Researcher: JSB Page 1 4/11/23
OLR Bill Analysis
sHB 6893
AN ACT EXEMPTING CERTAIN VACANT LOTS FROM
CONFORMANCE WITH ZONING REGULATIONS.
SUMMARY
This bill creates exemptions from changes to municipal zoning
regulations and zoning district boundaries for certain vacant lots in
subdivisions and resubdivisions (hereinafter “subdivisions,” see
BACKGROUND) .
It specifically exempts vacant lots shown on a subdivision plan (e.g.,
a map) recorded in the municipal land records if:
1. the plan was recorded before the municipality adopted zoning
regulations and the lot later conformed to any applicable zoning
regulations that were subsequently adopted, or
2. the plan was recorded at any time and the lot’s recorded chain of
title references the plan.
Similar exemptions already exist in law for lots in subdivisions that
were (1) approved by the local planning commission or other entity
exercising its powers and (2) filed or recorded with the town clerk. Since
the bill’s exemptions are only conditioned on recording plans, they
appear to affect only lots in subdivision plans that have not been
approved. However, existing law, unchanged by the bill, prohibits
relying on or recording subdivision plans that are not approved (see
COMMENT).
EFFECTIVE DATE: October 1, 2023
BACKGROUND
Subdivisions and Resubdivisions 2023HB-06893-R000494-BA.DOCX
Researcher: JSB Page 2 4/11/23
A “subdivision” is the division of a tract or parcel of land into three
or more parts or lots made after a planning commission has adopted
subdivision regulations for the purpose of selling or building
development, whether immediate or future (excluding development for
municipal, conservation, or agricultural purposes). It includes a
“resubdivision,” which is generally a change in a map of an approved
or recorded subdivision or resubdivision for certain purposes (CGS § 8-
18).
Vacant Lots
By law, a lot is “vacant” until the date a building permit is issued for
it and a foundation has been completed under the permit. However, it
is not “vacant” if any structures on it are subsequently demolished (CGS
§ 8-26a(b)(2)(B)).
COMMENT
Conflict
The bill does not specifically require the lots it exempts to be
approved by the planning commission or other authorized entity. As
they relate to unapproved plans, the bill’s exemptions conflict with
other existing laws, including one that prohibits subdividing land until
a plan for the subdivision has been approved by the local planning
commission (CGS § 8-25(a)). Even if a subdivision existed on a map or
plan prior to a municipality adopting zoning regulations, state law
requires that a plan for the subdivision be submitted for the planning
commission’s approval (CGS § 8-26(a)).
The bill’s exemption for unapproved plans recorded on or after the
bill’s effective date also conflicts with a law that prohibits recording
subdivision plans unless, among other things, they are approved by the
planning commission. If a plan is recorded without satisfying the law’s
requirements, it is void (CGS § 8-25(a)).
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute 2023HB-06893-R000494-BA.DOCX
Researcher: JSB Page 3 4/11/23
Yea 19 Nay 2 (03/24/2023)