New HampshireGoverning bodies can issue time-limited orders barring people from public property
Starting October 18, 2026, governing bodies may issue emergency orders for public property, and people covered by an order may request a hearing and appeal.
What it does
A governing body or its designee may issue an emergency order to make someone leave or stay off named public property when immediate action is reasonably needed to protect safety, government work, or property.
To continue an order beyond its initial period, the governing body must approve it by roll-call vote, and the order may last no more than one year.
People who receive an order may ask for a hearing and appeal the final decision to court; if the hearing is late for a reason they did not cause, the order is canceled.
Within 90 days after the rules take effect, governing bodies must review existing orders and reissue or cancel them; orders left untouched become void.
Argument forWritten reasons and a chance to challenge an order could help people correct orders they believe were issued unfairly.
Argument againstAn emergency order takes effect at once, so someone may have to leave public property before they can challenge it at a hearing.
More detail
A governing body or its designee may issue an emergency no trespass order directing someone to leave or stay off named public property. The order applies only to the specific public property named in it. Immediate action must be reasonably necessary to protect public safety, prevent substantial disruption to government work, or prevent damage to public property. The order must be written, name the property, give its reason and start and end times, and tell the person they may request a hearing. The order takes effect at once and expires no later than 35 days after it is issued unless approved to continue.
A governing body may continue an order beyond its initial period by approving it in a roll-call vote. These rules cover no trespass orders issued against people for specified public property. The vote must be at a properly noticed public meeting. A nonpublic session may be used if state law permits it and the person subject to the order asks for one. The order must explain its reason and duration, give hearing request instructions, and state the right to appeal an adverse decision to superior court. An order's stated duration may not exceed one year.
A person may request a hearing in writing and appeal the governing body's final decision to superior court. This applies to a person who receives an order under these rules. The person must request a hearing within 10 days after the order is issued or approved. The governing body must hold the hearing at its next regular meeting. If it misses that deadline, the order is canceled unless the person requesting the hearing caused the delay. After the hearing, the governing body must issue a written decision to cancel, change, or continue the order. A court appeal must be filed within 30 days after the written decision.
The governing body must review existing orders and reissue or cancel them under these rules. The review covers all no trespass orders in effect when this section takes effect. An order not acted on during the review period becomes void. The review period begins October 18, 2026, when the rest of the act takes effect.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 20Enacted in accordance with Article 44 PartII of the N.H. Constitution without the signature of the governor. Chapter 339;eff.I. Sec 2 eff 1/1/27 II. Sec 3 eff 1/1/27 III. Rem eff 1/1/28Became Law
- Aug 19Notwithstanding the Governor's Veto, Shall HB 1184 Become Law: RC 24Y-0N, Veto Overridden by necessary two-thirds vote; 08/19/2026; SJ 15
- Vote recorded Veto Override. Result: pass.Lower
- Vote recorded VETO MESSAGE - Roll Call Required. Result: pass.Upper
- Aug 19Veto Overridden 08/19/2026: RC 290-29 by Required Two-Thirds Vote HJ 16 P. 23
- Jul 16Vetoed by Governor Kelly Ayotte Ayotte 07/10/2026Major
- Jul 1Enrolled (in recess of) 06/04/2026 HJ 15 P. 56To Governor
- Jun 30Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15Minor
- Jun 4Conference Committee Report 2026-2078c: Adopted, VV 06/04/2026 HJ 15 P. 12
- Jun 4Conference Committee Report # 2026-2078c, Adopted, VV; 06/04/2026; SJ 14
- May 28Conference Committee Report Filed, # 2026-2078c; 06/04/2026
- May 26Conference Committee Meeting: 05/26/2026 02:00 pm GP 230
- May 20President Appoints: Senators Gray, Lang, Altschiller; (In Recess 05/14/2026); SJ 13
- May 20Sen. Gray Accedes to House Request for Committee of Conference, MA, VV; (In recess 05/14/2026); SJ 13
- May 14Speaker Appoints: Reps. Pauer, Rhodes, Harvey-Bolia, Maggiore 05/14/2026 HJ 13 P. 150
- May 14House Non-Concurs with Senate Amendment 2026-1738s and Requests CofC (Rep. Pauer): MA VV 05/14/2026 HJ 13 P. 150
- May 7Ought to Pass with Amendment # 2026-1738s, MA, VV; OT3rdg; 05/07/2026; SJ 11Passed Senate
- May 7Committee Amendment # 2026-1738s, AA, VV; 05/07/2026; SJ 11
- Apr 29Committee Report: Ought to Pass with Amendment # 2026-1738s, 05/07/2026; Vote 3-1; CC; SC 17Minor
- Apr 15Hearing: 04/21/2026, Room 122-123, SH, 09:30 am; SC 15
- Mar 17Introduced 03/12/2026 and Referred to Election Law and Municipal Affairs; SJ 7Minor
- Mar 12Ought to Pass with Amendment 2026-0756h and 2026-1089h: MA VV 03/12/2026 HJ 8 P. 33Passed House
- Mar 12FLAM # 2026-1089h (Rep. Pauer): AA VV 03/12/2026 HJ 8 P. 32
- Mar 12Amendment # 2026-0756h: AA VV 03/12/2026 HJ 8 P. 31
- Mar 4Committee Report: Ought to Pass with Amendment # 2026-0756h 03/03/2026 (Vote 18-0; RC) HC 10 P. 65Minor
- Feb 18==CONTINUED== Executive Session: 03/03/2026 10:30 am GP 154
- Feb 11==RECESSED== Executive Session: 02/17/2026 09:00 am GP 154
- Jan 21Public Hearing: 01/27/2026 09:55 am GP 154
- 2025
- Dec 1Introduced 01/07/2026 and referred to Municipal and County Government HJ 1 P. 9Introduced
Public SafetyCriminal Justice