HB 1154 - AS INTRODUCED
2001 SESSION
06/01
HOUSE BILL 1154
COMMITTEE: Municipal and County Government
This bill provides that in any appeal of a historic commission decision to the zoning board of adjustment, the burden of proof shall be on the party seeking to set aside the decision to show that the historic commission decision was in error or unreasonable. All findings of the historic district commission on questions of fact shall be prima facie lawful and reasonable.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-2001
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to appeals of historic district commissions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Burden of Proof. Amend RSA 677:17 to read as follows:
677:17 Appeal When Zoning Ordinance Exists.
I. Any person or persons jointly or severally aggrieved by a decision of the historic district commission shall have the right to appeal that decision to the zoning board of adjustment in accordance with the provisions of RSA 676:5 and RSA 677:1-14.
II. In an appeal to the zoning board of adjustment, the burden of proof shall be upon the party seeking to set aside any order or decision of the historic district commission to show that the order or decision is in error or unreasonable. All findings of the historic district commission upon all questions of fact properly before it shall be prima facie lawful and reasonable.
III. In exercising its powers under paragraph II, the zoning board of adjustment shall not modify or reverse the order or decision appealed from, except for errors, unless it is persuaded, on the evidence before it, that said order or decision is unreasonable and that any modification or reversal will not be contrary to the public interest.
2 Effective Date. This act shall take effect 60 days after its passage.