ordinance shall require minimum lot sizes for residential uses in most land areas in districts zoned to permit residential uses within the municipality that are:

a. No greater than 43,560 square feet or one acre for lots with the best soil types and no slope if a majority of the lots in the zoning district do not have access to public water or sewer;

b. No greater than 10,890 square feet or ¼ of an acre if a majority of the lots in the zoning district have access to public water and sewer; or

c. No greater than 21,780 square feet or ½ of an acre if a majority of the lots in the zoning district have access to public water or sewer;

(9) A zoning ordinance shall in most land areas in districts zoned to permit residential uses within the municipality:

a. Allow as a matter of right dwelling units that are as small as 220 square feet as long as they meet all requirements of the state fire code, RSA 153 and the state building code, RSA 155-A; and

b. Not place any limitations on the construction of tiny houses on foundations that are 400 square feet or less that meet the requirements of IRC Appendix Q as included in the state building code, RSA 155-A;

(10) In most land areas in districts zoned to permit residential uses within the municipality, the zoning ordinance, site plan review regulation, subdivision regulation, or innovative land use control shall not require more than one off-street parking space for any housing unit; and

(11) A transfer of development rights ordinance shall:

a. Designate sending and receiving zones;

b. Include a formula or mechanism to purchase additional density in the receiving zone, with resulting funds dedicated to an affordable housing fund identified in Bea 504.09(c)(5) or a conservation fund;

c. Include a mechanism for the property owner to sell or donate the development rights to their property; and

d. Include a legal mechanism to ensure that land in the sending zone is conserved.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.06 Qualifications Based on Planning and Zoning Board Training {#sec-bea-504.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.06}

(a) Each applicant shall have a score in this qualification category, and the points awarded under this section shall count towards the total HC designation score, which shall be considered as a factor in the awarding of funding under the housing production municipal grant program detailed in Bea 506 and the housing infrastructure municipal grant program detailed in Bea 507.

(b) Municipalities shall receive a maximum of 25 points, as outlined below:

(1) Ten points if a municipality has and regularly facilitates its own, or third-party, training sessions with land use board members;

(2) Ten points if a municipality demonstrates that a majority of members of each of its land use boards, inclusive of alternate members, has engaged in at least 2 hours of training during their current term, or such training is part of and was completed in conjunction with initial orientation of its land use board members; and

(3) Five points if a municipality has and regularly distributes training materials for its land use board members.

(c) The training shall cover the processes, procedures, regulations, and statutes related to the board on which the member serves. The department shall evaluate trainings offered by other entities and shall determine them eligible if they cover these topics. Training that covers these topics and are offered, administered, or facilitated by the department's office of planning and development, the New Hampshire municipal association, a regional planning commission, or the New Hampshire planners association shall be eligible.

(d) A maximum of 10 additional bonus points shall be awarded if a municipality provides the following certificates for a majority of the members of each of its land use board, inclusive of alternate members:

(1) Five points if a municipality provides evidence that a majority of its planning board members, inclusive of alternates, successfully completed the department’s office of planning and development (OPD) planning board handbook test; and

(2) Five points if a municipality provides evidence that a majority of its zoning board of adjustment members, inclusive of alternates, successfully completed the department’s office of planning and development (OPD) zoning board of adjustment handbook test.

(e) The department shall make additional bonus points available at its discretion based on department priorities and best practices. Any additional bonus point criteria shall be publicized prior to the commencement of each application round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.07 Qualification Based on Sewer and Water Infrastructure Improvements {#sec-bea-504.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.07}

(a) Each applicant shall have a score in this qualification category, and the points awarded under this section shall count towards the total HC designation score.

(b) Municipalities shall receive a maximum of 25 points for eligible completed, ongoing, or planned projects, which include sewer and water infrastructure improvements that are intended to support the development of workforce housing and other types of housing necessary for the economic development of the statute, as outlined below:

(1) Completed eligible infrastructure improvements projects shall receive 10 points if they were completed within the 6 calendar years preceding the municipality’s application for HC designation;

(2) Ongoing investments in eligible infrastructure improvements projects shall receive 10 points if the municipality is amidst the development or construction phases of the project and it will be completed within the next 6 calendar years following the application for HC designation;

(3) Planned eligible infrastructure improvements projects shall receive 5 points if the municipality has completed a formal plan for the project and has an obligation to move forward with and complete the project within 9 years following the application for HC designation. A HC designation renewal application, which occurs every 3 years, shall demonstrate measurable progress of such planned projects; and

(4) Planned eligible infrastructure improvement projects that lack sufficient funding to move forward, and therefore do not currently have an obligation to move forward or complete the project and would also be reliant upon funding in a subsequent HC designee eligible award program shall receive a score of zero points but shall still be considered an eligible project for the purposes of meeting the required HC designation criteria.

(c) Eligible completed infrastructure projects or improvements shall meet the following criteria, while ongoing and planned projects or improvements shall meet criteria (1) and demonstrate a defined path or plan to achieve criteria (2) through (4), where applicable:

(1) Have been implemented in the 6 calendar years preceding the municipality’s application for HC designation, or meet the definition of ongoing or planned projects in section Bea 504.07(b) if an ongoing or planned project or improvement;

(2) Have received all necessary local approvals and permits;

(3) Have received all necessary approvals and permits from the New Hampshire department of environmental services; and

(4) For sewer infrastructure improvements, increased the number of sewer system residential service connections, or for water infrastructure improvements, increased the number of community water system residential service connections.

(d) Additional considerations as to whether a project shall be considered planned, include but are not limited to:

(1) Whether the applicant municipality has a pending application to the New Hampshire department of environmental services for water or wastewater infrastructure funds;

(2) Whether the improvements are under construction;

(3) Whether the applicant municipality has a capital improvement program (CIP) reserve fund which fully funds such improvements under the municipality’s active CIP;

(4) Whether the applicant municipality can demonstrate that it has planned for the installation of sewer or water infrastructure based on its inclusion in the municipality’s active capital improvement program;

(5) Whether the applicant municipality can demonstrate that it has planned for the installation of sewer or water infrastructure based on discussion of such improvements in the municipality’s master plan; and

(6) Whether the applicant municipality has appropriated through its local governing body the municipal engineering costs for the project.

(e) The department shall review qualifying sewer and water infrastructure investments, listed below, prior to each HC designation application round.

(f) Qualifying investments when intended to support the development of workforce housing and other types of housing necessary for the economic development of the state includes:

(1) Wastewater treatment plant;

(2) Sewerage;

(3) Water treatment plant;

(4) Water distribution system;

(5) Community well;

(6) Interconnection of 2 community water systems;

(7) Interconnection of a community water system to a non-transient non-community water system;

(8) Interconnection of a community water system to a privately owned redistribution system; and

(9) Interconnection of a wastewater treatment plant and sewerage to sewerage in another municipality.

(g) A maximum of 5 bonus points shall be awarded to applicants that can demonstrate the following:

(1) That the municipality has adequate water and sewer capacity to accommodate a minimum 10 percent increase in its total number of housing units above the total number of housing units reported by the U.S. Census Bureau in the most recent decennial census;

(2) That the municipality has implemented qualifying sewer and water infrastructure improvements in the 6 calendar years preceding the municipality’s application for HC designation in or adjacent to infill locations in downtowns, town centers, village centers, and other community center areas as shown on the NH Community Center Area GIS layer on the New Hampshire Geodata Portal accessible at https://www.nhgeodata.unh.edu/datasets/5e007caee50e428d8bb62e31baf6c0de/explore?location=43.596458%2C-71.640395%2C11.93; or

(2) That the eligible water and sewer infrastructure improvement benefits an entire zone or district within that municipality’s land use regulations or zoning map and enables within that zone or district the construction of workforce housing and other types of housing necessary for the economic development of the state.

(h) The department shall make additional bonus points available based on department priorities and best practices, and lessons learned from prior application rounds. Any additional bonus point criteria shall be publicized prior to the commencement of each application round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.08 Qualifications Based on Public Transportation, Sidewalks, and Walkability Infrastructure Improvements {#sec-bea-504.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.08}

(a) Each applicant shall have a score in this qualifying category, and the points awarded under this section shall count towards the total HC designation score.

(b) Municipalities shall receive a maximum of 10 points for completed, ongoing, or planned implementation of qualifying public transportation projects, which may include sidewalk, or other walkability infrastructure improvements that are intended to support the development of workforce housing and other types of housing necessary for the economic development of the statute, as outlined below:

(1) Completed eligible improvements shall receive 2 points in this program if they were completed within the 6 calendar years preceding the municipality’s application for HC designation;

(2) Ongoing investments in eligible improvements shall receive 2 points in this program if the municipality is amidst the development or construction phases of the project and it will be completed within the next 6 calendar years following the application for HC designation; and

(3) Planned or future eligible improvements shall receive 2 points in this program if the municipality has completed the planning stage of the project and has an obligation to move forward with and complete the project within 9 years following the application for HC designation. A HC designation renewal application, which occurs every 3 years, shall demonstrate measurable progress of such planned projects.

(c) Completed public transportation improvements, sidewalks, or other walkability infrastructure enhancements shall meet the following minimum standards, while ongoing and planned improvements shall meet the conditions outlined in Bea 504.08 (b)(2) and (3) and demonstrate a defined path or plan to achieve the below criteria:

(1) Attain all necessary local approvals and permits;

(2) Attain all necessary approvals and permits from the New Hampshire department of transportation;

(3) Comply with Americans with Disabilities Act, Title II, 28 CFR Part 35, and the 2010 Americans with Disabilities Act Standards for Accessible Design accessible at https://www.ada.gov/law-and-regs/design-standards/

(4) Be available for year-round use; and

(5) Provide a direct connection of one mile or less between a residential zoning district of a municipality and a downtown, town center, village center, retail area, commercial area, public school, public transportation, open space, or other amenity or community center area.

(d) Additional considerations as to whether a project shall be considered planned, include but are not limited to:

(1) Whether the applicant municipality has a pending application to the New Hampshire department of transportation for transportation alternative program funds;

(2) Whether such improvements are under construction;

(3) Whether the applicant municipality has a CIP reserve fund which shall fully fund such improvements under the municipality’s active CIP;

(4) Whether the applicant municipality has entered into a public-private partnership to undergo specific improvements;

(5) Whether the applicant municipality can demonstrate that it has planned for the installation of public transportation, sidewalks, or other walkability infrastructure based on its inclusion in the municipality’s active CIP;

(6) Whether the applicant municipality can demonstrate that it has planned for the installation of public transportation, sidewalks, or other walkability infrastructure based on discussion of such improvements in the municipality’s master plan; and

(7) Whether the applicant municipality has appropriated through its local governing body the municipal engineering costs for the project.

(e) The department shall review the qualifications for public transportation, sidewalks, and walkability infrastructure in (f) below, prior to each HC designation application round which shall be publicized prior to the commencement of each application round.

(f) Implementation of public transportation, sidewalks, or other walkability infrastructure shall include the installation or expansion of any of the following:

(1) Fixed route bus service;

(2) Intercity bus service;

(3) On-demand transit services, other than rideshare services such as Uber or Lyft;

(4) Sidewalk;

(5) Complete street;

(6) Shared-use path;

(7) Rail trail;

(8) Recreation trail; and

(9) Activities funded under a U.S. Department of Transportation (DOT) Transportation Alternatives Program (TAP).

(g) A maximum of 4 bonus points shall be awarded to applicants that can demonstrate the following:

(1) Whether an applicant municipality has adopted a complete streets policy or program, valued at 2 points; or

(2) Whether an applicant municipality demonstrates that it has implemented qualifying public transportation, sidewalk, or walkability infrastructure in the 6 calendar years preceding the municipality’s application for HC designation in or adjacent to infill locations in downtowns, town centers, village centers, and other community center areas as shown on the NH community center area GIS layer on the New Hampshire geodata portal accessible at, https://www.nhgeodata.unh.edu/datasets/5e007caee50e428d8bb62e31baf6c0de/explore, valued at 2 points.

(h) The department shall make additional bonus points available based on department priorities and best practices and shall be publicized prior to the commencement of each application round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.09 Qualifications Based on Financial Tools that Incentivize Workforce Housing Development {#sec-bea-504.09 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.09}

(a) Adoption of financial tools that incentivize the development of workforce housing shall not be required for a municipality to receive HC designation. However, the points awarded under this section shall count towards the total HC designation score.

(b) Applicants may receive a maximum of 10 points based on the adoption of qualifying financial tools that incentivize the development of workforce housing, with each qualifying financial tool valued at 5 points each.

(1) Adoption of community revitalization tax relief incentive, pursuant to RSA 79-E by the municipality’s local governing body pursuant to RSA 79-E:3 which shall include:

a. Designation of at least one district where RSA 79-E applies in a downtown, town center, central business district, or village center, or, where no such designation has been made, in a geographic area which, as a result of its compact development patterns and uses, is identified by the governing body as the downtown, town center, or village center;

b. Adoption of guidelines which extend the period of tax relief for 2 years if a project results in new residential units pursuant to RSA 79-E:5, II; and

c. Adoption of guidelines which extend the period of tax relief for 4 years if a project includes affordable housing pursuant to RSA 79-E:5, II;

(2) Adoption of municipal revitalization and economic development districts, pursuant RSA 162-K by the municipality’s local governing body which shall include:

a. Establishment of at least one development district pursuant to RSA 162-K:5;

b. Establishment of a development program which includes within its purpose acquiring, constructing, reconstructing, improving, altering, extending, operating, maintaining, or promoting residential developments aimed at increasing the available housing stock within the municipality pursuant to RSA 162-K:6, III(j);

c. Establishment of a development program which includes within its purpose the acquisition of real property to construct housing units which meet the definition of workforce housing contained in RSA 674:58, IV, whether or not such construction results from private development or private commercial enterprise; and

d. Establishment of a tax increment financing plan pursuant to RSA 162-K:9-10;

(3) Acquisition or sale of real property by the municipality for the development of workforce housing which shall include:

a. Acquisition of land or buildings as enabled by statute, such as through RSA 41:14-a, RSA 80:76, or RSA 162-G, which is intended for the development of workforce housing in the 6 years preceding the municipality’s application for HC designation;

b. Acquisition of state-owned real property which has been declared as surplus by the state pursuant to RSA 4:40, which is intended for the development of workforce housing in the 6 years preceding the municipality’s application for HC designation;

c. Sale of municipally owned land or buildings as enabled by statute, such as through RSA 80:76, RSA 162-G, or RSA 162-K, which is intended for the development of workforce housing in the 6 years preceding the municipality’s application for HC designation; or

d. The publishing of a request for proposals for the development of workforce housing on municipally owned land in the 6 years preceding the municipality’s application for HC designation;

(4) Adoption of affordable housing revolving fund, pursuant to RSA 31:95-h by the municipality’s local governing body which shall include:

a. The adoption of an affordable housing revolving fund for the purpose of creating affordable housing and facilitating transactions relative thereto pursuant to RSA 31:95-h, I(d);

b. The establishment of such a fund with a restriction that the fund be used for the purchase of land for the development of workforce housing or to offset the cost incurred by a developer for the development of workforce housing and associated infrastructure; or

c. The depositing of revenues from fees, charges, or other income derived from the activities or services supported by the fund, and any other revenues approved by the legislative body for deposit into the fund pursuant to RSA 31:95-h, II during the 5 years preceding the municipality’s application for HC designation; or

(5) Establishment of a non-capital reserve trust fund by a city pursuant to RSA 34:1-a or establishment of a non-capital reserve trust fund by a town, village district, or county in which there are located unincorporated towns or unorganized places pursuant to RSA 35:1-c which shall include:

a. The establishment of a trust fund with the distinctly specific public purpose of providing funding for affordable or workforce housing;

b. The establishment of such fund with a restriction that the fund only be used for the purchase of land for the development of workforce housing or to offset the cost incurred by a developer for the development of workforce housing and associated infrastructure;

c. For a city the appropriation, payment, or transfer of funds approved by the city council pursuant to the limitations on appropriations stated in RSA 34:3, I and RSA 34:4 into the trust fund during the 5 years preceding the municipality’s application for HC designation; or

d. For a town, village district, or county in which there are located unincorporated towns or unorganized places, the appropriation, payment, or transfer of funds approved by a special warrant article pursuant to the limitations on appropriations stated in RSA 35:5 and RSA 35:8 into the trust fund during the 5 years preceding the municipality’s application for HC designation.

(d) The department shall make additional bonus points available based on department priorities and best practices which shall be publicized prior to the commencement of each application round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.10 Qualifications Based on Other Activities Which Create or Incentivize Workforce Housing and Other Housing Necessary to the Economic Development of the State {#sec-bea-504.10 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.10}

(a) Other activities that create or incentivize the development of workforce housing and other housing necessary to the economic development of the state shall not be required for a municipality to receive HC designation. The points awarded under this section shall count towards the total HC designation score.

(b) Applicants shall receive up to 10 points for implementing activities outlined in Bea 504.10(c), with each qualifying activity valued at 5 points each.

(1) Establishment of a housing commission as defined in RSA 674:44-h or appointing members to the housing commission pursuant to RSA 673:4-c; with regular meetings;

(2) Interconnected community water systems primarily for residential use which include the following:

a. Cooperation of the HC designation applicant with an adjacent municipality on the interconnection of community water systems primarily for residential use which may be demonstrated by a legally binding agreement;

b. Construction of interconnection between systems completed no more than 6 years prior to the municipality’s HC designation application; or

c. A fully funded project to interconnect water systems which shall be completed no more than 365 days after the municipality’s HC designation application;

(3) Establishment of a joint municipal development and revitalization district with an adjacent municipality pursuant to RSA 162-K and implementation of a development program pursuant to RSA 162-K:6;

(4) Establishment of a joint agreement with an adjacent municipality pursuant to RSA 53-A for the provision of shared infrastructure or services which supports the development of workforce housing;

(5) Receipt of an InvestNH housing opportunity planning grant or a NH HC designation housing and planning regulation municipal grant;

(6) Construction of units of workforce housing that resulted in a minimum 5 percent increase in its total number of housing units above the total number of housing units reported by the U.S. Census Bureau in the most recent decennial census during the preceding 3 years;

(7) Provide a narrative that supports a municipality’s request for inclusion of activities which create or incentivize workforce housing and other housing necessary to the economic development of the state.

(d) In addition to other bonus points made available to smaller communities in other qualifying categories, municipalities with populations of 10,000 or fewer people, according to the most recent U.S. Census Bureau decennial census, who have completed or are in the process of completing eligible planning and regulatory reform within the housing planning and regulation municipal (HPRM) grant program, the InvestNH-funded housing opportunity planning (HOP), or municipal planning and zoning grant program shall receive the following bonus points:

(1) Ten points toward their initial HC designation application; or

(2) Five points for each additional phase of planning or regulation reform completed or underway during the 3 years preceding the municipality’s HC designation renewal application with a maximum of 10 points.

(e) The department shall make additional bonus points available based on department priorities and best practices which shall be publicized prior to the commencement of each application round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.11 Application for HC Designation {#sec-bea-504.11 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.11}

(a) To apply for the HC designation, the applicant shall submit the following information and documentation to the department:

(1) Municipality name;

(2) Municipality unique entity identifier (UEI);

(3) Municipality tax identification number (TIN);

(4) Municipal contact person name;

(5) Municipal contact person title;

(6) Municipal contact person’s email;

(7) Municipal contact person’s phone number;

(8) Type of municipality city, town, village district, or county in which there are located unincorporated places;

(9) Whether the municipality has adopted a zoning ordinance under RSA 674:18;

(10) Type of local governing body which adopts and amends zoning ordinance city council, town council, town meeting, village district, or county convention;

(11) Population based on the most recent decennial census conducted by the U.S. Census Bureau;

(12) A list of land use regulations and ordinances which meet the minimum standards established by this Bea 504.05;

(13) Links to supporting documentation for relevant sections of land use regulations and ordinances;

(14) A list of other land use regulations and ordinances not enumerated in this Bea 504.05 for which the municipality is seeking points;

(15) A narrative for other land use regulations and ordinances not enumerated in the program guidance for which the municipality is seeking points;

(16) A list of land use regulations and ordinances for which the municipality is seeking bonus points;

(17) A supporting narrative for land use regulations and ordinance bonus points;

(18) Documentation for land use regulations and ordinances bonus points;

(19) If a municipality does not have zoning, a detailed narrative justifying how its regulatory framework, or lack thereof, does not bar the development of workforce housing or in fact encourages it. Such narrative shall include:

a. A summary of the housing related chapters of the municipality’s master plan and the master’s housing related vision, as well as any other plans, policies, or regulations that help achieve workforce and other housing development and accessibility goals;

b. An explanation as to how such plans, policies, or regulations help achieve the spirit and purpose of the HC designation program; and

c. The number of new housing units, including workforce housing units, that were permitted and constructed in the 3 state fiscal years preceding the municipality’s application for HC designation;

(20) The names and titles of planning board and zoning board members receiving training;

(21) Whether each member is a regular or alternate member;

(22) The term dates for each planning board and zoning board member, and whether they are eligible for renewal or reappointment;

(23) A list of trainings attended by each member in last 12 months;

(24) The name of the organization providing training;

(25) The duration of the training(s);

(26) The names of board members who have passed the planning board handbook test, where applicable;

(27) The names of board members who have passed the zoning board handbook test, where applicable;

(28) Certificates of training attendance, if available;

(29) A written attestation that the member has received training for which certificates of attendance are not available;

(30) Planning board handbook certificates, where applicable;

(31) Zoning board of adjustment handbook certificates, where applicable;

(32) The type of sewer and water infrastructure improvement;

(33) The name of the sewer or water infrastructure improvement project;

(34) The address or location of the sewer or water infrastructure improvement;

(35) The completion date, or anticipated completion date, of the sewer or water infrastructure improvement;

(36) Whether the improvement is complete, ongoing, or planned;

(37) Whether the improvement is new, an upgrade, or expansion;

(38) A brief description of how the sewer or water infrastructure improvement increased the number of residential service connections;

(39) A certification that all local approvals and permits and all approvals and permits from the New Hampshire department of environment services have been obtained, if improvement is complete. Otherwise, provide the dates or timelines for attaining such approvals and permits;

(40) If the improvement is ongoing or planned, the municipality shall provide a narrative describing the ongoing or planned improvements, including any material steps that have been taken in furtherance of those improvements;

(41) For all bonus points sought in the category of water and sewer infrastructure, a list of the sewer and water infrastructure bonus points requesting and documentation supporting those bonus points;

(42) The type of infrastructure improvement;

(43) A description of the infrastructure improvement;

(44) The location of the infrastructure improvement;

(45) A certification that the infrastructure improvement meets the minimum requirements detailed in in these rules;

(46) If the improvement is ongoing or planned, a description of the ongoing or planned infrastructure improvements and their intended impact, and a copy of the municipality’s master plan, CIP, or funding application to the New Hampshire department of transportation;

(47) For bonus points sought in the category of public transportation, sidewalks, and walkability infrastructure, a list of the public transportation, sidewalks, and walkability infrastructure bonus points requested and documentation supporting those bonus points;

(48) A description of the financial tool, including the statutory basis for the tool, incentive, or activity;

(49) The date of adoption and implementation of the financial tool, if applicable;

(50) A brief description of the impact of the tool, incentive, or activity; and

(51) Any information or documentation the department determines necessary for a comprehensive review of the municipality’s qualification of the HC designation.

(b) The application requirements and scoring criteria shall be publicized by the department before the commencement of each application round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.12 Reporting Requirements for Municipalities {#sec-bea-504.12 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.12}

Municipalities that receive a New Hampshire HC designation shall report its housing-related activities in writing annually. Reports shall be submitted no later than 180 days after the initial HC designation award and then annually by July 1. The annual report shall include, but not be limited to:

(a) Data regarding local land use board activities;

(b) Data regarding the permitting, development, and approval for occupancy of new workforce housing and other housing necessary for the economic development of the state; and

(c) A narrative describing the adoption, amendment, or repeal of land use regulations and ordinances, and how those changes support the goals of the HC designation program.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.13 Expiration and Renewal {#sec-bea-504.13 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.13}

(a) A New Hampshire HC designation shall be valid for 3 years from the date such designation is made.

(b) A municipality may seek renewal of its New Hampshire HC designation for subsequent 3-year periods.

(c) A municipality seeking to renew their New Hampshire HC designation shall submit a renewal application which shall include relevant information outlined in Bea 504.11(a), as well as the following information:

(1) Any changes from the initial HC application including the substitution or addition of any new qualifications necessary for HC designation as detailed in Bea 504.05 through Bea 504.10;

(2) Explanation as to how specific qualifications detailed in the initial HC application have resulted in additional permitting and production of workforce housing and other types of housing necessary for the economic development of the state;

(3) Identification of additional improvements or steps taken that resulted in an increase from the municipality’s previous HC designation application score; and

(4) Any additional information the department deems necessary to evaluate a municipality’s continued eligibility for HC designation.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 504.14 Department Impact Report {#sec-bea-504.14 omnilex-key=us-nh-regs-official--agency-bea--Bea 504.14}

(a) Each year the department shall develop a report which:

(1) Describes department activities related to the operation of the New Hampshire HC designation program in the preceding state fiscal year;

(2) Assesses the overall impact of the New Hampshire HC designation program;

(3) Assesses the total number of new units of workforce housing and new housing units which were permitted and produced as a result of the program’s operation and incentives; and

(4) Details other notable data related to the results and impact of the program.

(b) The report required by this section shall be submitted to the governor, the speaker of the house of representatives, and the president of the senate on or before November 1 of each year, beginning in 2024.

History

#14043, eff 8-8-24

Part Bea 505 Housing Planning and Regulation Municipal Grant Program

N.H. Code Admin. R. Ann. Bea 505.01 Purpose {#sec-bea-505.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.01}

The purpose of this section is to provide the framework for implementation of the housing planning and regulation municipal (HPRM) grant program pursuant to RSA 12-O:72. The HPRM grant program assists municipalities in promoting increased housing production through the awarding of grants for the following purposes, subject to availability of funding:

(a) Consultation regarding or implementation of revisions to its master plans and land use regulations for the purpose of promoting the production of workforce housing and other types of housing necessary for the economic development of the state and for the purposes of achieving or maintaining an HC designation; and

(b) Providing technical assistance to municipalities who lack the current minimum qualifications necessary for HC designation in order for those municipalities to become HC designation eligible in future HC designation application rounds.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.02 HPRM Eligible Grant Phases {#sec-bea-505.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.02}

There shall be 4 grant types representing 4 distinct phases of planning and regulatory reform. Applicants for any phase other than phase one shall demonstrate that the activities of each preceding phase are substantially complete before an applicant may apply for funding for a successive type or grant phase. The activities of such earlier grant phases may have occurred without the assistance of this program. The 4 grant phases shall be:

(a) Master plan update, with a focus on workforce and other housing;

(b) Regulatory audit, which includes identifying and assessing barriers to workforce and other housing;

(d) HC designation assistance.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.03 Community Outreach and Engagement {#sec-bea-505.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.03}

Municipalities participating in any of the 4 grant phases shall engage in a public community outreach and engagement process during which the municipality shall solicit support and feedback from stakeholders and the general community and to promote public awareness of the activities being undertaken.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.04 Eligible HPRM Grant Activities {#sec-bea-505.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.04}

HPRM grant funds shall be used by the applicant to procure consultation, technical assistance, or other professional services from third-party providers for the scope of work proposed by the municipality in its grant application.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.05 Phase 1 Activities {#sec-bea-505.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.05}

Master plan updates shall include:

(a) Reviewing the existing master plan to identify sections that are related to or impact the development of workforce housing and other types of housing necessary for the economic development of the state;

(b) Drafting new chapters of a master plan or revisions to an existing master plan which promote the development of workforce housing and other types of housing necessary for the economic development of the state; and

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.06 Phase 2 Activities {#sec-bea-505.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.06}

Regulatory audit shall include:

(a) Auditing existing land use regulations and ordinances or financial tools that incentivize the development of workforce housing that satisfy or maintain HC designation criteria; and

(b) Recommending changes to land use regulations and ordinances or financial tools that incentivize the development of workforce housing that satisfy or maintain HC designation criteria.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.07 Phase 3 Activities {#sec-bea-505.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.07}

Regulatory change shall include:

(a) Drafting amendments to existing land use regulations and ordinances, or existing financial tools, that incentivize the development of workforce housing that satisfy or maintain HC designation criteria;

(b) Drafting new land use regulations and ordinances or new financial tools that incentivize the development of workforce housing that satisfy or maintain HC designation criteria; and

(c) Seek adoption of amendments or new land use regulations and ordinances or financial tools that incentivize the development of workforce housing.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.08 Phase 4 Activities {#sec-bea-505.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.08}

HC designation assistance shall include:

(a) Evaluating whether a municipality meets or maintains the minimum qualifications for HC designation outlined in Bea 504 and promulgated by the department; and

(b) Assessing capacity of existing water, sewer, and stormwater infrastructure and potential expansion or development of water, sewer, and stormwater infrastructure if none currently exists, or to assess needs in conjunction with land use regulation and ordinance changes, as well as increased housing development.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.09 Eligibility of Applicant {#sec-bea-505.09 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.09}

(a) Any municipality within the state of New Hampshire may apply for the HPRM grant program.

(b) A municipality that has not received an HC designation may still apply for and be awarded an HPRM grant.

(c) In order for a municipality to apply for and receive an HPRM grant funds, any necessary authorizations by the applicant or on behalf of the municipality’s executive officer, duly authorized local official, or representative shall be completed and provided prior to or as part of an application submission.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.10 HPRM Grant Program Funding {#sec-bea-505.10 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.10}

(a) The department shall determine what amount or percentage of authorized, available funding will be awarded through the HPRM grant program, dependent upon program demand, needs, and available resources.

(b) Total award amounts, and any necessary award caps, for each award round shall be determined by the department based on the availability of funding and department priorities.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.11 Application and Scoring. {#sec-bea-505.11 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.11}

(a) Prior to the opening of the application period, the department shall publicize the application, as well as instructions for accessing and completing the application and any other application requirements. Application requirements shall reflect both the general requirements of the HC designation application outlined in Bea 504.11(a) and the requirements within that application relevant to this grant program, as well as grant program specific data.

(b) Applications shall be reviewed and scored competitively, or be subject to an award cap, if funding available in a given application round does not enable awards being issued to all eligible applicants.

(c) Municipalities shall submit only one application per grant application cycle, unless available funding permits otherwise. In such circumstances, the department shall provide public notice of such available funding and acceptance of additional applications.

(d) The department shall, at its discretion, engage a third-party vendor or partner entity to facilitate the HPRM grant program in accordance with Bea 505 rules and any related program guidance that is developed by the department, reviewed by the advisory committee, and publicized prior to a program application round.

(e) The department shall evaluate applications prior to scoring, where applicable, which shall result in one or more of the following actions:

(1) An opportunity to cure application deficiencies, such as:

a. Requesting clarifying information; or

b. Requesting additional or revised supporting documentation;

(2) Rejection of the application if it does not comply with required application criteria after an opportunity to cure any application deficiencies, or the applicant is ineligible; or

(3) Acceptance and scoring of the application.

(f) When applicable, an award cap shall be no higher than half the funding available at the start of an application round.

(g) The department shall use scoring criteria to evaluate applications for the HPRM grant program, such as:

(1) The municipality’s HC designation score and HC designation application contents and information;

(2) The phase of HPRM for which the municipality is seeking funding and status of past phases;

(3) The breadth of the planning, regulatory, or ordinance reform relative to other applicants; and

(4) The municipality’s capacity to carry out the proposed planning, regulatory, or ordinance development.

(h) Applications shall be competitively reviewed and shall be scored on the following 100-point scale:

(1) Thirty points for the criteria in Bea 505.11(g)(1);

(2) Twenty points for the criteria in Bea 505.11(g)(2);

(3) Thirty points for the criteria in Bea 505.11(g)(3); and

(4) Twenty points for the criteria in Bea 505.11(g)(4).

(i) The department shall notify each applicant in writing regarding whether or not a grant was awarded. If a grant was not awarded or fewer funds were awarded than requested, the written notice shall specify the reason(s) for the decision.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 505.12 Distribution of Grant Award Funds {#sec-bea-505.12 omnilex-key=us-nh-regs-official--agency-bea--Bea 505.12}

(a) Funds shall be distributed on a reimbursement basis based on the grantee’s submission of expenses and supporting documentation.

(b) The grantee shall register with the department of administrative services for a state of New Hampshire vendor number in order for a payment to issue. Registration is available at: https://apps.das.nh.gov/vendorregistration/(S(inw3n42wcfgd4dk1b5rzcdez))/welcome.aspx.

(c) The department shall request additional supporting documentation if the submitted documentation gives rise to questions regarding the allowability of the expense.

(d) The department shall deny reimbursement for unallowed expenses.

(e) Request for reimbursement shall be made no more than monthly.

(f) The department, pursuant to Bea 510, shall seek a waiver of any of the rules in this section if needed, such as when smaller municipalities with limited budget or bonding capacity are encountering challenges in receiving grant awards.

History

#14043, eff 8-8-24

Part Bea 506 Housing Production Municipal (hpm) Grant Program

N.H. Code Admin. R. Ann. Bea 506.01 Purpose and Applicability {#sec-bea-506.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 506.01}

(a) The purpose of this section is to implement the housing production municipal grant program established by RSA 12-O:73, I.

(b) Subject to available funding, the HPM grant program shall make grants to HC designation municipalities based on the number of units of workforce housing in the municipality for which certificates of occupancy were issued in the preceding state fiscal year.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 506.02 HPM Grant Program Funding and General Information {#sec-bea-506.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 506.02}

(a) The department shall determine what amount or percentage of authorized, available funding shall be awarded through the HPM grant program, dependent upon program demand, needs, and available resources.

(b) Funding shall be distributed as follows:

(1) A municipality shall receive $10,000 per unit for each unit of deed restricted workforce housing for which certificates of occupancy have been issued by the municipality in the preceding state fiscal year;

(2) If funds are not exhausted after the initial distribution in (a) above the department shall facilitate additional application rounds until all funding is exhausted; and

(3) In the event of oversubscription in a year’s funding round, each applicant shall be capped to no more than half the funding available at the start of an application round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 506.03 Eligibility {#sec-bea-506.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 506.03}

(a) A municipality shall have a current HC designation to apply for or receive funds under the HPM grant program.

(b) A municipality shall receive funds based on units of workforce housing that received a certificate of occupancy during the state fiscal year immediately preceding a municipality receiving its HC designation, even if they did not yet have said designation.

(c) To receive funding under the HPM grant program a municipality shall demonstrate that it has internal procedures in place or a monitoring agreement with a third-party to enforce the terms in the land use restriction agreement or workforce unit covenant agreement.

(d) A municipality shall receive one award in a given state fiscal year unless sufficient program funding exists to fund all other eligible applications first within an application funding round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 506.04 Application {#sec-bea-506.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 506.04}

(a) To apply for the HPM grant, the applicant shall submit the following information and documentation to the department:

(1) Municipality name;

(2) Municipality unique entity identifier (UEI);

(3) Municipality tax identification number (TIN);

(4) Municipal address;

(5) Municipal contact person’s name;

(6) Municipal contact person’s title;

(7) Municipal contact person’s email;

(8) Municipal contact person’s phone number;

(9) Municipal website address;

(10) Copy of HC designation notification;

(11) HC designation renewal date:

(12) State of New Hampshire vendor number;

(13) Number of deed restricted workforce housing units issued certificate of occupancy in previous state fiscal year;

(14) List of projects, their addresses, number of new market rate units, new workforce housing units, and term of affordability, is the new unit for sale or rental;

(15) Verification that units meet the affordability requirement for a minimum of 10 years;

(16) Proof of workforce housing affordability monitoring;

(17) Copy of workforce housing restriction registered at county registry of deeds;

(18) Copies of certificates of occupancy;

(19) All documentation demonstrating workforce housing units are compliant with Bea 502.54;

(20) An attestation that the applicant is authorized to make statements and to apply for the housing production municipal grant on behalf of the municipality listed in the application;

(21) An acknowledgement that the names and businesses addresses of all applicants, and amounts of awards made to them, will be public information subject to disclosure under RSA 91-A;

(22) An authorization for the state of New Hampshire and the department to share the information provided in the application with other state or federal governmental agencies, contractors, and service providers in order to assess the application or administer this program;

(23) An acknowledgement that the municipality will respond within 30 days and cooperate fully with any post-award requests for information related to this program; and

(24) A signed statement from the applicant that the information in the application is true and correct to the best of the applicant’s knowledge and belief, subject to RSA 641:3.

(b) Unless ordered by a court of competent jurisdiction, the department shall keep all financial information confidential to the extent allowed under RSA 91-A.

(c) Prior to the opening of the application period, the department shall publicize the application, as well as instructions for accessing and completing the application and any other application requirements. Application requirements shall include both the general requirements of the HC designation application outlined in Bea 504.11(a) and the requirements within that application relevant to this grant program.

(d) Municipalities shall submit only one application per grant application cycle.

(e) In future application rounds, priority shall be given to municipalities that have not yet received an award in this grant program.

(f) The department shall evaluate applications based on the requirements established in these rules.

(g) The evaluation shall result in one or more of the following actions:

(1) Acceptance of the application and review for an award;

(2) An opportunity to cure application deficiencies, such as:

a. Requesting clarifying information; or

b. Requesting additional or revised supporting documentation; or

(3) Rejection of the application if it does not comply with required application criteria after an opportunity to cure any application deficiencies, or if the applicant is ineligible.

(h) The department shall notify each applicant in writing regarding whether or not a grant was awarded. If a grant was not awarded or fewer funds were awarded than requested, the written notice shall specify the reason(s) for the decision.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 506.05 Distribution of Grant Funds {#sec-bea-506.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 506.05}

(a) HPM grant awards shall be paid out in a single lump sum upon the finalization and authorization of the award.

(c) Disbursement by the state shall be completed by check or electronic funds transfer (EFT) in accordance with the vendor registration.

History

#14043, eff 8-8-24

Part Bea 507 Housing Infrastructure Municipal (him) Grant Program

N.H. Code Admin. R. Ann. Bea 507.01 Purpose and Applicability {#sec-bea-507.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.01}

(a) The purpose of this section is to provide the framework for implementation of the housing infrastructure municipal (HIM) grant program pursuant to RSA 21-O:73, II.

(b) Subject to available funding, the department shall make grants to HC designation municipalities for new construction or capacity increases for drinking water, sanitary sewer, stormwater, highway infrastructure, telecommunication, and electrical distribution infrastructure.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.02 Funding Allocation {#sec-bea-507.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.02}

(a) The department shall determine what amount or percentage of authorized available funding will be awarded through the HIM grant program, dependent upon program demand, needs, and available resources.

(b) The department shall set an award cap per applicant or utilize a competitive application review and award process based on scoring criteria provided in Bea 507.05(i), (j), (k) and (l). A cap will be no higher than half the funding available at the start of an application round.

(c) Applications that do not receive an award due to lack of funds, but were valid and would have been otherwise funded, shall be retained for subsequent application rounds.

(d) Total allocation for future rounds shall be determined by the department based on available funding. Funding priorities for additional rounds shall be determined by the department based on the amount of funding available and how grant funding will best serve the goals of the HIM grant program.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.03 Eligibility {#sec-bea-507.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.03}

A municipality shall have an active HC designation in order to apply for and be awarded a HIM grant. A municipality shall only receive one award in a given state fiscal year, unless sufficient program funding exists to fund all other eligible applications first within an application funding round.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.04 Eligible Grant-Funded Activities {#sec-bea-507.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.04}

HIM grant funds shall be used to support the following new construction or capacity increases of the following types of infrastructure, as long as the improvement supports the program goals of facilitating the development of additional housing in the municipality:

(a) Drinking water infrastructure improvements;

(b) Sanitary sewer infrastructure improvements;

(d) Highway infrastructure;

(e) Telecommunications;

(f) Electrical distribution, including switchgear or transformers; and

(g) Fire suppression system upgrades for conversion of existing buildings to residential use in order to meet the requirements of the state fire code and RSA 153:5

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.05 Application and Scoring {#sec-bea-507.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.05}

(a) To apply for an HIM grant, the applicant shall submit the following information and documentation to the department

(1) Municipality name;

(2) Municipality unique entity identifier (UEI);

(3) Municipality tax identification number (TIN);

(4) Municipal contact person’s name;

(5) Municipal contact person’s title;

(6) Municipal contact person’s email;

(7) Municipal contact person’s phone number;

(8) Type of municipality city, town, village district, or county in which there are located unincorporated places;

(9) Municipal website address;

(10) Housing champion designation award date;

(11) State of New Hampshire vendor number;

(12) Type of infrastructure improvements which funds are being requested;

(13) Location of infrastructure improvements;

(14) Whether the improvement is new, an upgrade, or expansion;

(15) Total project projected costs;

(16) HIM grant amount requested by Municipality based on a 25 percent matching requirement and the specific purpose of the funds;

(17) Budget outlining costs and committed monies for the project;

(18) A narrative describing the level of need for the infrastructure improvement in the municipality, as documented in the municipality’s master plan, asset management plan, capital improvement plan, and infrastructure, utility master plan which includes:

a. Project goals;

b. Scope of the work, including for each task the name of the task, time frame for the task, who will perform the task, and a brief summary of each task including purpose and output;

c. Project partners including municipal boards and committees, individuals, community organizations, or any other participating partners;

d. Additional sources of funding which are committed, partially committed, or likely to become available;

e. How the project fits into a larger infrastructure plan which creates future-proof systems and creates greater housing opportunities; and

f. A digital copy of the conceptual or approved design plan;

(19) The number of future housing units as a result of the proposed infrastructure improvements;

(20) Project timeline;

(21) If it is a joint community project, and if so, a list of all communities involved as well as their HC designation;

(22) Any information or documentation the department determines necessary for a comprehensive review of the municipality’s qualifications for the grant;

(23) All documentation that the applicant is authorized to make statements and to apply for the housing infrastructure municipal grant on behalf of the municipality listed in this application;

(24) Attest that the applicant is authorized to make statements and to apply for the housing production municipal grant on behalf of the municipality listed in this application;

(25) An acknowledgement that the names and businesses addresses of all applicants, and amounts of awards made to them, will be public information subject to disclosure under RSA 91-A;

(26) An authorization that the state of New Hampshire and the department can share the information provided in the application with other state or federal governmental agencies, contractors, and service providers in order to assess the application or administer this program;

(27) An acknowledgement that the applicant agrees to respond within 30 days and cooperate fully with any post-award requests for information related to this program; and

(28) A signed statement from the applicant that the information in the application is true and correct to the best of the applicant’s knowledge and belief, subject to RSA 641:3.

(b) Unless ordered by a court of competent jurisdiction, the department shall keep all financial information confidential to the extent allowed under RSA 91-A.

(c) Prior to the opening of the application period, the department shall publicize the application, as well as instructions for accessing and completing the application and any other application requirements. Application requirements shall reflect both the general requirements of the HC designation application outlined in Bea 504.11(a).

(d) If additional funding becomes available, the department shall publicize additional application rounds including instructions for accessing and completing the application and application requirements.

(e) Municipalities shall submit only one application per grant application cycle.

(f) Applications shall be reviewed and scored competitively.

(g) The department shall evaluate applications prior to scoring.

(h) The evaluation shall result in one or more of the following actions:

(1) Acceptance of the application and review for scoring or award;

(2) An opportunity to cure application deficiencies, such as:

a. Requesting clarifying information; or

b. Requesting additional or revised supporting documentation; or

(3) Rejection of the application if it does not comply with required application criteria after an opportunity to cure any application deficiencies, or the applicant is ineligible.

(i) The department shall evaluate applications for the HIM grant program based on department priorities and available funding including:

(1) The municipality’s HC designation score and HC designation application contents and information;

(2) The soundness and completeness of approach and plan for the proposed project;

(3) The municipality’s capacity to carry out the proposed project; and

(4) The project’s relationship to workforce housing projects that are recently completed, underway, or approved or general impact the municipality’s housing supply.

(j) Applications competitively reviewed shall be scored on the following 100-point scale:

(1) Thirty points for the criteria in Bea 507.05(i)(1);

(2) Twenty points for the criteria in Bea 507.05(i)(2);

(3) Twenty points for the criteria in Bea 507.05(i)(3); and

(4) Thirty points for the criteria in Bea 507.05(i)(4).

(k) The department shall notify each applicant in writing regarding whether or not a grant was awarded. If a grant was not awarded or fewer funds were awarded than requested, the written notice shall specify the reason(s) for the decision.

(l) In future application rounds, priority shall be given to municipalities that have not yet received an award in the HIM grant program with the provision of 10 bonus points in the scoring criteria for such applicants.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.06 Blended or Braided Funding {#sec-bea-507.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.06}

If allowed under the rules for all funding sources, HIM grant funding may be used to supplement funding from other sources including, but not limited to federal, state, and municipal sources as well as non-government sources. Grant applicants shall be responsible for ensuring the compatibility of all funding sources.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.07 Funding Round Priorities {#sec-bea-507.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.07}

To facilitate the most effective use of HIM grant program funding, for each funding round the department shall set program priorities for that round prior to advertising the funding opportunity and application details for the round. This determination shall be based on the amount of funding available and the emergent needs of HC designation municipalities.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.08 Joint Projects {#sec-bea-507.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.08}

Municipalities may apply jointly for HIM grant funding, as long as all applicant municipalities are HC designated.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.09 Matching Requirements {#sec-bea-507.09 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.09}

(a) Municipalities shall provide at least a 25 percent funding match for all HIM grant projects. A municipality may meet the funding matching requirement with any combination of municipal funds, funding from other state or federal programs, subject to the rules of the specific funding source, contributions of services or property, or third-party contributions of cash.

(b) In order for the value of municipal contributions to be counted towards the cost matching requirement, all funds and contributions shall:

(1) Be verifiable from the municipality’s records, such as municipal financial records or documentation of a contract or award letter;

(2) Not be paid for by a funding source which is also being used to make up part of the municipality’s funding match. For example, if the funding itself is counted, the services paid for by that funding source may not be double counted;

(3) Be necessary and reasonable for the accomplishment of the project; and

(4) Be provided for in the approved project budget.

(c) The value for municipal employee services shall be valued at the employee’s regular rate of pay, and fringe benefits may be counted at the value of the benefits the employee would normally receive in proportion to the time spent by the employee on the project.

(d) The value of municipal property supplied by the municipality shall be the lesser of:

(1) The value of the remaining life of the property recorded in the municipality’s accounting records at the time of contribution; or

(2) The current fair market value.

(e) Donated property from third parties such as land, equipment, and supplies may be counted as cost sharing or matching if the property is an integral and necessary part of a proposed or approved project. Value assessed to donated property included in cost sharing or matching shall not exceed the fair market value of the property at the time of the donation.

(f) If the purpose of the award is to help the municipality in the acquisition of property, then the aggregate value of the donated property shall be claimed as cost sharing or matching.

(g) If the purpose of the award is to support activities that require the use of property, or the property is loaned for a limited time, only the depreciation charge or fair market rental value of the property shall be claimed as cost sharing or matching.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 507.10 Distribution of Grant Award Funds {#sec-bea-507.10 omnilex-key=us-nh-regs-official--agency-bea--Bea 507.10}

(a) Funds shall be distributed on a reimbursement basis based on the grantee’s submission of expenses and supporting documentation.

(c) The department shall request additional supporting documentation if the submitted documentation gives rise to questions regarding the allowability of the expense.

(d) The department shall deny reimbursement for unallowed expenses.

(e) Request for reimbursement shall be made no more than monthly.

History

#14043, eff 8-8-24

Part Bea 508 Housing Infrastructure Municipal (him) Loan Program

N.H. Code Admin. R. Ann. Bea 508.01 Purpose and applicability {#sec-bea-508.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 508.01}

(a) The purpose of this section is to establish the framework for implementation of the housing infrastructure municipal (HIM) loan program pursuant to RSA 21-O:73, II.

(b) Subject to available funding, the department shall make loans to HC designation municipalities for new construction or capacity increases for drinking water, sanitary sewer, stormwater, highway infrastructure, telecommunications, and electrical distribution infrastructure.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 508.02 Application {#sec-bea-508.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 508.02}

The HIM loan application shall include information the department deems necessary for a comprehensive review of an applying municipality’s qualification for the grant. Such information shall include the requirements consistent with Bea 507.02(a).

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 508.03 Funding Allocation {#sec-bea-508.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 508.03}

Dependent upon availability of funding, the department shall determine if any funds shall be allocated for the purposes of facilitating the HIM loan program. In the event of allocated funding, the HIM loan program shall be facilitated in concert with the related HIM grant program, including eligibility, award, and fund use requirements. However, no match requirement shall be required of the municipality.

History

#14043, eff 8-8-24

Part Bea 509 Grant and Loan Administration

N.H. Code Admin. R. Ann. Bea 509.01 Agreement with the Department of Business and Economic Affairs {#sec-bea-509.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 509.01}

(a) Awards which have been approved by governor and executive council, shall enter into an agreement between the awardee and the department and shall fulfill the terms and conditions of the agreement in order to receive municipal grant and loan funds.

(b) The awardee shall register with the department of administrative services for a state of New Hampshire vendor number in order for a payment to issue. Registration is available at: https://apps.das.nh.gov/vendorregistration/(S(inw3n42wcfgd4dk1b5rzcdez))/welcome.aspx.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 509.02 Funding Determinations {#sec-bea-509.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 509.02}

(a) The department shall review all applications for awards using the criteria specified in these rules.

(b) The department shall notify each applicant in writing regarding whether or not a grant was awarded. If a grant was not awarded or fewer funds were awarded than requested, the written notice shall specify the reason(s) for the decision.

(c) Applications that are not funded due to a lack of funds, but were valid and would have been otherwise funded, shall be retained for subsequent application rounds.

History

#14043, eff 8-8-24

Part Bea 510 Waiver of Rules

N.H. Code Admin. R. Ann. Bea 510.01 Waiver of Rules {#sec-bea-510.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 510.01}

(a) The department, upon the department’s own initiative or upon request by a municipality, shall waive any requirement of Bea 500 if such waiver does not contradict the objective or intent of the rule and:

(1) Applying the rule provision would cause confusion or would be misleading to the applicant;

(2) The rule provision is in whole or in part inapplicable to the given circumstances;

(3) There are specific circumstances unique to the situation such that strict compliance with the rule would be onerous without promoting the objective or intent of the rule provision; or

(4) Any other similar extenuating circumstances exist such that application of an alternative standard or procedure better promotes the objective or intent of the rule provision, provided:

(b) No requirement prescribed by statute shall be waived unless expressly authorized by law.

(d) A request for a waiver shall specify the basis for the waiver and proposed alternative, if any.

(e) Waivers that are granted shall be in effect for the period of time requested and approved by the department.

History

#14043, eff 8-8-24

Part Bea 511 Administrative Review

N.H. Code Admin. R. Ann. Bea 511.01 Administrative {#sec-bea-511.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 511.01}

Review Procedure and Time Limits.

(a) This section shall be applicable to each applicant that has applied for municipal grant funds and either received no funds or fewer funds than requested.

(b) Applicants may apply for an administrative review of the scoring of its application by filing a written request within 15 calendar days after an award notice by the department.

(c) The request for an administrative review shall be signed by the chief executive officer of the municipality or governing body appointed designee and shall contain the reason for the requested review. The request shall not introduce new information and shall only explain or clarify information contained in the application submitted.

(d) The department shall review and respond to the written request within 15 calendar days after receipt of the request. The department, based on the information in the request as well as the scoring criteria, shall affirm or modify the prior decision.

Part Bea 512 New Hampshire Housing Champion Designation and Grant Program Fund

N.H. Code Admin. R. Ann. Bea 512.01 Purpose {#sec-bea-512.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 512.01}

There is hereby established in the state treasury the New Hampshire HC designation and grant program fund, for the purpose of funding the grant programs established in RSA 12-O:72 and RSA 12-O:73. The fund shall be non-lapsing and shall be continually appropriated to the department.

History

#14043, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 512.02 Funding Sources {#sec-bea-512.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 512.02}

Funds may originate with federal or private grants or other funding sources beyond appropriations from general funds.

APPENDIX I

Provision of the Proposed Rule

Specific State or Federal Statutes or Regulations Which the Rule is Intended to Implement

Bea 501.01

RSA 12-O:71-RSA 12-O:75

Bea 501.02

RSA 12-O:71-RSA 12-O:75

Bea 502.01

RSA 674:71; RSA 674:73

Bea 502.02 – Bea 502.03

RSA 12-O:75

Bea 502.04

RSA 12-O:75; RSA 354- A:15

Bea 502.05 – Bea 502.06

RSA 12-O:75

Bea 502.07

RSA 12-O:75; RSA 674:5

Bea 502.8 – Bea 502.9

RSA 12-O:75

Bea 502.10

RSA 12-O:75; RSA 485-A:1

Bea 502.11 – Bea 502.17

RSA 12-O:75

Bea 502.18

RSA 12-O:75; RSA 153:1, III

Bea 502.19 – Bea 502.26

RSA 12-O:75

Bea 502.27

RSA 12-O:75; RSA 674:16; RSA 674:21; RSA 674:35; RSA 674:43

Bea 502.28 – Bea 502.29

RSA 12-O:75

Bea 502.30

RSA 12-O:75; RSA 672:7; RSA 673

Bea 502.31

RSA 12-O:75; RSA 672:8

Bea 502.32

RSA 12-O:75; RSA 674:24

Bea 502.33

RSA 12-O:75; RSA 674:1

Bea 502.34

RSA 12-O:75

Bea 502.35

RSA 12-O:75; RSA 674:58, II

Bea 502.36

RSA 12-O:69-RSA 12-O:74

Bea 502.37

RSA 672:10

Bea 502.38

RSA 12-O:75; RSA 672-RSA 679

Bea 502.39 – Bea 502.40

RSA 12-O:75

Bea 502.41

RSA 12-O:75; RSA 672:11; RSA 673

Bea 502.42

RSA 12-O:75

Bea 502.43

RSA 12-O:75; RSA 485:1-a, XV

Bea 502.44 – Bea 502.48

RSA 12-O:75

Bea 502.49

RSA 12-O:75; RSA 259:100

Bea 502.50

RSA 12-O:75; RSA 672:14

Bea 502.51 – Bea 502.52

RSA 12-O:75

Bea 502.53

RSA 12-O:75; RSA 485-A:2, XVI

Bea 502.54

RSA 12-O:75; RSA 674:58

Bea 502.55

RSA 12-O:75; RSA 674:58-61; RSA 674

Bea 502.56

RSA 12-O:75; RSA 674:16; RSA 674:16

Bea 502.57

RSA 12-O:75; RSA 674:16; RSA 674:23

Bea 503.01

RSA 12-O:75; RSA 12-O:76

Bea 503.02

RSA 12-O:76

Bea 504.01 – Bea 504.04

RSA 12-O:71; RSA 12-O:73; RSA 12-O:75

Bea 504.05

RSA 12-O:71; RSA 12-O:73; RSA 12-O:75; RSA 49-C; RSA 49-D; RSA 153; RSA 155-A; RSA 205-A:1, II; RSA 674:59; RSA 674:16; RSA 674:21; RSA 674:31; RSA 674:32; RSA 674:33, IV; RSA674:58, II; RSA 674:72; RSA 676:4, II(b)

Bea 504.06 – Bea 504.08

RSA 12-O:75

Bea 504.09

RSA 4:40; RSA 12-O:75; RSA 31:95-h; RSA 31:95-h, I(d); RSA 31:95-h, II; RSA 35:5; RSA 35:8; RSA 41:14-a; RSA 79-E; RSA 79-E:3; RSA 79-E:5, II; RSA 80:76; RSA 162-G; RSA 162-K; RSA 162-K:5; RSA 162-K:6,III(j); RSA 674:58, IV; RSA 162-K:2, IX-a (a)(5); RSA 162-K:9; RSA 162:K-10

Bea 504.10

RSA 12-O:75; RSA 53-A; RSA 162-K; RSA 162-K:6; RSA 162-K:2, IX-a(a)(5); RSA 574:58, IV; RSA 673:4-c; RSA 674:44-h

Bea 504.11

RSA 12-O:75; RSA 674:18

Bea 504.12

RSA 12-O:75

Bea 504.13

RSA 12-O:75; RSA 541-A:30, I

Bea 504.14

RSA 12-O:75: RSA 541-A:5, III(e)

Bea 505.01

RSA 12-O:72; RSA 12-O:75

Bea 505.02 – Bea 505.12

RSA 12-O:75

Bea 506.01

RSA 12-O:73, I; RSA 12-O:75

Bea 506.02 – Bea 506.05

RSA 12-O:75

Bea 507.01

RSA 12-O: 72; RSA 21-O:73, II; RSA 12-O:75; RSA 135:5

Bea 507.02 – Bea 507.03

RSA 12-O: 72; RSA 12-O:75

Bea 507.04

RSA 12-O: 72; RSA 12-O:75; RSA 135:5

Bea 507.05 – Bea 507.10

RSA 12-O: 72; RSA 12-O:75

Bea 508.01

RSA 21-O:73, II; RSA 12-O:75

Bea 508.02

RSA 12-O:72; RSA 12-O:73; RSA 541-A:1 VII.

Bea 508.03

RSA 12-O:72; RSA 12-O:73;

Bea 509.01 – Bea 509.02

RSA 12-O:72; RSA 12-O:73; RSA 12-O:75

Bea 510.01

RSA 541-A:37

Bea 511.01

RSA 12-O:72; RSA 12-O:73; RSA 12-O:75

Bea 511.02

RSA 12-O:72; RSA 12-O:73

Bea 512.01-Bea 512.02

RSA 12-O:72; RSA 12-O:73

APPENDIX II

Citation: U.S. Census Bureau. "TOTAL POPULATION." Decennial Census, DEC Demographic and Housing Characteristics, Table P1, 2020. Accessed on October 6, 2023

Total Resident Population in New Hampshire by Municipalities - Decennial Census

Geographic Area

Total Population as of April 1, 2020

Alton town, Belknap County, New Hampshire

5,894

Barnstead town, Belknap County, New Hampshire

4,915

Belmont town, Belknap County, New Hampshire

7,314

Center Harbor town, Belknap County, New Hampshire

1,040

Gilford town, Belknap County, New Hampshire

7,699

Gilmanton town, Belknap County, New Hampshire

3,945

Laconia city, Belknap County, New Hampshire

16,871

Meredith town, Belknap County, New Hampshire

6,662

New Hampton town, Belknap County, New Hampshire

2,377

Sanbornton town, Belknap County, New Hampshire

3,026

Tilton town, Belknap County, New Hampshire

3,962

Albany town, Carroll County, New Hampshire

759

Bartlett town, Carroll County, New Hampshire

3,200

Brookfield town, Carroll County, New Hampshire

755

Chatham town, Carroll County, New Hampshire

341

Conway town, Carroll County, New Hampshire

9,822

Eaton town, Carroll County, New Hampshire

405

Effingham town, Carroll County, New Hampshire

1,691

Freedom town, Carroll County, New Hampshire

1,689

Hale's location, Carroll County, New Hampshire

132

Hart's Location town, Carroll County, New Hampshire

Jackson town, Carroll County, New Hampshire

1,028

Madison town, Carroll County, New Hampshire

2,565

Moultonborough town, Carroll County, New Hampshire

4,918

Ossipee town, Carroll County, New Hampshire

4,372

Sandwich town, Carroll County, New Hampshire

1,466

Tamworth town, Carroll County, New Hampshire

2,812

Tuftonboro town, Carroll County, New Hampshire

2,467

Wakefield town, Carroll County, New Hampshire

5,201

Wolfeboro town, Carroll County, New Hampshire

6,416

Alstead town, Cheshire County, New Hampshire

1,864

Chesterfield town, Cheshire County, New Hampshire

3,552

Dublin town, Cheshire County, New Hampshire

1,532

Fitzwilliam town, Cheshire County, New Hampshire

2,351

Gilsum town, Cheshire County, New Hampshire

752

Harrisville town, Cheshire County, New Hampshire

984

Hinsdale town, Cheshire County, New Hampshire

3,948

Jaffrey town, Cheshire County, New Hampshire

5,320

Keene city, Cheshire County, New Hampshire

23,047

Marlborough town, Cheshire County, New Hampshire

2,096

Marlow town, Cheshire County, New Hampshire

749

Nelson town, Cheshire County, New Hampshire

629

Richmond town, Cheshire County, New Hampshire

1,197

Rindge town, Cheshire County, New Hampshire

6,476

Roxbury town, Cheshire County, New Hampshire

220

Stoddard town, Cheshire County, New Hampshire

1,374

Sullivan town, Cheshire County, New Hampshire

658

Surry town, Cheshire County, New Hampshire

820

Swanzey town, Cheshire County, New Hampshire

7,270

Troy town, Cheshire County, New Hampshire

2,130

Walpole town, Cheshire County, New Hampshire

3,633

Westmoreland town, Cheshire County, New Hampshire

1,706

Winchester town, Cheshire County, New Hampshire

4,150

Atkinson and Gilmanton Academy grant, Coos County, New Hampshire

Beans grant, Coos County, New Hampshire

Beans purchase, Coos County, New Hampshire

Berlin city, Coos County, New Hampshire

9,425

Cambridge township, Coos County, New Hampshire

Carroll town, Coos County, New Hampshire

820

Chandlers purchase, Coos County, New Hampshire

Clarksville town, Coos County, New Hampshire

294

Colebrook town, Coos County, New Hampshire

2,084

Columbia town, Coos County, New Hampshire

659

Crawfords purchase, Coos County, New Hampshire

Cutts grant, Coos County, New Hampshire

Dalton town, Coos County, New Hampshire

933

Dixs grant, Coos County, New Hampshire

Dixville township, Coos County, New Hampshire

Dummer town, Coos County, New Hampshire

306

Errol town, Coos County, New Hampshire

298

Ervings location, Coos County, New Hampshire

Gorham town, Coos County, New Hampshire

2,698

Greens grant, Coos County, New Hampshire

Hadleys purchase, Coos County, New Hampshire

Jefferson town, Coos County, New Hampshire

1,043

Kilkenny township, Coos County, New Hampshire

Lancaster town, Coos County, New Hampshire

3,218

Low and Burbanks grant, Coos County, New Hampshire

Martins location, Coos County, New Hampshire

Milan town, Coos County, New Hampshire

1,358

Millsfield township, Coos County, New Hampshire

Northumberland town, Coos County, New Hampshire

2,126

Odell township, Coos County, New Hampshire

Pinkhams grant, Coos County, New Hampshire

Pittsburg town, Coos County, New Hampshire

800

Randolph town, Coos County, New Hampshire

328

Sargents purchase, Coos County, New Hampshire

Second College grant, Coos County, New Hampshire

Shelburne town, Coos County, New Hampshire

353

Stark town, Coos County, New Hampshire

478

Stewartstown town, Coos County, New Hampshire

813

Stratford town, Coos County, New Hampshire

662

Success township, Coos County, New Hampshire

Thompson and Meserves purchase, Coos County, New Hampshire

Wentworth location, Coos County, New Hampshire

Whitefield town, Coos County, New Hampshire

2,490

Alexandria town, Grafton County, New Hampshire

1,776

Ashland town, Grafton County, New Hampshire

1,938

Bath town, Grafton County, New Hampshire

1,077

Benton town, Grafton County, New Hampshire

374

Bethlehem town, Grafton County, New Hampshire

2,484

Bridgewater town, Grafton County, New Hampshire

1,160

Bristol town, Grafton County, New Hampshire

3,244

Campton town, Grafton County, New Hampshire

3,343

Canaan town, Grafton County, New Hampshire

3,794

Dorchester town, Grafton County, New Hampshire

339

Easton town, Grafton County, New Hampshire

292

Ellsworth town, Grafton County, New Hampshire

Enfield town, Grafton County, New Hampshire

4,465

Franconia town, Grafton County, New Hampshire

1,083

Grafton town, Grafton County, New Hampshire

1,385

Groton town, Grafton County, New Hampshire

569

Hanover town, Grafton County, New Hampshire

11,870

Haverhill town, Grafton County, New Hampshire

4,585

Hebron town, Grafton County, New Hampshire

632

Holderness town, Grafton County, New Hampshire

2,004

Landaff town, Grafton County, New Hampshire

446

Lebanon city, Grafton County, New Hampshire

14,282

Lincoln town, Grafton County, New Hampshire

1,631

Lisbon town, Grafton County, New Hampshire

1,621

Littleton town, Grafton County, New Hampshire

6,005

Livermore town, Grafton County, New Hampshire

Lyman town, Grafton County, New Hampshire

585

Lyme town, Grafton County, New Hampshire

1,745

Monroe town, Grafton County, New Hampshire

864

Orange town, Grafton County, New Hampshire

277

Orford town, Grafton County, New Hampshire

1,237

Piermont town, Grafton County, New Hampshire

769

Plymouth town, Grafton County, New Hampshire

6,682

Rumney town, Grafton County, New Hampshire

1,498

Sugar Hill town, Grafton County, New Hampshire

647

Thornton town, Grafton County, New Hampshire

2,708

Warren town, Grafton County, New Hampshire

825

Waterville Valley town, Grafton County, New Hampshire

508

Wentworth town, Grafton County, New Hampshire

845

Woodstock town, Grafton County, New Hampshire

1,434

Amherst town, Hillsborough County, New Hampshire

11,753

Antrim town, Hillsborough County, New Hampshire

2,651

Bedford town, Hillsborough County, New Hampshire

23,322

Bennington town, Hillsborough County, New Hampshire

1,501

Brookline town, Hillsborough County, New Hampshire

5,639

Deering town, Hillsborough County, New Hampshire

1,904

Francestown town, Hillsborough County, New Hampshire

1,610

Goffstown town, Hillsborough County, New Hampshire

18,577

Greenfield town, Hillsborough County, New Hampshire

1,716

Greenville town, Hillsborough County, New Hampshire

1,974

Hancock town, Hillsborough County, New Hampshire

1,731

Hillsborough town, Hillsborough County, New Hampshire

5,939

Hollis town, Hillsborough County, New Hampshire

8,342

Hudson town, Hillsborough County, New Hampshire

25,394

Litchfield town, Hillsborough County, New Hampshire

8,478

Lyndeborough town, Hillsborough County, New Hampshire

1,702

Manchester city, Hillsborough County, New Hampshire

115,644

Mason town, Hillsborough County, New Hampshire

1,448

Merrimack town, Hillsborough County, New Hampshire

26,632

Milford town, Hillsborough County, New Hampshire

16,131

Mont Vernon town, Hillsborough County, New Hampshire

2,584

Nashua city, Hillsborough County, New Hampshire

91,322

New Boston town, Hillsborough County, New Hampshire

6,108

New Ipswich town, Hillsborough County, New Hampshire

5,204

Pelham town, Hillsborough County, New Hampshire

14,222

Peterborough town, Hillsborough County, New Hampshire

6,418

Sharon town, Hillsborough County, New Hampshire

359

Temple town, Hillsborough County, New Hampshire

1,382

Weare town, Hillsborough County, New Hampshire

9,092

Wilton town, Hillsborough County, New Hampshire

3,896

Windsor town, Hillsborough County, New Hampshire

262

Allenstown town, Merrimack County, New Hampshire

4,707

Andover town, Merrimack County, New Hampshire

2,406

Boscawen town, Merrimack County, New Hampshire

3,998

Bow town, Merrimack County, New Hampshire

8,229

Bradford town, Merrimack County, New Hampshire

1,662

Canterbury town, Merrimack County, New Hampshire

2,389

Chichester town, Merrimack County, New Hampshire

2,665

Concord city, Merrimack County, New Hampshire

43,976

Danbury town, Merrimack County, New Hampshire

1,250

Dunbarton town, Merrimack County, New Hampshire

3,005

Epsom town, Merrimack County, New Hampshire

4,834

Franklin city, Merrimack County, New Hampshire

8,741

Henniker town, Merrimack County, New Hampshire

6,185

Hill town, Merrimack County, New Hampshire

1,017

Hooksett town, Merrimack County, New Hampshire

14,871

Hopkinton town, Merrimack County, New Hampshire

5,914

Loudon town, Merrimack County, New Hampshire

5,576

Newbury town, Merrimack County, New Hampshire

2,172

New London town, Merrimack County, New Hampshire

4,400

Northfield town, Merrimack County, New Hampshire

4,872

Pembroke town, Merrimack County, New Hampshire

7,207

Pittsfield town, Merrimack County, New Hampshire

4,075

Salisbury town, Merrimack County, New Hampshire

1,422

Sutton town, Merrimack County, New Hampshire

1,978

Warner town, Merrimack County, New Hampshire

2,937

Webster town, Merrimack County, New Hampshire

1,913

Wilmot town, Merrimack County, New Hampshire

1,407

County subdivisions not defined, Rockingham County, New Hampshire

Atkinson town, Rockingham County, New Hampshire

7,087

Auburn town, Rockingham County, New Hampshire

5,946

Brentwood town, Rockingham County, New Hampshire

4,490

Candia town, Rockingham County, New Hampshire

4,013

Chester town, Rockingham County, New Hampshire

5,232

Danville town, Rockingham County, New Hampshire

4,408

Deerfield town, Rockingham County, New Hampshire

4,855

Derry town, Rockingham County, New Hampshire

34,317

East Kingston town, Rockingham County, New Hampshire

2,441

Epping town, Rockingham County, New Hampshire

7,125

Exeter town, Rockingham County, New Hampshire

16,049

Fremont town, Rockingham County, New Hampshire

4,739

Greenland town, Rockingham County, New Hampshire

4,067

Hampstead town, Rockingham County, New Hampshire

8,998

Hampton town, Rockingham County, New Hampshire

16,214

Hampton Falls town, Rockingham County, New Hampshire

2,403

Kensington town, Rockingham County, New Hampshire

2,095

Kingston town, Rockingham County, New Hampshire

6,202

Londonderry town, Rockingham County, New Hampshire

25,826

New Castle town, Rockingham County, New Hampshire

1,000

Newfields town, Rockingham County, New Hampshire

1,769

Newington town, Rockingham County, New Hampshire

811

Newmarket town, Rockingham County, New Hampshire

9,430

Newton town, Rockingham County, New Hampshire

4,820

North Hampton town, Rockingham County, New Hampshire

4,538

Northwood town, Rockingham County, New Hampshire

4,641

Nottingham town, Rockingham County, New Hampshire

5,229

Plaistow town, Rockingham County, New Hampshire

7,830

Portsmouth city, Rockingham County, New Hampshire

21,956

Raymond town, Rockingham County, New Hampshire

10,684

Rye town, Rockingham County, New Hampshire

5,543

Salem town, Rockingham County, New Hampshire

30,089

Sandown town, Rockingham County, New Hampshire

6,548

Seabrook town, Rockingham County, New Hampshire

8,401

South Hampton town, Rockingham County, New Hampshire

894

Stratham town, Rockingham County, New Hampshire

7,669

Windham town, Rockingham County, New Hampshire

15,817

Barrington town, Strafford County, New Hampshire

9,326

Dover city, Strafford County, New Hampshire

32,741

Durham town, Strafford County, New Hampshire

15,490

Farmington town, Strafford County, New Hampshire

6,722

Lee town, Strafford County, New Hampshire

4,520

Madbury town, Strafford County, New Hampshire

1,918

Middleton town, Strafford County, New Hampshire

1,823

Milton town, Strafford County, New Hampshire

4,482

New Durham town, Strafford County, New Hampshire

2,693

Rochester city, Strafford County, New Hampshire

32,492

Rollinsford town, Strafford County, New Hampshire

2,597

Somersworth city, Strafford County, New Hampshire

11,855

Strafford town, Strafford County, New Hampshire

4,230

Acworth town, Sullivan County, New Hampshire

853

Charlestown town, Sullivan County, New Hampshire

4,806

Claremont city, Sullivan County, New Hampshire

12,949

Cornish town, Sullivan County, New Hampshire

1,616

Croydon town, Sullivan County, New Hampshire

801

Goshen town, Sullivan County, New Hampshire

796

Grantham town, Sullivan County, New Hampshire

3,404

Langdon town, Sullivan County, New Hampshire

651

Lempster town, Sullivan County, New Hampshire

1,118

Newport town, Sullivan County, New Hampshire

6,299

Plainfield town, Sullivan County, New Hampshire

2,459

Springfield town, Sullivan County, New Hampshire

1,259

Sunapee town, Sullivan County, New Hampshire

3,342

Unity town, Sullivan County, New Hampshire

1,518

Washington town, Sullivan County, New Hampshire

1,192

APPENDIX III

Citation: U.S. Census Bureau. "HOUSING UNITS." Decennial Census, DEC Demographic and Housing Characteristics, Table H1, 2020. Accessed on October 6, 2023

Total Number of Housing Units in New Hampshire by Municipalities - Decennial Census

Geographic Area

Total Housing Units as of April 1, 2020

Alton town, Belknap County, New Hampshire

4,309

Barnstead town, Belknap County, New Hampshire

2,416

Belmont town, Belknap County, New Hampshire

3,614

Center Harbor town, Belknap County, New Hampshire

771

Gilford town, Belknap County, New Hampshire

5,175

Gilmanton town, Belknap County, New Hampshire

2,152

Laconia city, Belknap County, New Hampshire

10,275

Meredith town, Belknap County, New Hampshire

4,742

New Hampton town, Belknap County, New Hampshire

1,175

Sanbornton town, Belknap County, New Hampshire

1,695

Tilton town, Belknap County, New Hampshire

1,928

Albany town, Carroll County, New Hampshire

535

Bartlett town, Carroll County, New Hampshire

3,967

Brookfield town, Carroll County, New Hampshire

365

Chatham town, Carroll County, New Hampshire

241

Conway town, Carroll County, New Hampshire

6,531

Eaton town, Carroll County, New Hampshire

280

Effingham town, Carroll County, New Hampshire

970

Freedom town, Carroll County, New Hampshire

2,062

Hale's location, Carroll County, New Hampshire

105

Hart's Location town, Carroll County, New Hampshire

Jackson town, Carroll County, New Hampshire

1,052

Madison town, Carroll County, New Hampshire

1,881

Moultonborough town, Carroll County, New Hampshire

4,910

Ossipee town, Carroll County, New Hampshire

2,982

Sandwich town, Carroll County, New Hampshire

1,073

Tamworth town, Carroll County, New Hampshire

1,883

Tuftonboro town, Carroll County, New Hampshire

2,390

Wakefield town, Carroll County, New Hampshire

3,984

Wolfeboro town, Carroll County, New Hampshire

4,400

Alstead town, Cheshire County, New Hampshire

975

Chesterfield town, Cheshire County, New Hampshire

1,787

Dublin town, Cheshire County, New Hampshire

752

Fitzwilliam town, Cheshire County, New Hampshire

1,248

Gilsum town, Cheshire County, New Hampshire

354

Harrisville town, Cheshire County, New Hampshire

680

Hinsdale town, Cheshire County, New Hampshire

1,814

Jaffrey town, Cheshire County, New Hampshire

2,555

Keene city, Cheshire County, New Hampshire

10,297

Marlborough town, Cheshire County, New Hampshire

993

Marlow town, Cheshire County, New Hampshire

410

Nelson town, Cheshire County, New Hampshire

395

Richmond town, Cheshire County, New Hampshire

502

Rindge town, Cheshire County, New Hampshire

2,361

Roxbury town, Cheshire County, New Hampshire

Stoddard town, Cheshire County, New Hampshire

1,056

Sullivan town, Cheshire County, New Hampshire

314

Surry town, Cheshire County, New Hampshire

344

Swanzey town, Cheshire County, New Hampshire

3,360

Troy town, Cheshire County, New Hampshire

911

Walpole town, Cheshire County, New Hampshire

1,746

Westmoreland town, Cheshire County, New Hampshire

691

Winchester town, Cheshire County, New Hampshire

1,969

Atkinson and Gilmanton Academy grant, Coos County, New Hampshire

Beans grant, Coos County, New Hampshire

Beans purchase, Coos County, New Hampshire

Berlin city, Coos County, New Hampshire

4,714

Cambridge township, Coos County, New Hampshire

Carroll town, Coos County, New Hampshire

912

Chandlers purchase, Coos County, New Hampshire

Clarksville town, Coos County, New Hampshire

424

Colebrook town, Coos County, New Hampshire

1,365

Columbia town, Coos County, New Hampshire

498

Crawfords purchase, Coos County, New Hampshire

Cutts grant, Coos County, New Hampshire

Dalton town, Coos County, New Hampshire

548

Dixs grant, Coos County, New Hampshire

Dixville township, Coos County, New Hampshire

Dummer town, Coos County, New Hampshire

260

Errol town, Coos County, New Hampshire

463

Ervings location, Coos County, New Hampshire

Gorham town, Coos County, New Hampshire

1,467

Greens grant, Coos County, New Hampshire

Hadleys purchase, Coos County, New Hampshire

Jefferson town, Coos County, New Hampshire

646

Kilkenny township, Coos County, New Hampshire

Lancaster town, Coos County, New Hampshire

1,653

Low and Burbanks grant, Coos County, New Hampshire

Martins location, Coos County, New Hampshire

Milan town, Coos County, New Hampshire

774

Millsfield township, Coos County, New Hampshire

Northumberland town, Coos County, New Hampshire

1,081

Odell township, Coos County, New Hampshire

Pinkhams grant, Coos County, New Hampshire

Pittsburg town, Coos County, New Hampshire

1,714

Randolph town, Coos County, New Hampshire

297

Sargents purchase, Coos County, New Hampshire

Second College grant, Coos County, New Hampshire

Shelburne town, Coos County, New Hampshire

209

Stark town, Coos County, New Hampshire

409

Stewartstown town, Coos County, New Hampshire

778

Stratford town, Coos County, New Hampshire

522

Success township, Coos County, New Hampshire

Thompson and Meserves purchase, Coos County, New Hampshire

Wentworth location, Coos County, New Hampshire

Whitefield town, Coos County, New Hampshire

1,375

Alexandria town, Grafton County, New Hampshire

941

Ashland town, Grafton County, New Hampshire

1,352

Bath town, Grafton County, New Hampshire

560

Benton town, Grafton County, New Hampshire

158

Bethlehem town, Grafton County, New Hampshire

1,478

Bridgewater town, Grafton County, New Hampshire

948

Bristol town, Grafton County, New Hampshire

2,495

Campton town, Grafton County, New Hampshire

2,167

Canaan town, Grafton County, New Hampshire

1,901

Dorchester town, Grafton County, New Hampshire

209

Easton town, Grafton County, New Hampshire

210

Ellsworth town, Grafton County, New Hampshire

Enfield town, Grafton County, New Hampshire

2,468

Franconia town, Grafton County, New Hampshire

838

Grafton town, Grafton County, New Hampshire

796

Groton town, Grafton County, New Hampshire

402

Hanover town, Grafton County, New Hampshire

3,452

Haverhill town, Grafton County, New Hampshire

2,349

Hebron town, Grafton County, New Hampshire

604

Holderness town, Grafton County, New Hampshire

1,428

Landaff town, Grafton County, New Hampshire

241

Lebanon city, Grafton County, New Hampshire

7,201

Lincoln town, Grafton County, New Hampshire

2,824

Lisbon town, Grafton County, New Hampshire

818

Littleton town, Grafton County, New Hampshire

3,135

Livermore town, Grafton County, New Hampshire

Lyman town, Grafton County, New Hampshire

358

Lyme town, Grafton County, New Hampshire

803

Monroe town, Grafton County, New Hampshire

390

Orange town, Grafton County, New Hampshire

158

Orford town, Grafton County, New Hampshire

664

Piermont town, Grafton County, New Hampshire

453

Plymouth town, Grafton County, New Hampshire

2,310

Rumney town, Grafton County, New Hampshire

921

Sugar Hill town, Grafton County, New Hampshire

384

Thornton town, Grafton County, New Hampshire

1,874

Warren town, Grafton County, New Hampshire

523

Waterville Valley town, Grafton County, New Hampshire

1,058

Wentworth town, Grafton County, New Hampshire

504

Woodstock town, Grafton County, New Hampshire

1,375

Amherst town, Hillsborough County, New Hampshire

4,466

Antrim town, Hillsborough County, New Hampshire

1,265

Bedford town, Hillsborough County, New Hampshire

8,279

Bennington town, Hillsborough County, New Hampshire

706

Brookline town, Hillsborough County, New Hampshire

1,877

Deering town, Hillsborough County, New Hampshire

919

Francestown town, Hillsborough County, New Hampshire

740

Goffstown town, Hillsborough County, New Hampshire

6,619

Greenfield town, Hillsborough County, New Hampshire

708

Greenville town, Hillsborough County, New Hampshire

916

Hancock town, Hillsborough County, New Hampshire

854

Hillsborough town, Hillsborough County, New Hampshire

2,836

Hollis town, Hillsborough County, New Hampshire

3,184

Hudson town, Hillsborough County, New Hampshire

9,839

Litchfield town, Hillsborough County, New Hampshire

3,146

Lyndeborough town, Hillsborough County, New Hampshire

709

Manchester city, Hillsborough County, New Hampshire

51,438

Mason town, Hillsborough County, New Hampshire

588

Merrimack town, Hillsborough County, New Hampshire

10,517

Milford town, Hillsborough County, New Hampshire

6,846

Mont Vernon town, Hillsborough County, New Hampshire

974

Nashua city, Hillsborough County, New Hampshire

39,663

New Boston town, Hillsborough County, New Hampshire

2,174

New Ipswich town, Hillsborough County, New Hampshire

1,958

Pelham town, Hillsborough County, New Hampshire

5,258

Peterborough town, Hillsborough County, New Hampshire

2,991

Sharon town, Hillsborough County, New Hampshire

158

Temple town, Hillsborough County, New Hampshire

569

Weare town, Hillsborough County, New Hampshire

3,631

Wilton town, Hillsborough County, New Hampshire

1,630

Windsor town, Hillsborough County, New Hampshire

113

Allenstown town, Merrimack County, New Hampshire

2,023

Andover town, Merrimack County, New Hampshire

1,132

Boscawen town, Merrimack County, New Hampshire

1,522

Bow town, Merrimack County, New Hampshire

3,009

Bradford town, Merrimack County, New Hampshire

906

Canterbury town, Merrimack County, New Hampshire

1,066

Chichester town, Merrimack County, New Hampshire

1,037

Concord city, Merrimack County, New Hampshire

19,085

Danbury town, Merrimack County, New Hampshire

691

Dunbarton town, Merrimack County, New Hampshire

1,148

Epsom town, Merrimack County, New Hampshire

1,992

Franklin city, Merrimack County, New Hampshire

4,046

Henniker town, Merrimack County, New Hampshire

1,839

Hill town, Merrimack County, New Hampshire

499

Hooksett town, Merrimack County, New Hampshire

5,785

Hopkinton town, Merrimack County, New Hampshire

2,451

Loudon town, Merrimack County, New Hampshire

2,234

Newbury town, Merrimack County, New Hampshire

1,594

New London town, Merrimack County, New Hampshire

2,252

Northfield town, Merrimack County, New Hampshire

2,006

Pembroke town, Merrimack County, New Hampshire

2,985

Pittsfield town, Merrimack County, New Hampshire

1,770

Salisbury town, Merrimack County, New Hampshire

609

Sutton town, Merrimack County, New Hampshire

1,003

Warner town, Merrimack County, New Hampshire

1,360

Webster town, Merrimack County, New Hampshire

853

Wilmot town, Merrimack County, New Hampshire

668

County subdivisions not defined, Rockingham County, New Hampshire

Atkinson town, Rockingham County, New Hampshire

3,002

Auburn town, Rockingham County, New Hampshire

2,138

Brentwood town, Rockingham County, New Hampshire

1,496

Candia town, Rockingham County, New Hampshire

1,574

Chester town, Rockingham County, New Hampshire

1,848

Danville town, Rockingham County, New Hampshire

1,717

Deerfield town, Rockingham County, New Hampshire

1,920

Derry town, Rockingham County, New Hampshire

14,009

East Kingston town, Rockingham County, New Hampshire

943

Epping town, Rockingham County, New Hampshire

2,985

Exeter town, Rockingham County, New Hampshire

7,459

Fremont town, Rockingham County, New Hampshire

1,810

Greenland town, Rockingham County, New Hampshire

1,648

Hampstead town, Rockingham County, New Hampshire

3,860

Hampton town, Rockingham County, New Hampshire

10,153

Hampton Falls town, Rockingham County, New Hampshire

977

Kensington town, Rockingham County, New Hampshire

804

Kingston town, Rockingham County, New Hampshire

2,592

Londonderry town, Rockingham County, New Hampshire

9,849

New Castle town, Rockingham County, New Hampshire

525

Newfields town, Rockingham County, New Hampshire

622

Newington town, Rockingham County, New Hampshire

353

Newmarket town, Rockingham County, New Hampshire

4,398

Newton town, Rockingham County, New Hampshire

1,946

North Hampton town, Rockingham County, New Hampshire

2,032

Northwood town, Rockingham County, New Hampshire

2,244

Nottingham town, Rockingham County, New Hampshire

2,139

Plaistow town, Rockingham County, New Hampshire

3,196

Portsmouth city, Rockingham County, New Hampshire

11,161

Raymond town, Rockingham County, New Hampshire

4,500

Rye town, Rockingham County, New Hampshire

2,906

Salem town, Rockingham County, New Hampshire

12,681

Sandown town, Rockingham County, New Hampshire

2,483

Seabrook town, Rockingham County, New Hampshire

4,436

South Hampton town, Rockingham County, New Hampshire

340

Stratham town, Rockingham County, New Hampshire

3,017

Windham town, Rockingham County, New Hampshire

5,575

Barrington town, Strafford County, New Hampshire

3,830

Dover city, Strafford County, New Hampshire

15,166

Durham town, Strafford County, New Hampshire

3,763

Farmington town, Strafford County, New Hampshire

2,956

Lee town, Strafford County, New Hampshire

1,808

Madbury town, Strafford County, New Hampshire

710

Middleton town, Strafford County, New Hampshire

867

Milton town, Strafford County, New Hampshire

2,146

New Durham town, Strafford County, New Hampshire

1,581

Rochester city, Strafford County, New Hampshire

14,582

Rollinsford town, Strafford County, New Hampshire

1,135

Somersworth city, Strafford County, New Hampshire

5,325

Strafford town, Strafford County, New Hampshire

1,837

Acworth town, Sullivan County, New Hampshire

513

Charlestown town, Sullivan County, New Hampshire

2,261

Claremont city, Sullivan County, New Hampshire

5,941

Cornish town, Sullivan County, New Hampshire

761

Croydon town, Sullivan County, New Hampshire

401

Goshen town, Sullivan County, New Hampshire

429

Grantham town, Sullivan County, New Hampshire

1,793

Langdon town, Sullivan County, New Hampshire

311

Lempster town, Sullivan County, New Hampshire

656

Newport town, Sullivan County, New Hampshire

2,922

Plainfield town, Sullivan County, New Hampshire

1,000

Springfield town, Sullivan County, New Hampshire

654

Sunapee town, Sullivan County, New Hampshire

2,409

Unity town, Sullivan County, New Hampshire

700

Washington town, Sullivan County, New Hampshire

1,046

History

#14043, eff 8-8-24

Chapter Bea 600 Investnh Program

Part Bea 601 Purpose and Applicability

N.H. Code Admin. R. Ann. Bea 601.01 Purpose {#sec-bea-601.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 601.01}

The purpose of this chapter is to implement the InvestNH program and fund established pursuant to RSA 12-O:69 -70.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 601.02 Applicability {#sec-bea-601.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 601.02}

The rules of this chapter shall apply to any municipality or housing developer who applies for a grant or loan in the InvestNH program that is supported by the InvestNH fund established by RSA 12-O:69.

History

#14044, eff 8-8-24

Part Bea 602 Definitions

N.H. Code Admin. R. Ann. Bea 602.01 Accessory dwelling unit {#sec-bea-602.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.01}

“Accessory dwelling unit” means “accessory dwelling unit” as defined in RSA 674:71, namely, “a residential living unit that is within or attached to a single-family dwelling, and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.” This term includes “detached accessory dwelling units” as described in RSA 674:73.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.02 Affordable rent {#sec-bea-602.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.02}

“Affordable rent” means housing costs, rent, and utilities, at or below the maximum affordable gross rent, approximately 30 percent of 80 percent of area median income, for the area as determined by the U.S. Department of Housing and Urban Development (HUD) metropolitan or non-metropolitan fair market rent area to which the municipality belongs, as is established and updated annually by HUD.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.03 Area median income (AMI) {#sec-bea-602.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.03}

“Area median income (AMI)” means the median income of the greater region, either the HUD metropolitan or non-metropolitan fair market rent area to which the municipality belongs, as is established and updated annually by HUD.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.04 Building {#sec-bea-602.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.04}

“Building” means a structure which, when built, has a ceiling supported by walls or columns, and any appurtenances thereto.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.05 Building permit {#sec-bea-602.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.05}

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.06 Certificate of occupancy {#sec-bea-602.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.06}

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.07 Deed restricted {#sec-bea-602.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.07}

“Deed restricted” means housing which has a deed rider and is subject to a long-term affordability covenant with a provision for municipal or third-party monitoring which ensures the affordability of the units for a prescribed amount of time and ensures that the occupants of the housing income qualify to live in the housing units.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.08 Department {#sec-bea-602.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.08}

“Department” means the department of business and economic affairs (BEA).

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.09 Dilapidated {#sec-bea-602.09 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.09}

“Dilapidated” means a building that is no longer fit for habitation or use and cannot reasonably be restored to a habitable or useable state.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.10 Fire suppression system {#sec-bea-602.10 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.10}

N.H. Code Admin. R. Ann. Bea 602.11 Grant applicant {#sec-bea-602.11 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.11}

“Grant applicant” means the municipality or developer applying for an InvestNH grant or loan.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.12 Grantee {#sec-bea-602.12 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.12}

“Grantee” means a municipality or developer that has been awarded a InvestNH grant or loan.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.13 Hard cost {#sec-bea-602.13 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.13}

“Hard cost” means tangible expenses associated with the physical construction of a project.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.14 Improvements to real property {#sec-bea-602.14 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.14}

“Improvements to real property” means anything that makes the property, or any component thereof, more usable, and valuable.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.15 Incentive {#sec-bea-602.15 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.15}

“Incentive” means a monetary form of assistance, support, offset, or the like that motivates or encourages a specific behavior, such as the development of a workforce housing project.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.16 Local governing body {#sec-bea-602.16 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.16}

“Local governing body” means “local governing body” as defined in RSA 672:6, namely, “in addition to any other appropriate title:

I. Board of selectmen in a town;

II. City council or board of aldermen in a city;

III. Village district commissioners in a village district;

IV. County commissioners in a county in which there are located unincorporated towns or unorganized places.”

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.17 Loan applicant {#sec-bea-602.17 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.17}

“Loan applicant” means a municipality or housing developer that is applying for InvestNH program funding via a loan.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.18 Lot {#sec-bea-602.18 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.18}

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.19 Mortgage subsidy {#sec-bea-602.19 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.19}

“Mortgage subsidy” means a monetary form of assistance, support, offset, or the like that reduces the cost of an individual’s or entity’s mortgage or mortgage related expenses.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.20 Multi-family housing {#sec-bea-602.20 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.20}

“Multi-family housing” means “multi-family housing” as defined in RSA 674:58,II, namely, “a building or structure containing 5 or more dwelling units, each designed for occupancy by an individual household.”

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.21 Other types of housing necessary for the economic development of the state {#sec-bea-602.21 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.21}

“Other types of housing necessary for the economic development of the state” means any type of housing that is suitable for year-round occupancy and is intended for non-transient occupancy. Other types of housing necessary for the economic development of the state can include, but are not limited to rental housing, housing that is intended for sale, accessory dwelling units, age-friendly housing, cottage courts, starter homes, duplexes, triplexes, quadplexes, and multi-family housing. Other types of housing also include the conversion of existing structures to residential use which results in new housing units, residential lots approved in a conventional or open space subdivision, the conversion of existing structures into condominium form of ownership, and conversion of seasonal housing units into units which are intended for year-round use.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.22 Overlay district {#sec-bea-602.22 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.22}

“Overlay district” means a geographic zoning district layered over another existing zoning district or districts, or a defined area within a municipality or territory that lacks zoning, that implements new, additional, or revised regulations.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.23 Property {#sec-bea-602.23 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.23}

“Property” means, unless otherwise indicated, real property.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.24 Real property {#sec-bea-602.24 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.24}

“Real property” means land, including land improvements, structures, and appurtenances thereto, but excludes moveable machinery and equipment.

History

#14044, eff 8-8-24

“Related or affiliated contractor” means a contractor that has a financial, managerial, or familial relationship with the awardee.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.26 Redevelopment costs {#sec-bea-602.26 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.26}

“Redevelopment costs” means the costs of land or site acquisition, demolition, abatement, remediation, excavation, and construction of infrastructure.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.27 Regional revolving loan fund (RLF) {#sec-bea-602.27 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.27}

“Regional revolving loan fund (RLF)” means a source of money from which loans are made in an ongoing manner for the purposes defined within this program, within a defined region of the state of New Hampshire, and with at least the same standards and limitations outlined within the InvestNH program.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.28 Rental subsidy {#sec-bea-602.28 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.28}

“Rental subsidy” means a monetary form of assistance, support, offset, or the like that reduces the cost of an individual’s or entity’s rent related expenses.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.29 Residential unit {#sec-bea-602.29 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.29}

“ Residential unit '' means “residential unit” as defined in RSA 483-B:4, XIX, namely “a structure, or portion thereof, providing complete and independent living facilities, including permanent facilities for living, sleeping, eating, cooking, and sanitation which are used in common by one or more persons.” This term includes “dwelling unit” and “housing unit.”

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.30 Residential use {#sec-bea-602.30 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.30}

“Residential use” means lands, buildings, or structures or portions thereof used, or designed or intended for use as a home or residence of one or more individuals, and includes a single detached dwelling, a semi- detached dwelling, a multiple-unit dwelling, an apartment dwelling, and the residential portion of a mixed-use building or structure.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.31 Site acquisition {#sec-bea-602.31 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.31}

“Site acquisition" means the process of identifying, analyzing, and purchasing real property, including securing any requisite zoning approvals or permitting related to that site.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.32 Site development {#sec-bea-602.32 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.32}

“Site development” means the process and steps necessary to prepare a site for construction, such as drainage, pavement, lighting, earthwork, and other physical infrastructure needed on the site.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.33 Tax reduction {#sec-bea-602.33 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.33}

“Tax reduction” means a monetary form of assistance, support, offset, or the like that reduces the cost of an individual’s or entity’s tax related expenses, or the use of resources to enact a broad-based reduction in tax rate.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.34 Unit {#sec-bea-602.34 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.34}

“Unit” means a single-family residence, or a single-family residence within in a multi-family housing development, which includes a private kitchen and private bathroom.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.35 New unit {#sec-bea-602.35 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.35}

“New unit” means a unit that increases the total net number of units.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.36 Vacant {#sec-bea-602.36 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.36}

“Vacant” means a property that is empty of all personal property generally required for habitation and which has been unoccupied for 90 days.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 602.37 Workforce housing {#sec-bea-602.37 omnilex-key=us-nh-regs-official--agency-bea--Bea 602.37}

“Workforce housing” means “workforce housing” as defined in RSA 674:58, namely “housing which is intended for sale and which is affordable to a household with an income of no more than 100 percent of the median income for a 4-person household for the metropolitan area or county in which the housing is located as published annually by the U.S. Department of Housing and Urban Development. ‘Workforce housing’ also means rental housing which is affordable to a household with an income of no more than 60 percent of the median income for a 3-person household for the metropolitan area or county in which the housing is located as published annually by the U.S. Department of Housing and Urban Development. Housing developments that exclude minor children from more than 20 percent of the units, or in which more than 50 percent of the dwelling units have fewer than two bedrooms, shall not constitute workforce housing.”

History

#14044, eff 8-8-24

Part Bea 603 Program Roles

N.H. Code Admin. R. Ann. Bea 603.01 Department Roles {#sec-bea-603.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 603.01}

The InvestNH program shall be administered by the department, such as utilizing staff in authorized positions, contingent upon availability of funding and with the support of a third-party vendor if the department deems it necessary to ensure the effective administration of the program and available funding for administrative purposes allows.

History

#14044, eff 8-8-24

Part Bea 604 Investnh Program Eligibility, Operation, and Oversight

N.H. Code Admin. R. Ann. Bea 604.01 InvestNH {#sec-bea-604.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.01}

Purpose and Applicability.

(a) The purpose of the InvestNH program is to make grants and loans to municipalities and to housing developers for the purpose of improving the ability to accelerate the approval of affordable workforce housing as defined in RSA 674:58, IV, and other types of housing determined by the department to be important for the economic development of the state including housing for sale or for rent.

(b) Grants and loans shall be made by the department to municipalities and to housing developers in which at least 20 percent of the housing units to be developed will be affordable for a period of at least 10 years. Such units shall be affordable to and intended for occupancy by households with incomes up to 80 percent of the AMI, as established by the HUD.

N.H. Code Admin. R. Ann. Bea 604.02 Eligibility for InvestNH Program Grants and Loans {#sec-bea-604.02 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.02}

(a) Municipalities within the state of New Hampshire shall be eligible to apply for available InvestNH program grants and loans, subject to available funding, program guidance, and application requirements.

(b) For profit and non-profit housing developers shall be eligible to apply for available InvestNH program grants and loans, subject to available funding, program guidance, and application requirements.

(c) Participation in the InvestNH program shall be voluntary. Each eligible municipality and developer has the option, in its sole discretion, to apply to the department to receive available funding.

(d) Eligible municipalities may apply either on their own behalf or on behalf of an eligible private housing developer. In such circumstances, the municipality or housing developer shall either hold title to the property that is the subject of the program application or have a contract in place that will result in the acquisition of title to the property within 12 months, and if the municipality does not or will not hold title to the property, the municipality shall have an enforceable commitment that guarantees the property will be used for the purpose stated in the InvestNH funding application.

(e) Award recipients shall not be debarred or suspended from programs and activities involving federal financial and non-financial assistance or benefits.

(f) Award recipients shall be in good standing, where applicable, with the New Hampshire department of revenue and New Hampshire secretary of state.

(g) All award recipients shall affirm their awareness and understanding of all tax implications and any applicable state or federal requirements.

(h) All award recipients shall be subject to a risk assessment and shall comply with monitoring processes as required based on that assessment.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 604.03 Eligible and Ineligible Uses of Funds Received Through InvestNH Program Grants and Loans {#sec-bea-604.03 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.03}

(a) For housing developments with either single or multi-family homes for sale or for rent, the following costs shall be eligible under this program:

(1) Redevelopment costs for affordable housing development;

(2) Site development;

(3) Site acquisition;

(4) Code required improvements, such as fire suppression systems;

(5) Costs related to development of affordable housing focused overlay districts;

(6) Regional revolving loan funds (RLF); and

(7) Hard costs associated with the housing project.

(b) Funds shall not be used for costs related to incentives, tax reductions, or rental or mortgage subsidies.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 604.04 Application for InvestNH Program Grants and Loans {#sec-bea-604.04 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.04}

To apply to the InvestNH program, the applicant shall submit the following information and documentation to the department:

(a) Municipality or housing developer name;

(b) Municipal or housing developer contact information;

(d) Type of municipality, whether a city, town, village district, or county in which there are located unincorporated places, or housing developer, whether for-profit or non-profit;

(e) Name of county in which project is located;

(f) Population based on the most recent census conducted by the U.S. Census Bureau;

(g) Amount of funding requested, intended use of funds, and reason for need or request;

(h) Project name;

(i) Project address;

(j) Additional project or property related data, such as when it was purchased or will be, when it was last occupied or will be, overall project plan, design, timeline, total and per unit costs, and description, project or property condition, available infrastructure, applicable zoning requirements, or relevant environmental considerations;

(k) Description of municipal oversight plan for housing developer, if applicable;

(l) The municipality’s or housing developer’s written procurement procedures, if applicable;

(m) The municipality’s or housing developer’s written standards of conduct regarding conflicts of interest and the selection, award, and administration of contracts, if applicable;

(n) The project’s comprehensive development budget that includes land costs, soft costs, hard costs, contingencies, estimated financing costs, and income and expense projections. Examples include a project budget and proforma;

(o) Information on any other funding sources being utilized on the project or property;

(p) Number of new housing units, type, and rent or cost that are expected to result from the project or investment;

(q) Enforcement mechanism for the project or property’s affordability commitment or requirements and period of affordability or restriction;

(r) Whether the project or property fits into a local or regional plan such as, the municipal master plan, or the regional comprehensive economic development Strategy (CEDS), and, if so, the plan’s name, relevant section, and page number;

(s) Supporting documentation for the application, such as actual and estimated costs, relevant permits, proof of ownership or purchase and sale contract, project or property plans, condition, affordability or deed restriction, and financing commitments; and

(t) Other information the department deems necessary for the comprehensive review.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 604.05 Application Scoring and Funding Determinations {#sec-bea-604.05 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.05}

(a) The department shall utilize a scoring matrix on a scale of 0-100 pursuant to (b) below. An award cap shall be administered based on availability of funding.

(b) The department shall utilize a scoring matrix, in which 50 points is the minimum for funding consideration as follows:

(1) A maximum of 30 points shall be awarded for the use of funds to increase workforce housing and other affordable housing availability utilizing the following criteria:

a. How the use of awarded funds will be utilized to increase the availability of workforce and other housing in the municipality and region relative to other applicants;

b. An emphases on developing workforce housing and housing affordable for households at 150 percent of AMI or less, while ensuring at least 20 percent of the units in a given project are affordable for households at 80 percent of AMI or less; and

c. Reward affordability requirements in excess of 10 years:

(2) A maximum of 30 points shall be awarded for municipal and regional housing needs, collaboration, and project location utilizing the following criteria:

a. needs in the municipality or region relative to other applicants;

b. Prioritize issuing awards statewide and avoid a concentration of investments; and

c. Give weight to funding for smaller municipalities:

(3) A maximum of 25 points shall be awarded for available infrastructure and infrastructure needs utilizing the following criteria:

a. Prioritize projects utilizing existing municipal infrastructure including but not limited to wastewater collection, water lines, sidewalks, and proximity to community green spaces;

b. Incentivize projects repurposing existing structures or infill in community centers and downtowns;

c. Reward projects utilizing renewable energy, high efficiency ratings, and creative solutions to reduce or stabilize housing costs to renters; and

d. Incentivize collaboration among community and regional stakeholders to help ensure funded projects or programs will experience success; and

(4) A maximum of 15 points shall be awarded for demonstrated ability and capacity to complete the project utilizing the following criteria:

a. Ensure funding is provided to financially sound projects; and

b. Encourage using funds in ways distinct from other available funding sources to fill gaps missed by those funding sources but meeting a need in the housing market.

History

#14044, eff 8-8-24
#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 604.06 Funding Allocation, Distribution of Funds, and Award Terms {#sec-bea-604.06 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.06}

(a) Funds received by eligible entities in this program shall be on a reimbursement basis upon submission by the awardee of required expense and supporting documentation. The department shall request additional supporting documentation if the submitted documentation gives rise to questions regarding the allowability of an expense, and the department shall deny reimbursement for unallowed expenses.

(b) Additional contractual terms that outline the manner and frequency of reimbursement, as well as other requirements such as reporting, oversight, and compliance, shall be contained in the award agreement signed by the state and the awardee, and subsequently authorized through the governor and executive council.

(c) The basis of that agreement shall be the state’s G-1 agreement, or other similar form that may be developed or modified by the New Hampshire department of justice or the department of administrative services.

(d) All loan agreements entered into as an award vehicle for this program, shall carry a zero percent interest rate and be forgivable, unless the financial structure of a given project would be negatively impacted by such terms.

(e) An awardee shall repay a loan if the awardee fails to comply with the conditions of the loan agreement, with potential waivers for incidental deviations from agreed upon terms that do not substantially alter the original agreement.

(f) All funds awarded shall be subject to affordability requirements memorialized in a deed restriction, which shall include at least:

(1) Twenty percent of the housing units to be developed shall be affordable for a period of at least 10 years; and

(2) Such units shall be affordable to and intended for occupancy by households with incomes up to 80 percent of the AMI, as established by HUD.

(g) Relative to affordability requirements attached to rental units, the period for which affordability requirements begin shall be upon occupancy, not upon completion of the unit. A committed affordable unit may be taken off the market for up to 180 days out of any 18 month period without extending the affordability restriction period if the unit is undergoing necessary repairs or upgrades that make occupation impossible or impracticable. If the unit is unavailable for rent for more than 180 days, the rent restriction shall toll, adding one day to the rent restriction period for every day over 180 days it remains unavailable.

(h) Relative to affordability requirements attached to purchased homes or units, or homes or units for sale, the period for which affordability requirements begin shall be upon occupancy, not upon completion of the home or unit. A home or unit with affordability requirements attached may be taken off the market for up to 180 days out of any 18 month period without extending the affordability restriction period if the unit is undergoing necessary repairs or upgrades that make occupation impossible or impracticable, or it has been listed for sale. If the home or unit is unavailable for more than 180 days, the affordability restriction tolls, adding one day to the affordability restriction period for every day over 180 days it remains unavailable.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 604.07 Funding Round Priorities {#sec-bea-604.07 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.07}

Funding priorities shall be set based on available funding. Funding priorities shall relate to the eligible uses of funding within the InvestNH program.

History

#14044, eff 8-8-24

N.H. Code Admin. R. Ann. Bea 604.08 InvestNH {#sec-bea-604.08 omnilex-key=us-nh-regs-official--agency-bea--Bea 604.08}

Grant and Loan Award Oversight.

(a) Reports for projects expenditures shall:

(1) Be reported to the department at the frequency mandated by the award agreement with the eligible entity, typically monthly until the project is completed; and

(2) Be supported by related documentation, which shall be provided along with invoices or reports.

(b) Additional reporting, such as quarterly and annually, shall be required to validate ongoing compliance and project progress.

(c) Municipalities shall abide by their own structured procurement guidelines and requirements, and any additional requirements outlined in the award agreement. Awardees, municipalities, or housing developers shall not enter into contracts with related or affiliated contractors for materials, labor, or services without demonstrating to the department that the terms of those contracts are fair and competitive.

(d) Awardees shall:

(1) Certify that all related or affiliated contractors are billing at rates consistent with industry-accepted market rates. This self-certification shall be submitted as part of the grant application and annually thereafter;

(2) Maintain and provide upon request documentation that demonstrates compliance with industry-accepted market rates. Documentation may include, but is not limited to:

a. Market rate surveys;

b. Competitive bids;

c. Published price lists; or

d. Invoices from unrelated third-party contractors for similar services;

(3) Whenever possible, and in the case of municipalities, in compliance with applicable procurement standards and requirements, use a competitive bidding process to select contractors, including affiliated or related contractors. The process shall be documented and retained for audit purposes; and

(4) Have a conflict-of-interest policy that addresses the engagement of affiliated or related contractors. This policy shall include:

a. Disclosure requirements for any relationships between the awardee and the contractor; and

b. Procedures for ensuring fair and transparent procurement processes.

(e) If an awardee is found to be non-compliant with the requirements of this section, the department shall take corrective actions, which shall include:

(1) Requiring the awardee to refund disallowed costs;

(2) Imposing additional reporting and monitoring requirements; or

(3) Suspending or terminating the grant.

(f) The department shall utilize the services of a third-party vendor to assess industry standards or best practices as they pertain to affiliated or related parties in determining whether any agreements or contracts with such parties achieve those standards or best practices.

(g) Property constructed, improved, or acquired with InvestNH program funds shall be subject to a deed restriction for affordability requirements of at least 10 years that binds the awardee and any successors, heirs, or assignees to the program affordability requirements and other program conditions during that restricted period. This deed restriction shall survive sale, inheritance, bankruptcy, foreclosure, and any other form or means of transferring interest or title.

(h) If compliance with deed restrictions becomes impossible or impracticable, the person(s) or organization holding title to the property shall seek disposition instructions from the department and comply with those instructions.

(i) The department shall engage in the requisite due diligence to confirm awardees satisfy the mandatory eligibility criteria, including but not limited to a debarment search, risk assessment, and assessment of whether the entity is in good standing with the secretary of state’s office and the department of revenue administration, where applicable.

History

#14044, eff 8-8-24

Part Bea 605 Waivers

N.H. Code Admin. R. Ann. Bea 605.01 Waivers {#sec-bea-605.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 605.01}

(a) The department, upon the department’s own initiative or upon request by an applicant, shall waive any requirement of Bea 600 if such waiver does not contradict the objective or intent of the rule and:

(1) Applying the rule provision would cause confusion or would be misleading to applicants;

(2) The rule provision is in whole or in part inapplicable to the given circumstances;

(3) There are specific circumstances unique to the situation such that strict compliance with the rule would be onerous without promoting the objective or intent of the rule provision; or

(4) Any other similar extenuating circumstances exist such that application of an alternative standard or procedure better promotes the objective or intent of the rule provision.

(b) No requirement prescribed by statute shall be waived unless expressly authorized by law.

(d) A request for a waiver shall specify the basis for the waiver and proposed alternative, if any.

(e) Waivers that are granted shall be in effect for the period of time requested and approved by the commissioner.

History

#14044, eff 8-8-24

Part Bea 606 Administrative Review

N.H. Code Admin. R. Ann. Bea 606.01 Administrative Review Procedure and Time Limits {#sec-bea-606.01 omnilex-key=us-nh-regs-official--agency-bea--Bea 606.01}

(a) This section shall be applicable to each applicant that has applied for InvestNH funds and either received no funds or fewer funds than requested.

(b) Applicants may apply for an administrative review of the scoring of its application by filing a written request within 15 calendar days after an award notice by the department.

(c) The request for an administrative review shall be signed by the chief executive officer of the municipality or the governing body’s designee and shall contain the reason for the requested review. A request for administrative review by a private developer shall be signed by its authorized designee. The request shall not introduce new information and shall only explain or clarify information contained in the application submitted.

APPENDIX I

Provision of the Proposed Rule

Specific State or Federal Statutes or Regulations which the Rule is intended to implement

Bea 601.01

RSA 12-O:69; RSA 12-O:70

Bea 601.02

RSA 12-O:69

Bea 602.01

RSA 12-O:70; RSA 674:71; RSA 674:73

Bea 602.02-Bea 602.10

RSA 12-O:70

Bea 602.11

RSA 12-O:70; RSA 541-A:29

Bea 602.12-Bea 602.13

RSA 12-O:70

Bea 602.14

RSA 12-O:70; RSA 672:6

Bea 602.15

RSA 12-O:70; RSA 541-A:29

Bea 602.16

RSA 12-O:70; RSA 674:24

Bea 602.17

RSA 12-O:70

Bea 602.18

RSA 12-O:70; RSA 674:58, II

Bea 602.19

RSA 12-O:70

Bea 602.20-Bea 602.25

RSA 12-O:70

Bea 602.26

RSA 12-O:70; RSA 483-B:4, XIX

Bea 602.27-Bea 602.32

RSA 12-O:70

Bea 602.33

RSA 12-O:70; RSA 674:58

Bea 603.01

RSA 12-O:70

Bea 604.01

RSA 12-O:70; RSA 674:58, IV

Bea 604.02-Bea 604.03

RSA 12-O:70

Bea 604.04

RSA 12-O:70; RSA 541-A:29

Bea 604.05

RSA 12-O:70

Bea 604.06

RSA 12-O:69

Bea 604.07

RSA 12-O:70; RSA 541-A:15

Bea 604.08

RSA 12-O:70

Bea 605.01

RSA 541-A:37

Bea 606.01

RSA 12-O:70

History

#14044, eff 8-8-24