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OLR Bill Analysis
SB 970 (File 321, as amended by Senate Amendment “A”)*
AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION
OF CERTAIN LAND USE PERMITS.
SUMMARY
This bill gives developers more time to complete certain ongoing
projects without seeking reapproval from local land use boards,
commissions, or agencies. It applies only to approvals and permits that
were (1) granted on or after July 1, 2011, but before the bill’s passage,
and (2) unexpired on March 10, 2020.
Specifically, the bill extends the initial and extended statutory
deadlines for completing projects that require certain subdivision,
wetlands, or site plan approval. Generally, under the bill, these
approvals are valid for at least 14 years and up to 19 years.
The bill’s 14- and 19-year completion timeframes also apply to site
plan and subdivision approvals and other permits (other than special
permits or exceptions) granted by a zoning commission, planning
commission, combined planning and zoning commission, zoning
board of appeals, or inland wetlands agency exercising land use
powers under a special act.
The bill establishes a minimum amount of time, 19 years, a
developer has to complete work related to a special permit or special
exception, regardless of a locally set deadline. This 19-year minimum
applies to approvals granted by municipalities exercising land use
powers under the statutes or a special act.
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, subdivision, and special permit approvals), thus
pausing these approvals so they will not expire during the declared 2021SB-00970-R01-BA.DOCX
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emergencies.
EFFECTIVE DATE: Upon passage
*Senate Amendment “A” (1) extends the underlying bill’s initial and
extended completion deadlines; (2) gives developers at least 19 years
to finish work for which a special permit or exception was required;
and (3) applies the amended bill’s provisions to approvals granted by a
municipality exercising land use powers under a special act.
SPECIAL PERMIT OR EX CEPTION PROJECT COMP LETION
DEADLINES
The bill establishes a minimum validity period for special permit or
exception approvals (1) granted on or after July 1, 2011, but before the
bill’s passage; (2) that were unexpired on March 10, 2020; and (3) that
specified a deadline by which all work in connection with the approval
must be completed. Under the bill, these approvals are valid for a
minimum of 19 years after the approval is granted. Existing statutes do
not impose any minimum validity periods for these approvals (see
BACKGROUND) .
The bill specifies that (1) the applicable land use board, commission,
or agency may extend these approvals beyond 19 years and (2) this
minimum 19-year validity period applies to special permits or
exceptions approved by a municipality exercising land use powers
under the statutes or a special act.
OTHER PROJECT COMPLETION D EADLINES
Municipalities Exercising Authority Under the Statutes
When a planning or zoning commission, combined planning and
zoning commission, or an inland wetlands agency operating under the
statutes 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, except for large residential 2021SB-00970-R01-BA.DOCX
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subdivisions, the initial deadline must be at least 14 years after
approval and the extended deadline cannot be more than 19 years after
approval. Large residential subdivision approvals are valid for 19
years.
Table 1, below, shows the current and extended deadlines that
apply to subdivision, wetlands, and site plans approvals granted by
municipalities operating under the statutes.
Table 1: Statutory 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 14
years after
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval
Subdivisions plans for 400 or
more dwelling units
(§ 8-26g)
Deadline: 10 years after approval 19 years after
approval
No extensions No change
Other subdivisions
(§ 8-26c(a)&(b))
Deadline: 5 years after approval At least 14
years after
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval
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 14
years from
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval 2021SB-00970-R01-BA.DOCX
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Other wetlands
(§ 22a-42a(d)(2))
Deadline: 2-5 years after approval
(set locally)
At least 14
years after
approval
Extension: up to 10 years from
approval
Up to 19 years
from approval
Municipalities Exercising Authority Under a Special Act
The bill sets a minimum approval duration of 14 years for site plan
and subdivision approvals and other permits (except special permits
or exceptions, see above) granted by a zoning commission, planning
commission, combined planning and zoning commission, zoning
board of appeals, or inland wetlands agency exercising land use
powers under a special act.
The bill specifies that local boards or agencies may approve
extensions, but caps the total duration of an approval, including
extensions, at 19 years (except special permits or exceptions, see
above). The 14- and 19-year timeframes are calculated based on the
initial approval date and apply regardless of conflicting special acts or
approval conditions.
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 Bills
sHB 6531, as amended by House “A” (File 685), extends the initial
and extended deadlines for completing projects approved before July
1, 2011, that require certain subdivision, wetlands, or site plan
approval.
sHB 6541, favorably reported by the Planning and Development 2021SB-00970-R01-BA.DOCX
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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).
Special Permits and Exceptions and Related Caselaw
“Special permit” and “special exception” are synonymous. The
designated local land use agency may grant special permits or
exceptions pursuant to the Zoning Enabling Act (CGS § 8-2) or a
special act, as applicable. Special permits and exceptions allow one to
use a property in a manner explicitly permitted by the zoning
regulations, but subject to conditions not applicable to other uses in the
same district. The rationale for special permits and exceptions is that
while certain land uses may be generally compatible with the uses
permitted as of right in a particular zoning district, their nature is such
that their precise location and mode of operation must be individually
regulated.
In February 2021, the Connecticut Appellate Court issued a
decision, applicable to municipalities that exercise zoning powers
under the statutes, holding that the law authorizes them to impose
temporal conditions on special permits or exceptions, such as a
condition requiring development to be completed by a specific date
(International Investors v. Fairfield Planning & Zoning Commission, 202
Conn. App. 582, cert. granted, 336 Conn. 928 (March 30, 2021)).
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 26 Nay 0 (03/21/2021)