Reference Library

Alternate Board Members

• "What is the Role of Alternate Land Use Board Members?", July/August 2007, Town and City
• Filling vacant seats and those of absent or recused members
  RSA 673:11 allows an alternate land use board member to be designated to sit when a regular member is either absent or disqualified (recused).

  RSA 673:12 was amended in 2009 adding subsection III allowing the chairperson of a local land use board to temporarily designate an alternate member to fill a vacant seat until it can be filled in the manner set forth in paragraph I or II. If the vacancy is for an ex officio member, the chairperson may only designate the person who has been appointed to serve as the alternate for the ex officio member.

  Where multiple recusals deprive a land use board of a quorum, the Town can employ RSA 43:7 and the Selectmen can appoint persons to sit who had previously held the same position in the past.  In the case of a land use board being depleted of all members and alternates because of recusal, the Town can apply to the Superior Court pursuant to RSA 43:8 to have a substitute board appointed for that particular matter. Persons so appointed must have held the same position in the past.

• SB448 (Chapter Law 270:2, 2010) amending RSA 676:1 to specify when and how an alternate may participate in meetings of the land use board.
  Under the existing statutes, many municipalities questioned whether alternates are permitted to sit at the table or participate in meetings. Practices and legal opinions varied from community to community. Additionally, many felt for alternates to be best prepared to serve when called-up or to fill future vacancies they needed to participate in meetings on a regular basis. This bill allows alternate members of land use boards to participate in meetings of the board as a non-voting member. Boards are required to establish procedural rules to set the details of how and when the alternate may participate. For example, rules may specify that alternates participate during master plan or other work sessions; during hearings but not board deliberations that lead to a vote; etc.
  • Suggested Planning Board Rules of Procedure
  • Suggested Zoning Board of Adjustment Rules of Procedure

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