125-R:7 Municipal Authority. –
Nothing in this chapter shall be construed to limit the authority of a municipality or the department of health and human services to prevent and remove nuisances and protect public health in accordance with RSA 147, or of a municipality to adopt and enforce land use ordinances and regulations pursuant to RSA 674 and 675 relative to OWHHs, including but not limited to provisions relative to setbacks and stack heights that are more restrictive than RSA 125-R:3, prohibiting the installation of OWHHs in one or more zoning districts, or requiring in one or more zoning districts the installation of lower emitting versions of OWHHs that have been certified or qualified under this chapter. A municipality shall not establish quantifiable emission limits, require testing, monitoring, or certification, or specify the types of fuels used. In exercising its authority under this section, a municipality shall not unreasonably limit the installation of or hinder the operation of OWHHs.