Current law allows one planning board member to sit on a zoning board of adjustment (ZBA), and there is no prohibition on ZBA members serving on planning boards. The Municipal and County Government Committee heard HB92, which sought to amend RSA 673:3, that pertains to ZBA Membership, and 673:7, I-III, pertaining to Planning Board Members Serving on Other Boards. The bill prohibited an individual from simultaneously serving on the ZBA and a planning board, or vice versa in order to avoid conflicts of interests that can cause unnecessary and costly appeals.

However, there are some towns that have trouble populating their land use and other boards, with members simultaneously serving on both boards. I empathize with towns where apathy seems to reign supreme, and dedicated citizens often end up serving in more than one position so the boards can achieve a quorum and conduct the people’s business. However, applicants and appellants need to be protected from unscrupulous individuals who do not voluntarily recuse themselves, but should be disqualified due to pecuniary or direct personal interest; or when a town has not adopted a conflict of interest ordinance under RSA 31:39-a., and especially when simultaneously serving and in a position to exert undue influence, and cast a deciding vote to deny an application or appeal.

Currently, under RSA  673:14 Disqualification of Member, recusal is based on the honor system, but if not honorable, there is nothing by law to compel recusal. To assure applicants and appellants that boards remain neutral and detached, and still allow simultaneous serving, I sponsored amendment 2025-0317h, which mandates that members recuse themselves in the event there is a hearing on a matter that was previously decided in a quasi-judicial manner by either board, and when the member was a voting member. 

The New Hampshire Municipal Association indicated they were not opposed to the measure. The committee recommended OTP/A, 18-0, and the bill was placed on the Consent Calendar.