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OLR Bill Analysis
sHB 6107
AN ACT CONCERNING THE REORGANIZATION OF THE ZONING
ENABLING ACT AND THE PROMOTION OF MUNICIPAL
COMPLIANCE.
SUMMARY
This bill reorganizes the municipal zoning powers statute (CGS § 8-
2) and, for municipalities exercising zoning powers under this statute,
it:
1. requires their regulations to provide for, rather than encourage,
a variety of housing development opportunities to meet local
and regional needs;
2. requires their regulations to be designed to affirmatively further
the purposes of the Federal Fair Housing Act;
3. eliminates a requirement that their regulations be made with
reasonable consideration as to the “character” of a district; and
4. prohibits their regulations from imposing on mobile
manufactured homes and associated lots conditions that are
substantially different from those imposed on other residential
developments.
The bill requires all municipalities that exercise zoning powers to
demonstrate to the Office of Policy and Management (OPM) that their
regulations provide varied housing development opportunities and
promote housing choice and economic diversity in housing.
The bill also (1) requires municipalities to comply with existing
law’s affordable housing planning requirement by June 1, 2022, (2)
establishes additional related reporting requirements, and (3) requires
the OPM secretary to convene a 13-member working group to study
incentivizing and measuring compliance with (a) the affordable 2021HB-06107-R000541-BA.DOCX
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housing planning requirement and (b) zoning requirements related to
housing choice.
Lastly, the bill makes minor, technical, and conforming changes.
EFFECTIVE DATE: July 1, 2021
AFFORDABLE HOUSING P LANNING REQUIREMENT
Existing law requires every municipality, at least once every five
years, to prepare or amend and adopt an affordable housing plan
specifying how the municipality will increase the number of affordable
housing developments in its jurisdiction. The bill specifies that
municipalities must prepare and adopt their first plans by June 1, 2022.
The bill also requires municipalities to post their draft plan or updates
online, even if they do not hold a public hearing on the draft plan or
updates.
By June 1, 2022, the bill requires the OPM secretary, in consultation
with the working group described below, to provide guidance to
municipalities on demonstrating compliance with the affordable
housing plan requirement. It requires municipalities to demonstrate
compliance, as OPM prescribes, beginning June 1, 2023. If OPM does
not prepare the guidance by June 1, 2022, the deadline for
municipalities to begin demonstrating compliance with the law’s
provisions is extended by the length of the delay. Under the bill,
municipalities must adopt their first plan by the same date that OPM’s
guidance is due.
The bill requires municipalities to submit their plans and evidence
of compliance to OPM for posting on its website. Under current law, if
a municipality does not comply with plan amendment deadlines, it
must submit a letter to the housing commissioner explaining why. The
bill instead requires them to submit the letter to OPM and, in
providing this explanation, specify a date by which the plan will be
amended.
The bill also authorizes municipalities to submit their affordable
housing plans as part of their local plan of conservation and 2021HB-06107-R000541-BA.DOCX
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development (POCD). Those doing so may submit their affordable
housing plan early in order to coincide with a POCD submission, as
long as their next submission is five years later. (POCDs are due only
every 10 years.)
MUNICIPAL ZONING WORKING GROUP
The bill requires the OPM secretary or her designee to convene and
chair a 13-member working group to develop guidelines and
incentives for municipalities to comply with (1) the affordable housing
planning requirement (see above) and (2) the requirements that
municipal zoning regulations:
1. provide for a variety of housing development opportunities that
meet state and local needs, as the bill requires (see “Housing
Development Opportunities,” below), and
2. promote housing choice and economic diversity in housing,
including housing for low- and moderate-income households.
The working group must examine (1) how to determine compliance
with these requirements and (2) the form and manner in which
municipalities must provide evidence of compliance. It must make its
recommendation to the OPM secretary by December 1, 2021. The
secretary must submit a report, by March 1, 2022, to the Housing and
Planning and Development committees on the working group’s
recommendations, including any recommended legislation.
Membership
The OPM secretary, in consultation with the housing commissioner,
must appoint the following working group members by August 30,
2021:
1. two with expertise in fair housing issues;
2. two with expertise in state or local planning;
3. two who represent municipal advocacy organizations, one each
from the Connecticut Conference of Municipalities and the 2021HB-06107-R000541-BA.DOCX
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Connecticut Council of Small Towns;
4. one with expertise in addressing homelessness in Connecticut;
5. one with expertise in state affordable housing policy;
6. one with expertise in the residential housing construction trade;
7. one who represents the Connecticut Association of Zoning
Enforcement Officials;
8. one attorney with expertise in zoning practices that promote
creating affordable housing opportunities; and
9. the housing commissioner and OPM secretary, or their
designees.
REQUIREMENTS FOR MUN ICIPALITIES THAT EXERCISE ZONING
POWERS THROUGH A COM MISSION
Housing Opportunities
Beginning June 1, 2023, the bill requires municipalities with a
zoning commission or combined planning and zoning commission to
demonstrate to the OPM secretary, at least once every five years, that
their regulations:
1. provide for a variety of housing development opportunities that
meet state and local needs, as the bill requires (see “Housing
Development Opportunities,” below), and
2. promote housing choice and economic diversity in housing,
including housing for low- and moderate-income households.
(It is unclear how this requirement will apply to municipalities with
zoning regulations adopted under a special act, rather than CGS § 8-2,
as they are not specifically subjected to these requirements by their
zoning-enabling legislation.)
The OPM secretary must prescribe the form and manner of showing
compliance after consulting the municipal zoning working group
established by the bill (see above). The commissioner must provide 2021HB-06107-R000541-BA.DOCX
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this guidance to municipalities by June 1, 2022.
REQUIREMENTS FOR MUN ICIPALITIES THAT ZONE UNDER THE
STATUTES (CGS § 8-2)
Housing Development Opportunities
The bill requires zoning regulations adopted pursuant to CGS § 8-2
to provide for, rather than encourage, the development of:
1. housing opportunities for all residents of the municipality and
local planning region, including opportunities for multifamily
dwellings, consistent with soil types, terrain, and infrastructure
capacity, and
2. housing that meets the needs identified in the state’s
Consolidated Plan for Housing and Community Development
and Plan of Conservation and Development.
Manufactured Homes
The bill prohibits zoning regulations adopted pursuant to CGS § 8-2
from imposing on manufactured homes, including mobile homes, built
to federal standards and with a narrowest dimension of 22 feet or
more, and associated lots and parks, conditions that are substantially
different from those imposed on:
1. single family dwellings and associated lots;
2. multifamily dwellings; or
3. lots with multifamily dwellings, cluster developments, or
planned unit developments.
Under current law, (1) manufactured homes and lots cannot be
treated substantially differently from single family dwellings and lots
with single family dwellings and (2) manufactured home
developments cannot be treated substantially differently from
multifamily dwellings or lots with multifamily dwellings, cluster
developments, or planned unit developments. The bill removes
references to manufactured home developments. 2021HB-06107-R000541-BA.DOCX
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BACKGROUND
Related Bill
sSB 87 (File 181), favorably reported by the Housing Committee,
makes many of the same technical changes to the Zoning Enabling Act
and also prohibits regulations from (1) treating licensed group child
care homes located in a residence differently than single or multifamily
properties and (2) requiring a special permit or exception to operate
either a family or group child care home located in a residence within a
residential zone.
sSB 1024, favorably reported by the Planning and Development
Committee, makes many of the same changes to the Zoning Enabling
Act, but makes numerous other changes as well (e.g., allowing for the
amortization of nonconforming uses and prohibiting minimum floor
area requirements beyond those imposed by the health code).
sHB 6570, favorably reported by the Transportation Committee,
similarly requires municipalities to adopt their first affordable housing
plan by July 1, 2022, but also requires their plans to identify all parcels
in the municipality that are state- or municipally-owned and are
located within a half-mile radius of a passenger rail or bus rapid transit
station.
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute
Yea 17 Nay 9 (03/31/2021)