Researcher: JSB Page 1 4/7/21
OLR Bill Analysis
SB 970
AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION
OF CERTAIN LAND USE PERMITS.
SUMMARY
This bill gives developers more time to complete an ongoing project
without seeking reapproval. It does so by extending the initial and
extended deadlines for completing projects that require certain
subdivision, wetlands, or site plan approval. The bill applies to
approvals that were (1) granted on or after July 1, 2011, but before the
bill’s passage, and (2) unexpired on March 10, 2020. The bill does not
apply to site plan approvals for large-scale housing or business
development projects.
When a planning or zoning commission, combined planning and
zoning commission, or an inland wetlands agency approves a project,
it must set an expiration date that falls within the timeframes the law
specifies. Consequently, a developer must complete the project before
that date or resubmit it to the local commission or agency for
approval. Generally, under current law, the maximum timeframe,
including extensions if permitted, is 10 years from the date of
approval. Under the bill, it is 11 years.
Executive Order (EO) 7JJ, § 3, issued on May 6, 2020, and
subsequently extended, generally tolls the expiration dates for various
land use approvals that were valid on March 10, 2020 (including site
plan, wetlands, and subdivision approvals), thus pausing these
approvals so they will not expire during the declared emergencies. It
is unclear what impact the bill has on approvals that are tolled by the
EO.
EFFECTIVE DATE: Upon passage
PROJECT COMPLETION D EADLINES 2021SB-00970-R000321-BA.DOCX
Researcher: JSB Page 2 4/7/21
The bill generally extends the initial and extended expiration
deadlines that apply to subdivision, wetlands, and relatively small-
scale site plans approvals that were (1) granted on or after July 1, 2011,
but before the bill’s passage and (2) unexpired on March 10,
2020. Table 1, below, shows these changes.
Table 1: Deadlines and Extensions Under Current Law and the Bill
Land Use Approval
(CGS §)
Current Law Bill
Residential site plans for projects
with 400 or more units
(§ 8-3(j))
Deadline: 10 years after approval No change
No extensions
Business site plans for projects
with at least 400,000 square feet
(§ 8-3(j))
Deadline: 5-10 years after approval
(set locally)
No change
Extension: up to 10 years from
approval
Other site plans
(§ 8-3(i))
Deadline: 5 years after approval At least 6
years after
approval
Extension: up to 10 years from
approval
Up to 11
years from
approval
Subdivisions plans for 400 or
more dwelling units
(§ 8-26g)
Deadline: 10 years after approval 11 years after
approval
No extensions No change
Other subdivisions
(§ 8-26c(a)&(b))
Deadline: 5 years after approval At least 6
years after
approval
Extension: up to 10 years from
approval
Up to 11
years from
approval 2021SB-00970-R000321-BA.DOCX
Researcher: JSB Page 3 4/7/21
Wetlands permits associated with
another approval (e.g., site plans
and subdivisions)
(§ 22a-42a(d)(2))
Deadline: 10 years after approval or
the date the associated land use
approval expires (whichever is earlier)
At least 6
years from
approval
Extension: up to 10 years from
approval
Up to 11
years from
approval
Other wetlands
(§ 22a-42a(d)(2))
Deadline: 2-5 years after approval
(set locally)
At least 6
years after
approval
Extension: up to 10 years from
approval
Up to 11
years from
approval
BACKGROUND
Related Executive Order
Under EO 7JJ, the expiration date of various land use approvals is
tolled during the declared emergencies (§ 3, issued on May 6, 2020,
and subsequently extended). The tolling provision applies only if the
approval-holder was not in violation of the approval’s conditions on
March 10, 2020, and does not violate them during the declared
emergencies (a waiver of this requirement is available).
Related Bill
sHB 6541, favorably reported by the Planning and Development
Committee, for permits issued on or after July 1, 2021, delays the
effective date of municipal inland wetlands permits to coincide with
the effective period of related local land use approvals (e.g., special
permits, zoning variances, site plans, subdivision plans).
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 26 Nay 0 (03/21/2021)