Researcher: RP Page 1 4/3/24
OLR Bill Analysis
sHB 5392
AN ACT EXEMPTING CERTAIN VACANT LOTS FROM
CONFORMANCE WITH CHANGES IN ZONING REGULATIONS.
SUMMARY
This bill exempts certain vacant lots in subdivisions and
resubdivisions from changes to municipal zoning regulations and maps.
First, it exempts vacant lots shown on a subdivision or resubdivision
plan (e.g., map) from changes adopted after the plan was approved or
recorded if the (1) plan was recorded on or before October 1, 2024, and
(2) lot’s recorded chain of title references the plan.
Second, for vacant lots shown on a subdivision or resubdivision plan
that was both recorded on or before October 1, 2024, and before the
respective municipality adopted zoning regulations, the bill exempts
these lots from changes adopted after the plan was approved or
recorded if the lot conformed at any time with any applicable zoning
regulations that were subsequently adopted.
Under the bill, these exemptions apply regardless of the laws that:
1. prohibit subdividing land until a subdivision plan has been
approved by the local planning commission and recording
subdivision plans unless they are approved by the planning
commission and
2. require that subdivisions and resubdivisions that existed on a
map or plan before a municipality adopted zoning regulations be
submitted for the planning commission’s approval.
The bill’s exemptions are in addition to others under existing law,
including one for lots in approved subdivision and resubdivision plans 2024HB-05392-R000238-BA.DOCX
Researcher: RP Page 2 4/3/24
for residential property that exempts them from changes in zoning
regulations and maps after the plans are filed and recorded in the land
records. Existing law also exempts any construction on vacant lots
shown in an approved subdivision or resubdivision plan from changes
adopted after the plan’s approval.
EFFECTIVE DATE: October 1, 2024
BACKGROUND
Subdivisions and Resubdivisions
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 considered “vacant” until a building permit is issued
for it and its foundation completed. However, it is not considered
“vacant” if any structures on it are subsequently demolished.
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 21 Nay 0 (03/15/2024)