This memo answers the remaining questions your constituent asked you about the statute under which towns can exempt themselves from their zoning regulations. (OLR Report 2002-R-00535 answered the other questions on this subject. ) The questions were:

1. How many towns have exempted themselves from zoning regulations?

2. How many have rescinded their exemption?

3. How much have non-exempted towns spent on legal fees defending decisions regarding town projects?

An informal survey of 33 towns found that five exempted themselves from zoning (Attachment 1). We did the survey by posting the above-stated questions on the Listserve maintained by the Connecticut Chapter of the American Planning Association (http: //www. ccapa. org/). We received 14 responses conveying information on 21 towns. Most of the respondents were town planners. We supplemented this survey by contacting planning offices in 12 towns with populations between 20,000 and 30,000 people.

The towns that exempt themselves from zoning are East Granby, Enfield, Kent, Newington, and Somers. Although exempted, East Granby and Newington submit proposed town projects to their planning and zoning commissions for review and comment. Enfield's legislative body exempted the town projects from zoning approval in November 2001 after the planning and zoning commission denied approval for a proposed school project.

Windham does not exempt itself from zoning, but its zoning regulations designate municipal uses as permitted, as of right uses. This designation still requires it to seek zoning approval, but the approval is based strictly on whether the project complies with the applicable zoning regulations.

South Windsor's legislative body considered but did not exempt town projects from zoning after the planning and zoning commission rejected a proposed town project. But the council decided not to adopt the exemption after residents opposed it.

None of the remaining 28 towns reported having rescinded a prior exemption. We contacted nine of them to learn if proposed town projects are typically opposed by residents or denied approval by their planning and zoning commissions. Most reported no problems. Cheshire noted that major projects are approved in referenda before they come before the planning and zoning commissions. Some commented that towns should be held to the same standards as private developers.

Two towns reported litigation triggered by proposed town projects. Enfield appealed the planning and zoning commission's denial of a proposed school and is currently negotiating an agreement under which the legislative body would retain jurisdiction over the project until it receives a certificate of occupancy and the commission would regain jurisdiction over other projects. The legal costs are not readily available. New London is also facing litigation, but the issues are different. The city is being challenged because it took land by eminent domain for economic development purposes.

ATTACHMENT 1: LIST OF SURVEYED TOWNS THAT HAVE EXEMPTED THEMSELVES FOR ZONING

Town	Exempted from Zoning
	Yes	No
Barkhamstead		X
Beacon Falls		X
Branford		X
Canton		X
Cheshire		X
East Granby (1)	X
East Hampton		X
East Windsor		X
Enfield	X
Farmington		X
Goshen		X
Kent	X
Killingly		X
Litchfield		X
Manchester		X
Mansfield		X
Naugatuck		X
New London		X
Newington	X
Newtown		X
North Haven		X
Old Saybrook		X
Ridgefield		X
Rocky Hill		X
Somers	X
South Windsor (2)		X
Torrington		X
Warren		X
Washington		X
Watertown		X
Wethersfield		X
Windham (3)		X
Windsor		X

1. East Granby has exempted itself from zoning but still submits proposed projects to the planning and zoning commission for comment.

2. South Windsor council considered, but did not exempt town land from zoning after the planning and zoning commission did not approve a town project.

3. Town uses are permitted, "as of right uses. "

JR: ts