OLR Bill Analysis

sHB 5254 (as amended by House “A”)*

AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.

SUMMARY:

This bill gives developers more time to complete ongoing projects. It does so by resetting the statutory deadlines planning and zoning commissions and inland wetland agencies may impose on projects they approved between July 1, 2006, and July 1, 2009, inclusive. The deadlines currently range from within two to five years for wetlands projects to 10 years for large-scale residential and commercial projects. In some cases, current law allows the commissions and agencies to extend the deadlines for up to 10 years from a project's approval date.

The bill's deadlines apply to all projects except large-scale residential and commercial projects approved under a site plan review. The new deadlines range from six to 11 years after a project's approval date. In some cases, the bill allows zoning and planning commissions to extend six-year deadlines to 11 years after the project's approval. The extensions do not apply for large-scale housing and business development projects approved under a site plan review. The bill also allows wetlands agencies to extend a permit's expiration date for up to 11 years.

*House Amendment “A” narrows the range of projects subject to the bill's deadlines to those approved between July 1, 2006 and July 1, 2009. Under the original version of the bill, the deadlines applied to projects approved on or before July 1, 2009.

EFFECTIVE DATE: Upon passage

PROJECT COMPLETION DEADLINES

The bill resets the initial and extended deadlines that apply to subdivisions, wetlands permits, and relatively small-scale site plans that were approved between July 1, 2006, and July 1, 2009, inclusive. It does not affect projects with approval dates outside this timeframe. The table below highlights this change.

Deadlines and Extensions under Current Law and the Bill for Projects Approved between July 1, 2006 and July 1, 2009

Deadlines

Land Use Approval

Current Law (CGS )

Bill ()

Residential site plans for projects with 400 or more units

Within 10 years after approval (CGS 8-3 (j))

No change

Business site plans for projects with at least 400,000 square feet

Between five and 10 years after approval (CGS 8-3 (j))

No change

Other site plans

Within five years of approval (CGS 8-3 (i))

Not less than six years after approval ( 1)

Subdivisions plans for 400 or more dwelling units

Within 10 years of approval (CGS 8-26g)

11 years after approval ( 4)

Other subdivisions

Within five years of approval (CGS 8-26c (a))

Within six years of approval ( 2)

Wetlands permits for site plans and subdivisions

Permit expires five years after approval (CGS 22a-42a (d)(2))

Permits expire within six years of approval ( 4)

Other wetlands

Permit expires between two and five years after approval permits (CGS 22a-42a (d)(2))

Extensions

Land Use Approval

Current Law

Bill

Residential site plans for projects with 400 or more units

No extensions (CGS 8-3 (j))

No change

Business site plans for projects with at least 400,000 square feet

Up to 10 years from approval if the initial deadline was less than 10 years (CGS 8-3 (j))

No change

Other site plans

Up to 10 years from approval (CGS 8-3 (i))

Up to 11 years from approval ( 1)

Subdivision plans for 400 or more dwelling units

No extensions (CGS 8-26g)

No change

Other subdivisions

Up to 10 years from approval (CGS 8-26c (b))

Up to 11 years from approval ( 2)

Wetlands permits for site plans and subdivisions

Permit expiration date may be extended up to 10 years from approval (CGS 22a-42a (d)(2))

Permit expiration date may be extended up to 11 years from approval ( 3)

Other wetlands permits

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable Substitute

Yea

18

Nay

0

(03/13/2009)

Environment Committee

Joint Favorable

Yea

21

Nay

4

(04/14/2009)