Todd I. Selig: The zoning dilemma — A tale of two New Hampshires

Imagine two New Hampshires. In one, we see a tapestry of diverse communities, each with its own unique character, carefully woven over generations, serving citizens and tourists alike. In the other, a landscape of cookie-cutter developments, indistinguishable from one town to the next.

Zoning laws emerged in the early 20th century as a response to rapid urbanization and the need to separate incompatible land uses. In New Hampshire, the state empowered municipalities to enact zoning laws in 1925, recognizing the importance of local control in shaping community development. This local approach has allowed towns to preserve their unique character while managing growth responsibly.

Today, a series of bills in our state Legislature threatens to chip away at local control: SB 84, SB 90, SB 174, SB 163, SB 188, SB 281, SB 284, HB 382, HB 457, HB 459, and HB 631 — a veritable alphabet soup of well-meaning but misguided attempts to solve our state’s housing challenges.

Critics argue that local zoning is the primary culprit behind our housing shortage. Yet this narrative ignores other, overarching, market-force factors. Rising construction costs (labor shortages, increased material prices, higher interest rates and land prices) play a crucial role in housing affordability and availability. The proliferation of second homes and short-term rentals within our communities, the influx of city-dwellers into our state during the pandemic, and the state’s public education funding structure also have major impacts.

Local zoning serves several vital functions. It helps ensure that development doesn’t outpace infrastructure capacity, preventing strain on roads, water systems and schools. Zoning safeguards sensitive ecological areas and preserves open spaces for wildlife habitat and public enjoyment. It’s the judicious hand guiding the growth of our towns, ensuring that the New Hampshire we love, and that tourists pay to visit, remains recognizable to future generations.

Consider the volunteer planning board member or selectperson, poring over maps and infrastructure reports late into the night. They know intimately which areas of town can support new development and which cannot. They understand the delicate ecosystem of their community — not just in terms of nature, but in the intricate dance of residential, commercial and industrial uses that keep a town vibrant, and if not considered carefully, drive up local taxes, making towns less affordable.

As we ponder these proposals, I’m reminded of another well-intentioned but ultimately misguided attempt to reshape our communities: urban renewal. In the mid-20th century, urban renewal promised to revitalize our cities. Instead, it often led to the destruction of vibrant neighborhoods and the erosion of community character. Are we at risk of making a similar mistake with these zoning bills?

Now, I’m not suggesting we build a fence around our towns and lock the gate. We need housing — badly. But the solution isn’t to steamroll local wisdom in favor of one-size-fits-all state mandates. It’s to find a middle path, one that respects both the need for growth and the character that makes our communities worth growing into.

Instead of dismantling local zoning, let’s focus on solutions that work within our existing framework.

The state should ramp up funding for state aid grants and low-interest loans that provide financial assistance to local communities to offset eligible costs for the engineering and construction of expensive water, wastewater and stormwater infrastructure projects necessary for new housing. We should fund the Housing Champion Designation Program to incentivize municipalities to adopt housing-friendly policies. The InvestNH initiative can be leveraged to accelerate the approval and construction of affordable workforce housing. Enhanced funding for shelters and rehousing programs can provide immediate relief to those most in need. And through adequate state funding of public education, we would significantly reduce the burden of property taxes on local residents, making homeownership more attainable and rentals more affordable in every town.

Most towns' residents already have very strong economic incentives to create local options for affordable housing. Indeed, Durham has invested a great deal of time and effort in thinking through and implementing changes in its zoning to achieve that goal. Of course we may make mistakes. But errors are more likely to be corrected quickly if they reflect local efforts tailored to specific local circumstances, rather than a slow and deliberative legislative process which assumes one size fits all.

As we stand at this crossroads, we must ask ourselves: What kind of New Hampshire do we want to pass on to our children? For me, it’s one where growth is thoughtful, sustainable, and in harmony with the unique spirit of each community.

Let's choose wisely, with an eye toward both progress and preservation of the very characteristics that make NH special.

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Originally from Laconia, Todd Selig is the longtime town manager in Durham, where he lives with his family.