Worship in the Living Room, a Cease-and-Desist Order and a New Law: New Hampshire Changes Church Zoning Rules

• New Hope Christian Fellowship bought a house on Route 101 in Bedford, New Hampshire, in March 2020 and held services there.
• In October 2021 the town ordered it to stop, saying it lacked an occupancy permit for religious gatherings.
• The church sued; a judge denied a preliminary injunction in December 2021.
• Governor Chris Sununu signed House Bill 1021, overriding zoning bans on religious uses while keeping standard rules such as setbacks and parking.

A dispute over a small church meeting in a house has helped change New Hampshire law. The New Hampshire Bulletin reported that zoning friction between towns and churches had led to legal challenges and new legislation.

New Hope Christian Fellowship, with 10 to 20 weekly attendees, bought a residential property on Route 101 in Bedford in March 2020. It held Bible studies, Sunday services and pastoral counselling in the living room and planned a 50-person extension. Its requests for property tax exemption in 2020 and 2021 were denied, and in October 2021 the town issued a cease-and-desist order saying the church lacked an occupancy permit for religious gatherings. Town manager Rick Sawyer said: “A certificate of occupancy is required for all buildings in the town of Bedford.”

The church challenged the order in Hillsborough North Superior Court, citing the state constitution, the First Amendment and the Religious Land Use and Institutionalized Persons Act. A judge denied a preliminary injunction in December 2021. Church attorney Michael Tierney said: “My clients have been denied the ability to use their property for religious worship services”.

In July 2022 Governor Chris Sununu signed House Bill 1021, which overrides zoning ordinances that prohibit religious structures while still allowing towns to apply setbacks, parking and lot-area rules equally to all uses. Sponsor Rep. Kurt Wuelper said towns can apply “any typical setback requirements, parking requirements, those types of things, to everybody the same”. Natch Greyes of the Municipal Association said the law “seems to give them more rights to be exempted from regular zoning”.

House churches are common in Jamaica too, and many congregations start in a living room before buying a building. Growth brings questions about permits, parking, noise and safety. Congregations meeting in homes should check with the local authority what is allowed, and should plan the move to a proper building before neighbours complain. Buying a house with a view to using it as a church needs particular care over the approved use.

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