The Josiah Bartlett Center’s new study of local residential land use regulations provides a first-ever ranking of N.H. municipalities’ local housing restrictions.

The study ranks N.H. municipalities by the inelasticity of their housing supply, that is, by how much local conditions, especially land-use regulations, restrict the ability of the private sector to provide new housing in response to rising demand. 

Excessive residential land use restrictions have sharply restricted New Hampshire’s housing supply, our study finds. That supply shortage has led to dramatically higher housing prices, increased income segregation, larger gaps in educational performance, slower economic growth, and slower population growth.

The ten municipalities where housing is most restricted are:

 

1.     New Castle

2.     Rye

3.     Portsmouth

4.     Newington

5.     New London

6.     Hanover

7.     North Hampton

8.     Moultonboro

9.     Hampton Falls

10.  Waterville Valley

 

The ten municipalities where housing is least restricted are:

  1. Ellsworth
  2. Hart’s Location
  3. Hale’s Location
  4. Stratford
  5. Northumberland
  6. Berlin
  7. Colebrook
  8. Stewartstown
  9. Warren
  10. Clarksville

Why have house prices and rents increased so much in New Hampshire? A new Josiah Bartlett Center for Public Policy study finds that residential land use regulations, mostly at the local level, are a major cause.

Examples of local regulations that prevent people from building homes include: minimum lot sizes, frontages and setbacks, single-family-only requirements, bureaucratic requirements for accessory dwelling units, maximum heights and densities, minimum parking requirements, historic and village district requirements, municipal land ownership, subdivision regulations, impact fees, and simply the unwillingness of zoning boards to issue variances.

Widely available measures show that New Hampshire is one of the most restrictive states in the country for residential development. By suppressing building, land-use regulations drive up the price of housing as demand rises. Removing or relaxing these regulations would allow prices to rise more gradually.

Consequences

The consequences of housing scarcity for our state are significant. This study finds that residential land use regulations are associated with growing socioeconomic segregation and slowing population growth.

As housing becomes more expensive, fewer people are moving to New Hampshire, especially to those towns that are most expensive. Those who stay are disproportionately wealthy and college-educated, while middle- and lower-income families leave because they cannot find affordable housing.

Costly housing in towns with better schools also limits families’ access to educational opportunity. Finally, the sprawl caused by anti-density policies such as minimum lot sizes increases drive times and road maintenance costs and worsens air and water quality.

Causes

New Hampshire municipalities have enacted these restrictions on growth for several reasons. First, there is a widespread perception that allowing home-building would increase the number of children in local schools. However, the other side of the home-building equation is that new home construction leads to substantial growth in the tax base, relieving the tax burden on the rest of the town. Moreover, school populations are falling across most of the state, and so adding more children would not necessarily require more spending. So the “fiscal” motivation for restricting home-building does not make much sense today.

Rent-seeking

The main reason for growing development restrictions seems to be “rent-seeking.” In other words, some homeowners in the towns with the biggest housing demand see zoning as a way of boosting their wealth by artificially limiting the supply of housing.

This process may have gotten out of hand now, though, as pandemic-driven housing demand has well outstripped supply. Many Granite Staters have seen their homes rise in value, but this rise may be merely notional, because it is now so difficult to find a new house after selling the old one. The rapid aging of the New Hampshire population makes reform to relax local planning and zoning regulations all the more crucial.

As the rent-seeking explanation would predict, the places with the most stringent rules on building new homes tend to be the ones that historically saw big growth in housing demand. Portsmouth, Hanover, and some of their surrounding towns are among the most regulated towns in the state, along with a few Lakes Region and White Mountains locations. Some of the wealthier suburbs of Manchester and Nashua – Hollis, Windham, and Bedford – are also near the top of the list.

By contrast, the inland Appalachian belt of New Hampshire, running from western Cheshire County to the North Country, is the least regulated part of the state. There’s a definite trend in the historical data, whereby towns that saw large growth in the 1960s and 1970s enacted restrictions that then choked off growth in the later 1980s and 1990s. By contrast, population density does not seem to correlate with increases in regulatory stringency, even though it may have been a motivation for towns to adopt zoning to begin with. Some of the towns with the strictest rules have low densities and very little industrial activity, like Hanover and Lyme.

Another correlation observed in the data finds that towns that lie nearby other towns that increased their restrictions on housing were themselves more likely to enact new restrictions on housing. In other words, municipal land-use regulation in New Hampshire looks like a kind of “arms race.” When one town tightens, others are also provoked to tighten so that they don’t get a disproportionate share of new housing construction. As a result, all towns end up with less construction and stricter regulations than they really want.

Policy solutions

To get out of the arms race and make decent homes affordable to Granite Staters of all ages and walks of life, policymakers and citizens have to understand how local land use regulations affect the supply and price of housing. Better policies will come from a better understanding of the downstream effects of these regulations.

In addition to showing how land use regulations affect housing supply and prices, this study suggests several state- and local-level policy changes that could provide relief.

At the local level, zoning ordinances could be revised to allow homes to be built on smaller lot sizes, with smaller frontages, and with smaller setbacks. Building permit caps could be removed. Multi-family housing options, such as duplexes and triplexes, could be allowed in additional locations. In urban areas, minimum parking and maximum height restrictions could be eased.

At the state level, the state could enact a regulatory takings compensation law, so that municipal governments would have to compensate landowners for new regulations that substantially take away the value of their property. The state could directly preempt the most egregious forms of exclusionary zoning, such as minimum lot sizes above a certain level and building permit caps. The state could also authorize towns to decentralize planning authority to neighborhood or even block levels. At such a small level, residents are unlikely to adopt rent-seeking forms of zoning, because builders and home-buyers could easily go elsewhere. State government could authorize municipal land-use compacts that would allow neighboring municipalities to offer multi-community planning, where the impacts of regulation on the whole commuting area could be considered. Finally, an open-enrollment law for public school choice would at least ameliorate one of the negative consequences of exclusionary zoning for middle- and low-income families: being locked out of good schools.

Top Ten Municipalities Where Housing Is Most Restricted

The study ranks N.H. municipalities by the inelasticity of their housing supply, that is, by how much local conditions, especially building and land-use regulations, restrict the ability to build new housing in response to rising demand. The ten most inelastic, regulated municipalities are:

  1. New Castle
  2. Rye
  3. Portsmouth
  4. Newington
  5. New London
  6. Hanover
  7. North Hampton
  8. Moultonboro
  9. Hampton Falls
  10. Waterville Valley

Download a copy of the full study here: Residential Land Use Regulations in New Hampshire Report

If you missed the event, the full video is posted on our YouTube channel here.

NOTE:

The Center for Ethics in Society and the Josiah Bartlett Center for Public Policy have been gratified by the overwhelmingly positive response to the study, “Residential Land Use Regulations in New Hampshire: Causes and Consequences,” authored by Center for Ethics Director Jason Sorens and published by the Josiah Bartlett Center for Public Policy. However, in referring to this study in some contexts, we created some confusion by using the term “building regulations” instead of “land-use regulations.” In using the terminology of “building regulations” we did not intend to designate “building codes,” but rather regulations governing where and how housing is to be built on land in a given community. We do apologize for any confusion we may have caused.
 
To clarify, the overwhelming majority of the costs of developing new housing are due to land-use regulations found in zoning ordinances and the decisions of planning and zoning boards to approve or not approve projects. All the research suggests that life safety codes add only a small amount, in percentage terms, to the overall cost of housing. Accordingly, we have revised the title of the study to refer to “land use” rather than “building” regulations. Land use regulations are restricting what can be built where, and driving up the cost of housing.

New Hampshire’s official COVID-19 statistics continue to show the efficacy of vaccines in fighting infection, hospitalization and death from the ongoing pandemic. But this information is not included on the state’s COVID-19 dashboard, nor in the daily or weekly COVID press releases, hindering the state’s vaccine promotion efforts. 

New Hampshire recorded its first breakthrough infection (a COVID-19 infection in a fully vaccinated patient) on January 20th of this year, the state Department of Health and Human Services reports. Since that date, only a small fraction of the state’s COVID-19 infections, hospitalizations, and deaths have occurred among fully vaccinated persons, according to data released to the Josiah Bartlett Center from the state Department of Health and Human Services. 

From Jan. 20-Sept. 24, 2021:

  • Only 3.5% of total COVID-19 infections (1,976 of 57,203) have occurred among fully vaccinated individuals;
  • Only 6.4% of initial hospitalizations (37 of 579) have occurred among fully vaccinated individuals;*
  • Only 6.5% of deaths from COVID-19 (28 of 430) have occurred among fully vaccinated individuals.

(*The state records COVID hospitalizations for those who were hospitalized upon the initial report of their infection. If someone is hospitalized after the initial report of infection, that would not be included in the hospitalization statistics. The state has always reported COVID hospitalizations this way.) 

While state data show that 96.5% of New Hampshire’s COVID-19 infections, 93.6% of initial hospitalizations and 93.5% of deaths have occurred among unvaccinated individuals since January 20th, these statistics are created manually within the department and thus are not part of the daily or weekly information released to the public. 

Making these statistics a regular part of the state’s vaccination message might help reduce vaccine hesitancy, polling suggests. 

And higher vaccination rates would improve the state’s economic prospects while accelerating the end of the pandemic. 

New Hampshire ranks 10th in the nation in the percentage of residents who are fully vaccinated (61%), according to the latest tracking data from Becker’s Hospital Review. Yet that percentage is well below all other New England states. The top five most vaccinated states are the five other New England states. 

Vaccine hesitancy has slowed the state’s vaccination efforts. According to a University of New Hampshire poll released Sept. 21, the top two reasons unvaccinated Granite Staters gave for not wanting the vaccine were: 1. They don’t trust it will be safe; and 2. They don’t believe it’s effective. 

Both of those fears run contrary to large amounts of publicly available data.

Regarding vaccine safety, the state could put more resources into promoting research that has shown the vaccines to be safe. A Harvard study of nearly 2 million Israelis, for example, found that not only were vaccine complications extremely rare, but conditions commonly associated with the vaccines — such as inflammation of the heart muscle — occurred more frequently in unvaccinated individuals who were infected with COVID than in individuals who received the vaccine. 

Regarding vaccine effectiveness, the state should make the vaccination statistics listed above part of its daily COVID reporting, as well as part of any public information campaign. 

Data highlighting the effectiveness of the vaccines should be put atop the state’s COVID-19 dashboard and should be made the focus of every press release and briefing.

People are getting a lot of bad information from unreliable sources. The state needs a more rigorous effort to counter misinformation with its own reliable data. 

State officials are aware that the vaccination data would help combat myths about the vaccines, but the statistics were not built into the initial reporting system, and a general manpower shortage has delayed the state’s effort to add them, according to a spokesman for the state Department of Health and Human Services.

“We’re working on it, but it boils down to capacity,” HHS Director of Communications Jake Leon wrote in an email. “As you might imagine, we’re as busy as we’ve ever been but do not have as much access to temp staffing with the National Guard standing down.”

The public health reasons for publishing accurate information about the safety and efficacy of vaccines are obvious. There also are economic reasons. 

COVID-19’s negative economic impact is widely known, and that impact continues to push down economic forecasts. The National Association for Business Economics this week cut its economic growth forecast, largely due to fears over the prolonged presence of COVID-19. 

For those who want to see New Hampshire’s economy reach its maximum potential, a high vaccination rate for COVID-19 is vital. It’s hard to engage in free and open commerce when a potentially fatal communicable disease continues to suppress direct human interaction, reduce labor force participation and otherwise disrupt overall economic activity.  

As the federal government works to resettle Afghans who fled the Taliban, New Hampshire officials should ask Washington to send us more than our share.

From a humanitarian standpoint, the appeal is obvious. Giving refuge to freedom-loving people ill-treated by their own government is a tradition woven into the fabric of the nation.

For New Hampshire, there is an additional practical appeal. The state is desperate for people.

New Hampshire’s population growth in the last decade was the state’s lowest in a century. From 1960-2000, the state’s population roughly doubled, and from 1960-1990 it grew by more than 20% per decade. 

But from 2010-2020, the growth rate was down to 4.5%. That was the lowest growth rate since 1910-20, when it was a paltry 2.9%. 

New Hampshire has enjoyed sustained economic growth because people continued to relocate here. Close to 60% of New Hampshire’s population was born out-of-state. In the rest of New England, with its lower economic growth, the percentages are reversed, and about 60% of the population is native-born.

In the last decade, immigration accounted for 89% of New Hampshire’s population growth, according to an analysis of Census data by the Carsey School of Public Policy at UNH.

Granite Staters aren’t having enough children to sustain a vibrant economy we’ve built here. New Hampshire has the second-lowest birth rate in the nation, at 8.8 live births per 1,000 people. That puts us just a hair behind the state with the nation’s lowest birth rate — Vermont. Its rate is 8.7. 

Were New Hampshire a country, it would have one of the lowest birth rates in the world. Our rate is lower than that of many Eastern Bloc countries whose populations and economies have been decimated by decades of misrule, corruption and poverty, including Latvia, Croatia, Romania, Slovakia, Ukraine and Belarus.

The state’s economy has helped to counter the shrinking birth rate, and the foreign-born have always been an important part of the state’s immigrant population. 

In 1900, 21% of New Hampshire’s population was foreign-born, according to data compiled by the Carsey Institute at UNH. That has fallen to around 6%.

In the late 1800s, mill owners aggressively recruited foreign immigrants as Granite Staters moved away for better opportunities. The state even got into the act, creating a Commissioner of Immigration in an attempt to revive the declining agricultural sector.   

As early as the mid-1800s, New Hampshire and other New England states relied on immigration (often from what were then-considered less-desirable populations, including Irish, Germans, French-Canadians and Poles). In his 1871 book on farming, Horace Greeley wrote that in some New England townships, farm work was “done mainly by foreign-born employees.”

The state’s economy is in much better shape today, but our massive labor shortage represents a threat to future growth.

New Hampshire has tens of thousands of job openings. A search on glassdoor.com shows more than 30,000 openings, and indeed.com shows more than 40,000. Yet the state’s latest employment report showed only 22,210 unemployed Granite Staters and an unemployment rate of 3%. 

Afghan immigrants have a long and successful record of migration to the United States. The crime rate of Afghan immigrants is 11.6 times lower than the crime rate of native-born Americans, according to crime data analyzed by Alex Nowrasteh and Michelangelo Landgrave of the Cato Institute. 

During the Cold War, the United States prioritized refugees from Communist countries and screened them for Communist sympathies and associations. Cuban and Vietnamese refugees famously became two extraordinarily patriotic refugee groups after being resettled in the United States.

Similarly, Afghan refugees are screened twice for jihadist sympathies and terrorist connections, once overseas and again after arriving in the United States.

New Hampshire expects only 100-200 Afghan refugees. Even10 times that number would not be enough to provide a statewide economic lift. But for the businesses desperate for help, every hire matters.   

And if there’s any group of people who should be welcomed in the “Live free or die” state, it is refugees who literally lived that motto by risking their lives for freedom. 

More than 1,000 New Hampshire families have applied for one of the state’s new Education Freedom Accounts (EFAs), showing strong demand for a program that offers many lower-income families their first real alternative to their assigned public school. Sadly, opponents of the program have cited this strong interest as a reason to prevent the program from growing.

Opponents claim the program will cost taxpayers too much money, so it should be capped. In fact, the program will save taxpayers millions. And the more public school students who take an EFA, the more taxpayers will save.

Authorized by the Legislature this year, Education Freedom Accounts allow families with incomes of no more than 300% of the federal poverty level to spend their state adequate education grant on educational services of their choice (from an approved state list). EFAs involve only state education grants; all local taxpayer money remains in the public schools.

The average cost of each EFA is expected to be approximately $4,600. For context, the state Department of Education projects the average per student expenditure in New Hampshire public schools in 2020-21 to be $21,401.

EFAs educate students for less than a quarter of what taxpayers currently spend, on average.

About 1,500 families have applied for an EFA for this fall, according to news reports. If each application is approved, opponents argue, the program will cost the state $7 million this year, which is more than the state budgeted for the program. Opponents simply multiply the $4,600 average EFA grant by 1,500 students. (The total with these round numbers would be $6.9 million.)

But that number is misleading because it overestimates the cost to the state and doesn’t count the savings to local school districts.

First, let’s consider that number in the larger context of education spending in New Hampshire. The total spending on public education in the 2020-21 school year was more than $3.3 billion. The state portion of the spending at the end of the 2021 fiscal year was just over $769 million.

This would mean that even if EFAs were to cost the state $7 million this year, that figure would amount to less than 1% of state spending for public education and 0.2% of the total education spending.

The actual percentage will be much smaller, though, because many EFA students are already enrolled in public schools. For any student who is leaving a district public school, the EFA grant he or she will receive does not represent new spending. It’s money already budgeted for that student’s education. The state just deposits it into the family’s EFA instead of the school district’s bank account, so there is no change to the state portion of the funding.

At the local level, the school district keeps every dollar raised by local taxation. It remains with the school district even though the student does not. Thus, more money is left for fewer students.

The Josiah Bartlett Center for Public Policy studied the financial impact of the EFA program earlier this year. Our analysis projected that taxpayers would save $6.65 million in the first two years of the program based on a conservative estimate of EFA enrollment.

We estimated that 966 students would use an EFA this year and 2,335 would use one next year. If first-year enrollment is closer to 1,500 students, state costs will a little higher, somewhere just above $1 million, roughly. But total taxpayer savings will also be higher, closer to $3 million instead of our projected $1.85 million.

The additional costs over what were budgeted are tiny — a few million dollars out of $769 million in state-funded education spending (and $3.3 billion in total New Hampshire education spending).

From a financial point of view, there’s no reason to cap EFA enrollment based on the interest parents have shown in the program this fall.

From a humanitarian point of view, a cap would be bad for children.

While the political conversation has focused on costs, the argument about educational choice is not fundamentally an economic one. It’s about who gets to decide how each child is educated.

First, it’s obvious that the objections to EFAs aren’t really about costs. Just consider the following scenario.

Imagine that legislators enacted a program that attracted 1,500 students out of private schools and homeschooling and into local public schools. That program would represent somewhere between $21 million and $32 million in increased cost to our public education system.

Does anyone believe that EFA opponents would object to this program because of the increased costs? Of course not. They would cheer the growth in public school enrollment.

The argument against EFAs is not about costs. It is about who gets to control education and education spending – parents or school districts.

As good as New Hampshire public schools are, not every child is successful in a traditional public school. EFAs let those students seek alternatives that work for them. That’s all.

Parents ought to have that option. Opponents know that most parents agree. So they try to attack the program by claiming it costs too much. It doesn’t. What’s really costly is limiting children’s futures by forcing them to stay in schools that don’t work for them.

In May, Foster’s Daily Democrat reported the exciting news that celebrity chef Bobby Marcotte planned to convert an abandoned Portsmouth gas station into a unique Asian-Spanish fusion restaurant. 

Portsmouth has a certain cachet, cultivated by its inhabitants as well as its government. One might think that a super-fashionable, high-concept restaurant helmed by a local celebrity chef would be just the sort of thing to sail through the city’s approval process.

One might also be unfamiliar with just how absurd local zoning restrictions can be.

On August 17th, the restaurant concept that was met with such fanfare in May was rejected by a 4-3 vote of the Zoning Board of Adjustment. The Portsmouth Herald report can be read here.

The reason for the rejection? 

To make the restaurant work, Marcotte needed the ability to seat up to 100 customers during warm weather. The current zoning caps restaurant capacity at 50. 

Larry Gormley, attorney for Marcotte and his business Partner Paul Simbilaris, explained that the converted space would seat 50 people inside year-round, with an additional 40-50 people outside on a new patio when weather permits. 

The capacity would be “up to 90 or 100 at peak in the appropriate season,” Gormley said.

Board member Beth Margeson objected, saying the additional seating would bring too much traffic and parking to the neighborhood.

Gormley pointed out that the restaurant is within walking distance of the city’s new parking garage, which is where restaurant employees will be required to park.

Gormely didn’t say, but might have added, that the location is 0.4 miles (less than a 10 minute walk) from TWO parking garages, including the city’s new, $26 million Foundry Place garage, which the city itself acknowledges is only half full on a daily basis.  

The city built that garage for the express purpose of enabling additional commercial activity in the city, given the relative scarcity of on-street parking. 

The city has had several meetings to try to figure out how to increase the five-story garage’s use, as it has remained well under capacity since it opened in 2018. 

And yet the Zoning Board of Adjustment continues to cite on-street parking as a reason to reject commercial development within a short walk of the multi-million-dollar taxpayer-funded garage. 

“We think we’re presenting an amenity for people to walk to and from the area,” Gormley explained. 

But a majority on the board couldn’t see that.

Some members fixated on the current zoning’s 50-seat capacity limit and the idea that an increase might have people parking on side streets when the patio is open. 

Gormley didn’t even win over any board members when he described this restaurant’s food as “Asian-infused tacos.”

Not a single board member leapt up and screamed, “ASIAN TACOS!!”

Which seems weird. Not ASIAN TACOS. Those seem delicious. It seems weird that no one stood up and screamed, “ASIAN TACOS!!”

Even weirder, four Zoning Board members willingly chose an abandoned gas station over… ASIAN TACOS.

Not all board members chose a vacant service station over tacos filled, presumably, with things like General Tso’s chicken or seafood tempura. 

Board member Arthur Parrott said the restaurant “will be a net gain to the neighborhood and the city as a whole because the one thing that’s clear to everybody is what’s there now is an eyesore and is long deserving of an improvement. Does a gas station belong there? No, but it’s there, and we have to deal with it.”

That’s precisely the choice the board had. It was either an abandoned gas station, or a 50-seat ASIAN TACO restaurant with an additional 40-50 seasonal patio seats. 

But the nays envisioned a third option — a magical Ideal Use that would perfectly fit the zoning ordinance and be commercially viable for the long term, but which, mysteriously, no one has proposed in all the years the ordinance has existed.

“I think this is just too much restaurant use,” Margeson said.  

She added later that the property is “just seemingly cursed or something, I don’t know.”

Explaining his yes vote, Parrott said he’s voted four times on proposals to convert the property to a better use, and yet it remains an eyesore gas station. 

Given that record, maybe the property is cursed. 

Maybe, just maybe, the curse is that city officials have dictated an extremely narrow range of approved uses for the property, none of which is economically viable under current market conditions.

A majority of the board imagines that on some glorious day, someone will appear before them and propose a use that is both profitable and consistent with the severe restrictions set by the city’s ordinance.

Until that day, however, they’ll ensure that the property remains an abandoned gas station.

What is an Education Freedom Account (EFA)?

An Education Freedom Account (EFA) is a government-approved savings account that can be used to pay for various educational expenses.  EFAs let families use their state per-pupil adequate education grant to purchase educational services outside of their assigned public school.  The grant amount will vary by student.  The average grant is estimated to be about $4,600 per student in the 2021-2022 school year.

Why Would I Want an EFA?

Not every child thrives in his or her assigned public school.  With an EFA, families can get help paying for an alternative education.  An EFA puts the family, rather than the school district, in charge of a child’s education dollars.  It allows families the freedom to choose the schooling option that works best for their children.

Who is Eligible for an EFA?

The eligibility requirements are fairly simple.  A New Hampshire resident who is eligible to enroll in a public K-12 school, and whose family earns no more than 300% of the federal poverty level, is eligible for an EFA.  School-age students who meet the income requirement can qualify for an EFA even if they are currently home-schooled enrolled in a private school.

The income eligibility (300% of the federal poverty level) breaks down as follows:

 

Household size Annual Income
2 $52,260
3 $65,880
4 $79,500
5 $93,120
6 $106,740

 

What Types of Education Expenses are Eligible for EFA Funding?

  • Private School Tuition
  • Community College Courses
  • Curriculum for homeschooling
  • Fees for national tests
  • Educational Therapies
  • School supplies
  • Tuition to another public school
  • And More! *Scroll to the bottom for a complete list of eligible expenses

How Can I Apply for an EFA?

Children’s Scholarship Fund NH administers the program. Apply through their website at https://nh.scholarshipfund.org/apply/nh-education-freedom-accounts/

How do I Use the EFA Money?

The state deposits money quarterly into the EFA. Children’s Scholarship Fund NH provides an online platform, Classwallet, that makes payments to education vendors or for other approved expenses (third party payment, similar to Pay Pal).

Where Can I Find More Info about EFAs?

 

Full list of qualifying EFA expenses:

(a)  Tuition and fees at a private school.

(b)  Tuition and fees for non-public online learning programs.

(c)  Tutoring services provided by an individual or a tutoring facility.

(d)  Services contracted for and provided by a district public school, chartered public school, public academy, or independent school, including, but not limited to, individual classes and curricular activities and programs.

(e)  Textbooks, curriculum, or other instructional materials, including, but not limited to, any supplemental materials or associated online instruction required by either a curriculum or an education service provider.

(f)  Computer hardware, Internet connectivity, or other technological services and devices, that are primarily used to help meet an EFA student’s educational needs.

(g)  Educational software and applications.

(h)  School uniforms.

(i)  Fees for nationally standardized assessments, advanced placement examinations, examinations related to college or university admission or awarding of credits and tuition and/or fees for preparatory courses for such exams.

(j)  Tuition and fees for summer education programs and specialized education programs.

(k)  Tuition, fees, instructional materials, and examination fees at a career or technical school.

(l)  Educational services and therapies, including, but not limited to, occupational, behavioral, physical, speech-language, and audiology therapies.

(m)  Tuition and fees at an institution of higher education.

(n)  Fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider.

(o)  Any other educational expense approved by the scholarship organization.

In the last decade, New Hampshire’s population grew at the slowest rate in a century, signaling that generations’ worth of astounding economic and cultural gains could be put at risk.

New Hampshire’s population grew by 4.5% from 2010-2020, the lowest growth rate since the state had 2.9% growth from 1910-1920. 

It marked the first time since 1920 that the state’s population growth rate has fallen below 5%.

The decline follows a 43% drop the previous decade and represents the fourth straight drop in population growth recorded by the Census. 

New Hampshire enjoyed double-digit population growth in each decade of the second half of the 20th century. But the rate began falling in the 1980s and has been in sharp decline since the 1990s.

2010-2020: 4.6%

2000-2010: 6.5%

1990-2000: 11.4%

1980-1990: 20.5%

1970-1980: 24.8%

1960-1970: 21.5%

1950-1960: 13.8%

Vermont’s population grew by just 2.8% in the last decade, down from 8.2% in the 1990s. New Hampshire is at risk of following Vermont’s path toward population stagnation. Both states already rely on immigration, rather than births, for population increase.

For decades, New Hampshire has prided itself on its pro-growth economic policies. Keeping taxes low and government small helped make our state the economic marvel of New England. Even without a large port or a cluster of elite research universities, we grew rapidly while states with better natural resources struggled. 

But New Hampshire’s focus on tax rates has left the economy vulnerable in other ares. As the state was chasing growth, local governments were trying to limit it.

Local governments have succeeded in choking off the state’s once robust population growth. That threatens the state’s economic future because the real secret to a vibrant economy is innovation, and innovation comes primarily through people sharing ideas.  

To simplify, it’s not the size of the population itself that matters as much as the size of the market. New Hampshire’s slower population growth is a problem because it is constraining the growth of the state’s economic marketplace.  

You just have to look at the help wanted signs posted everywhere to see the severity of the problem. 

“Larger markets induce more research and faster growth,” as economist Paul Romer put it.

New Hampshire has done a tremendous job stimulating increased market activity by focusing on pro-growth economic policies. But low taxes cannot be the sum of our pro-growth agenda. When creating the conditions for a vibrant marketplace, low taxes are just one factor. 

A vibrant market needs policies that allow innovation and investment, but it also needs people to do the innovating and investing. 

Local regulations that severely restrict the construction of new housing are not the only factor contributing to the state’s lower population growth, but they have played a significant role.  

Using U.S. Census data, we calculated the growth in housing units in New Hampshire in each decade going back to 1940. You can see the huge drop starting in the 1990s. 

2010-2020: 3.9%

2000-2010: 12.4%

1990-2000: 8.6%

1980-1990: 30.4%

1970-1980: 37.5%

1960-1970: 25.2%

1950-1960: 17.7%

1940-1950: 20.5%

Until the 1990s, the growth in the number of housing units was larger than the state’s population growth. In two of the last three decades, the population growth has been larger than the growth in home construction. 

That has produced a huge shortage of housing. The housing shortage is not only driving up home prices and rents. It’s constraining population growth. 

This housing shortage is reducing the supply of available workers, which is hurting the very businesses that legislators have worked so hard to help. (See all the help wanted signs.)

It’s also constraining the growth of the state’s economic market. It doesn’t do much good to help a business create a new job if, with the other hand, you make sure there’s no one around to fill the job.  

In the long run, the local regulations that have created a de facto cap on population growth will work against the tax cuts and regulatory reforms that brought us the tremendous growth of the last 70 years. 

Policymakers need to understand that creating a vibrant, innovative marketplace requires more than just keeping taxes and spending low. Artificially limiting the number of market participants shrinks the market and hurts the whole state.  

When the COVID-19 pandemic hit New Hampshire last year, it’s unlikely that even the cleverest among us thought, “You know, this is going to turn people against local housing ordinances.”

Yet here we are in the summer of 2021, and housing is tied with COVID as the No. 2 concern of Granite Staters, according to a July University of New Hampshire poll. 

Granite Staters are most concerned about “jobs and the economy,” with 26% naming it their top concern, according to the July 26th poll. Ten percent of respondents cited “housing” as their top concern, tying it with COVID-19 for second place. 

That’s a five-fold increase from last July, when 2% of respondents named housing as their No. 1 concern. 

Surely this is related to the huge spike in home and rental prices that has made finding a place to live in New Hampshire feel like a Mad Max-style battle for a vanishingly scarce resource. 

Granite Staters aren’t quite donning leather outfits and fighting each other with home-made weapons over apartments and houses. Yet. But the stories from the real estate front lines aren’t pretty. Bidding wars have priced all but the best-financed families almost entirely out of the home and rental markets. 

Old timers tell stories of bygone days when high school graduates could get an apartment soon after landing their first job, and homes could be bought by people who didn’t own yachts and condos in Barbados. 

Children shake their heads, refusing to believe that such a Shangri-La ever existed. 

“Tell me, grandfather, of the time you rented an apartment without having to sell an organ on the black market.”

But the numbers don’t lie. As we noted last month, the median rent for a two-bedroom apartment has gone up 24% in the past five years. The median home price in New Hampshire just surpassed $400,000.

The record rise in home prices and rents has left people feeling helpless, frustrated and angry. They’re watching their housing dreams evaporate before their eyes, and they know something is wrong. They might not know what, but they sense that this wouldn’t happen in a normal market.

And they’re right. The COVID-fueled surge in demand has collided with a NIMBY-fueled housing shortage. The result has been record price increases that the market can’t correct because the numerous local ordinances that caused the shortage remain in place.

For a recently reported example, see the excellent New Hampshire Sunday News story on some of the cases taken up by the new Housing Appeals Board. 

A Francestown couple wanted to subdivide some of their own property so their children could build homes on it and all of them could live together on the family land. People have been doing this in New Hampshire since colonial times. But the town refused to approve the changes. 

The family took the case to the Housing Appeals Board, which ruled in their favor in three months. A similar case took about 20 months to go through the court system. 

Stories like this are common, and they raise serious questions about the way we regulate housing in the “Live free or die” state. When you can’t even build a home for your own children on your own land, is it really your land anymore? 

Towns increasingly act like all land belongs to the community, not to the property owners. In the Francestown case, officials wouldn’t approve the family’s proposal in part because the officials thought the land would look better with more trees. They demanded the family replace trees that had been previously — and legally — cut. 

This kind of regulatory overreach is how the state wound up with a housing shortage.

Things are so bad that housingmight be at the point where Stein’s Law kicks in. 

“If something cannot go on forever, it won’t,” economist Herb Stein mused. Housing prices cannot rise forever. At some point, people will demand solutions. We seem close to that point.

Our poll in May found that people are willing to relax local housing regulations in exchange for lower prices. A majority (51%-29%) support relaxing local regulations so developers can build more rental housing, and a plurality (45%-34%) support relaxing local regulations so developers can build more homes. 

The pandemic has exposed numerous unnecessary and harmful regulations, from prohibitions on telemedicine to bans on sidewalk dining. Local anti-housing ordinances can be added to the list. 

People want more housing, and rolling back bad ordinances is the way to get it. The only question is, who will have the political will to push for changes?  

At the start of the COVID-19 shutdown last spring, restaurant customers wanted to order beer and wine with their delivery dinners. There was just one problem. That was illegal.

New Hampshire’s alcohol laws reserved beer and wine delivery exclusively for other types of businesses. This was such an obvious financial challenge for restaurants during the shutdown that fixing it became a top priority. 

Relief came on March 18 when the governor issued Emergency Order 6, which let restaurants include beer and wine with food deliveries. 

In the months that followed, no spike in alcohol problems was traced to these beer and wine deliveries. They proved so safe that during a February 16 public hearing on Senate Bill 66, a bill to make the change permanent, the New Hampshire Liquor Commission testified in favor. 

With the support of the Liquor Commission, SB 66 passed and was signed into law on July 9.

The absence of any public health fallout from relaxing the ban raised an obvious question. Why did this prohibition exist in the first place?

As with so many business regulations, the state’s ban on restaurant alcohol delivery had nothing to do with public health or safety. It was part of a post-Prohibition alcohol distribution system crafted by legislators, regulators and businesses. The system’s rigid categories limit competition and confer cartel-like status on certain industries.

Under the new law, you can order beer or wine from a restaurant, but only with food. Why only with food? 

In New Hampshire, delivering alcohol by itself has long been reserved for groceries and convenience stores. They can deliver beer and wine to customers in unlimited quantities, so the ban obviously is not a public health issue. 

The prohibition resides in RSA 179:15, which allows liquor license holders to “transport and deliver anywhere in the state such beverages and wines ordered from and sold by them….” All liquor license holders “except on-premises licensees,” that is.

During the Feb. 16 public hearing, the New England Convenience Store & Energy Marketers Association testified against SB 66, arguing that it would “unnecessarily expand existing licensing categories.”

That comment shows the problem with the laws. The legal presumption is that the categories are natural and any change is unnecessary. In reality, the categories are both unnatural and unnecessary. 

Consumers just want wine with their delivery dinner. Making them order dinner from the restaurant and wine from the supermarket never made sense. 

Though restaurants now can deliver beer and wine, some nonsensical restrictions remain. The order must include food, and the beverages “shall be transported in their original, manufactured, sealed containers and shall consist of no greater than 192 ounces of malt beverage or 1.5 liters of sparkling or still wine.”

And if you want to order your favorite restaurant’s signature cocktail to go, well, you’re in the wrong state. New Hampshire is the only New England state not to allow cocktail delivery during or after the pandemic. 

An amendment proposed by Sen. Kevin Cavanaugh, D-Manchester, to allow cocktail delivery did not survive. 

It should not have taken a global pandemic to legalize restaurant delivery of beer and wine, just as it should not have taken a global pandemic to allow the practice of telemedicine or the decriminalization of home haircuts. 

But regulatory regimes are incredibly hard to fix because so many people and organizations have vested interests in perpetuating them. 

And with so few media outlets covering regulatory issues, consumers have no idea that the reason they couldn’t get a beer with their delivery burger was because lawmakers thought people should be forced to give that business to retail stores, not to restaurants, no matter how costly or inconvenient that might be.

The good news for consumers is that this dumb regulation is dumped. The bad news is that many others remain.