Housing Action Plan — Module 13 · Implementation

From HAP to Ordinance

How does a prioritized HAP item become law? This module maps the three paths a zoning reform idea takes — with realistic timelines, the legal requirements at each step, and concrete strategies the Housing Committee can advocate to accelerate the process.

The most important thing to understand first: not all HAP items travel the same path. Some require a full zoning ordinance amendment — a 6–18 month process involving the Planning Board, Legal Department, and three Council readings. Others can move through administrative policy, Council resolution, or fee schedule changes in a fraction of the time. Correctly identifying the path is the first acceleration strategy.

Choose a path
Three routes from HAP to implementation
Typical timeline 6–18 months
Legal authority RSA 675:2 (Portsmouth as city)
Examples Z-4, Z-5, Z-8, Z-26, Z-33
Council vote required Yes — 3 readings
1
Housing Committee prioritization
HC votes to prioritize an item and formally recommends it for Planning Board action. This is not a directive — the HC cannot instruct the PB, only recommend. The recommendation should include a clear statement of intent, the problem being solved, and any requested timeline.
⏱ 1–2 months (HC triage process)
Acceleration: The stronger and more specific the HC recommendation, the less ambiguity the PB has to resolve. A recommendation that arrives with draft policy language, a legal memo, and a clear problem statement moves faster than a general request.
2
Planning staff review and draft language
Planning & Sustainability Department reviews the recommendation, assesses legal and zoning implications, and drafts proposed ordinance language in coordination with the City Attorney's office. This is often the longest and least visible phase — work product is internal until ready for PB presentation.
⏱ 2–6 months (depends heavily on staff capacity)
RSA 674:16 — Planning board recommends amendments to local legislative body
Acceleration: HC could advocate for a shared drafting process — HC members with policy expertise working alongside staff during drafting, not just reviewing afterward. Also: pre-approved language for compliance-driven items (HB 577, SB 284, HB 631) already exists from NHMA; staff doesn't need to draft from scratch.
3
Planning Board work session(s)
Planning Board reviews draft language in one or more work sessions. Members ask questions, request revisions, and may send the item back to staff for redrafting. Complex or controversial items may require multiple sessions. This phase is often where items stall — PB work session calendars are crowded.
⏱ 1–3 months (scheduling dependent)
Acceleration: HC members attending PB work sessions as public participants — not to lobby, but to answer factual questions about the HAP intent — can reduce revision cycles. Early relationship-building between HC and PB on complex items prevents surprises.
4
Planning Board public hearing
Legally required under RSA 675:2. Public notice must be posted and published at least 10 days before the hearing. The PB hears public comment, deliberates, and votes on whether to recommend the amendment to the City Council. If the amendment is substantively altered after the hearing, a second hearing is required (14-day minimum gap).
⏱ 6–8 weeks (notice requirements + scheduling)
RSA 675:2 + RSA 675:7 — public notice requirements
Acceleration: If HC can help ensure draft language is clean before the public hearing, the PB is less likely to substantially alter it — avoiding a mandatory second hearing. Well-drafted amendments with clear purpose statements also reduce public confusion and opposition.
5
City Council — First Reading
Amendment forwarded to City Council agenda. First reading is typically a presentation and introduction — no vote on substance. Council members may ask questions. Item must then be calendared for second reading, which requires a minimum scheduling gap under Portsmouth practice.
⏱ 2–4 weeks (agenda scheduling)
Portsmouth note: Three readings is Portsmouth's local practice, not a state law requirement. RSA 675:2 gives Portsmouth flexibility in determining its own amendment process. The three-reading structure is a Council self-governance choice that could be modified for specific categories of items.
6
City Council — Second Reading (Public Hearing)
Second reading typically includes a public hearing on the amendment. Council hears public comment and may refer back to committee or request further information. This is where political opposition surfaces most visibly. If the Council substantially amends the proposal, it may need to return to the Planning Board.
⏱ 2–4 weeks (scheduling gap)
Acceleration: HC members can provide public testimony at the Council public hearing supporting the amendment — this is appropriate advocacy. Organized and credible public support at this stage moves items forward; silence is often read as low priority.
7
City Council — Third Reading and Vote
Final Council vote. Adoption requires majority vote. Amendment takes effect as specified in the ordinance — typically immediately upon adoption or within a stated period. Text filed with City Clerk. Ordinance updated.
⏱ 2–3 weeks (scheduling gap)
RSA 675:8 — certified copies filed with City Clerk
Typical total
9–18 months from HC priority vote to effective date
Typical timeline 1–4 months
Authority City Manager / Planning Director / Fee Committee
Examples I-3, P-12, I-2 (partial), PC-4
Council vote required Not always
1
Identify the administrative authority
Many HAP items don't require an ordinance change — they require a decision by the City Manager, Planning Director, or a department head. Permitting timelines, staff workflows, developer outreach programs, and some fee structures fall into this category. The HC should explicitly flag which items are administrative, not legislative.
⏱ Part of triage — no additional time
This is the most underused acceleration in Portsmouth's current process. Items like I-3 (expedited review track) and P-12 (permit timeline audit) don't require Council action — they require a management decision by Peter Britz and the City Manager.
2
HC recommendation to City Manager / Planning Director
HC formally requests that the administrative authority act. This can happen in parallel with ordinance track items — no need to wait for the legislative process. A written recommendation with specific deliverables and a requested timeline is more effective than a general ask.
⏱ 2–4 weeks (HC preparation and transmission)
3
Staff implementation
Planning and relevant departments implement the change. May require internal workflow changes, staff training, or coordination across departments. The HC should request a written confirmation of implementation with a specific date — otherwise administrative items drift.
⏱ 1–3 months (staff capacity dependent)
Accountability mechanism: HC should request a 90-day status report on all administrative track items. Without this, administrative commitments tend to be deprioritized when staff face competing demands.
Typical total
6–16 weeks from HC recommendation to implementation
Typical timeline 2–5 months
Authority City Council (majority vote, no PB required)
Examples HTF-1, PL-2, land disposition policy, 79-E adoption
Planning Board required No
1
HC drafts resolution recommendation
Some HAP items — particularly policy adoptions, program establishment, and land disposition frameworks — require a Council vote but not a zoning ordinance amendment. These travel directly to the Council without Planning Board review. HC prepares a resolution recommendation with supporting materials.
⏱ 3–6 weeks (HC preparation)
Examples: adopting a 79-E program (designating eligible areas), establishing Housing Trust Fund governance, adopting a land disposition policy prioritizing affordable housing, authorizing a City Manager to negotiate a ground lease.
2
Legal review and Council agenda
City Attorney reviews the proposed resolution. If straightforward, this can happen quickly. City Manager places the item on Council agenda. May go through a Council committee first (e.g., Finance Committee for HTF governance).
⏱ 3–6 weeks (legal review + scheduling)
3
Council discussion and vote
Resolutions typically require fewer readings than ordinance amendments. A resolution may pass in a single meeting or require one additional meeting. Public comment may or may not be solicited depending on the item.
⏱ 2–6 weeks (Council scheduling)
This path is significantly faster than Path A and should be the default for any item that doesn't require changing the zoning ordinance text. Many teams default to the full ordinance path out of habit when a resolution would suffice.
Typical total
2–5 months from HC recommendation to Council vote

Acceleration strategies
What the Housing Committee can advocate for

These are concrete changes — some within the HC's direct control, others requiring Council or Planning Board cooperation — that would materially reduce the time from HAP prioritization to implementation. Each is grounded in Portsmouth's specific process.

High impact · Immediate
Correct path identification during triage
Before any item leaves triage, explicitly classify it: ordinance amendment (Path A), administrative action (Path B), or Council resolution (Path C). This single discipline could cut 6+ months from items incorrectly assumed to need an ordinance amendment.
Potential savings: 3–9 months per item
Who controls: Housing Committee
High impact · Near-term
Pre-drafted language for compliance items
HB 577, SB 284, and HB 631 amendments are state compliance requirements. NHMA has already published model ordinance language. The HC should formally request that Planning staff adopt NHMA model language as a starting point rather than drafting from scratch — eliminating the longest phase of Path A.
Potential savings: 2–4 months (drafting phase)
Who controls: HC recommendation to Planning Director
Medium impact · Near-term
Bundled amendment cycles
Planning Board and Council can process multiple related amendments in a single hearing cycle — one public hearing, one set of readings — instead of sequential individual items. For HAP zoning items that are legally and substantively related (e.g., parking + dimensional reform), bundling reduces total calendar time significantly.
Potential savings: 4–8 months per additional item bundled
Who controls: HC coordinates with Planning staff; PB must agree
Medium impact · Near-term
HC-PB joint work sessions
Request that the Planning Board schedule joint work sessions with the HC on priority HAP zoning items — before drafting begins. Early alignment on intent and scope prevents PB from sending items back for redrafting. Reduces revision cycles, which are the biggest source of unpredictable delay.
Potential savings: 1–3 months (revision cycles)
Who controls: HC chairs + PB chairs must jointly agree
Medium impact · Near-term
Parallel processing — administrative and ordinance tracks
Administrative Path B items should be initiated simultaneously with ordinance track items, not sequentially. A permitting reform (I-3) can be underway while a zoning amendment (Z-4) is in Planning Board review. Most of Portsmouth's current process is sequential by default, not by necessity.
Potential savings: 3–6 months (overall pipeline)
Who controls: HC operational discipline; City Manager cooperation
Medium impact · Near-term
90-day accountability check on administrative items
HC formally requests a written status report on all Path B items 90 days after recommendation. Without a structured check-in, administrative items tend to be deprioritized as staff face competing demands. A formal reporting expectation changes the incentive structure.
Impact: Prevents stall, not calendar compression
Who controls: Housing Committee (can adopt as standard practice)
Structural · Requires Council action
Consent agenda for uncontested HAP amendments
Portsmouth's three-reading requirement is local practice, not state law. RSA 675:2 gives the Council flexibility to determine its own process. The Council could adopt a rule allowing HAP amendments with Planning Board recommendation and no public opposition to be consolidated into a consent agenda at second reading — skipping a standalone third reading for uncontested items.
Potential savings: 2–4 weeks per uncontested item
Who controls: City Council (requires self-governance amendment)
Structural · Requires Council action
Compliance deadline as priority queue
Three HAP items (Z-3/Z-25 for HB 631, Z-2 for HB 577 verification, Z-4 for SB 284) have hard state compliance deadlines — July 1, 2026 for HB 631. The Council should formally designate compliance-driven amendments as a priority queue with guaranteed scheduling within 30 days of PB referral, bypassing the standard agenda backlog.
Impact: Avoids legal exposure from missed deadlines
Who controls: City Council / City Manager

What the HC can advocate for — the direct ask
A concrete reform agenda
The Housing Committee's process reform ask
Ask 1
Require path classification for every HAP item at triage — ordinance, administrative, or resolution — before the item leaves the Housing Committee. The HC adopts this as its own standard operating procedure immediately, with no action by any other body required.
Ask 2
Request that the Planning Director confirm which HAP items on the priority list require new ordinance language vs. NHMA model adoption vs. administrative change, and provide an estimated drafting timeline for each. This creates a public record of the process commitment.
Ask 3
Request that the City Manager establish a parallel administrative implementation track for Path B items — a named staff lead, a 90-day reporting requirement, and a public status dashboard or summary. Visible accountability changes behavior.
Ask 4
Request that the City Council direct the Planning Board to schedule joint work sessions with the HC on the top three priority zoning items within 60 days of HAP adoption. Naming a specific number and timeline makes this actionable, not aspirational.
Ask 5
Propose that the Council explore a consent agenda rule for uncontested HAP amendments — those with Planning Board recommendation and no registered opposition — to reduce the three-reading timeline. RSA 675:2 explicitly permits this flexibility.
v1.0 · April 2026 — Initial release. Three implementation paths (ordinance amendment, administrative, Council resolution) with realistic timing estimates. Eight acceleration strategies, five advocacy asks. Process grounded in RSA 675:2 (Portsmouth city form), RSA 675:7 (notice requirements), and Portsmouth's local three-reading practice.