Researcher: JSB Page 1 3/26/25
OLR Bill Analysis
sSB 1313
AN ACT INCREASING HOUSING DEVELOPMENT WITHIN ONE -
HALF MILE OF PUBLIC TRANSIT STATIONS.
SUMMARY
This bill requires most municipalities to allow proposed housing
developments with a minimum density of 15 units per acre, as-of-right,
within a one-half-mile radius of certain transit stations. The covered
municipalities are those that exercise zoning authority under the
statutes (i.e. CGS § 8-2), rather than pursuant to a special act.
The bill specifies certain land types that cannot be developed for
housing as-of-right (e.g., those lacking sewer service or at a high risk of
flooding). It establishes parameters for local zoning regulations on these
housing developments and processing developers’ applications.
The bill also makes a conforming change specifying that zoning
regulations adopted under CGS § 8-2 cannot prohibit the housing
developments that the bill requires be allowed as-of-right (§ 2).
EFFECTIVE DATE: October 1, 2025
QUALIFYING DEVELOPME NTS
Under the bill, a proposed housing development qualifies for as-of-
right approval if it:
1. will be located within a half-mile radius of a passenger or
commuter rail station or bus rapid transit station;
2. consists of age-unrestricted dwellings that are suitable for
families with children (it is unclear whether this means units
must have a certain number of bedrooms or meet other criteria);
and
3. has a “minimum overall average gross density” of 15 dwellings 2025SB-01313-R000255-BA.DOCX
Researcher: JSB Page 2 3/26/25
per acre. (While the bill uses the term “gross density,” it appears
that by excluding certain land types from the bill’s requirements
(see below), it is actually imposing a “net density” requirement.)
Density Calculation
Generally, for land use planning purposes, housing density is
measured in two ways: gross density and net density.
The bill requires proposed developments to have a minimum overall
average gross density of 15 dwellings per acre. This appears to mean
that a proposal qualifies for as-of-right approval if it will have at least
15 units per acre. However, while the bill uses the term “gross density,”
it also specifies that its requirements do not apply to specified land types
(gross density is generally understood to be the quotient of dwelling
units divided by total land area). It is unclear what this exclusion means
in practice, and whether it creates a net density standard (net density is
calculated by dividing the number of dwellings by the non-exempt land
area).
At the same time, the bill allows a municipality with multiple stations
to calculate the “overall average allowable gross density” across all of
its stations. Because the bill imposes a minimum density requirement
on developments, and does not appear to give municipalities authority
to impose a density cap on developments, it is unclear what “allowable
gross density” refers to, and what authority the bill grants
municipalities.
Exempt Lands. The bill exempts certain lands from its as-of-right
development requirements, seemingly requiring them to be subtracted
from the gross area calculation for purposes of determining “minimum
overall average gross density.” Presumably, only the portion of a parcel
that qualifies as exempt land is subtracted.
Specifically, exempt lands are:
1. areas not served by water and sewer infrastructure;
2. roadways, railways, and public parkland (the bill does not define 2025SB-01313-R000255-BA.DOCX
Researcher: JSB Page 3 3/26/25
these terms);
3. tidal wetlands and inland wetlands and watercourses, as defined
in state law;
4. Long Island Sound and its coastal resources, as defined in the
Coastal Management Act;
5. steep slopes of 15% or more in grade change within a single lot;
6. ledges (the bill does not define this term);
7. land subject to a conservation or preservation restriction (e.g., an
easement);
8. areas necessary for the protection of drinking water supplies
(presumably, to be determined by the municipality);
9. special flood hazard areas designated by the Federal Emergency
Management Agency; and
10. areas likely to be inundated during a 30-year flood event, as
delineated by the Connecticut Institute for Resilience & Climate
Adaptation’s sea level change scenarios.
APPROVAL PROCESS
Under the bill, if a housing development qualifies for an as-of-right
approval, it means that the proposed development must be approved if
it conforms to applicable zoning regulations, without any discretionary
zoning action being taken and without needing a public hearing,
variance, special permit, or special exception.
The bill requires the municipality to make a decision on a proposed
development within 65 days of receiving the application. But the
applicant may consent to one or more extensions of up to 65 days each,
or may withdraw the application.
LOCAL REGULATIONS
The bill contemplates municipalities adopting regulations on some 2025SB-01313-R000255-BA.DOCX
Researcher: JSB Page 4 3/26/25
aspects of these as-of-right housing developments. (But as described
above, the bill appears to create a guaranteed minimum density for
developers around transit stations without authorizing municipalities
to establish a density cap.)
The bill broadly prohibits municipalities from using or imposing
standards to discourage, through “unreasonable” costs or delays, the as-
of-right housing developments. (The bill does not define
“unreasonable.”) Municipalities cannot condition approval on the
correction of a nonconforming use, structure, or lot.
The bill specifically subjects qualified developments to zoning
regulations that impose parking requirements that do not exceed (1) one
parking spot for each studio or one-bedroom dwelling or (2) two
parking spots for each dwelling unit with two or more bedrooms.
Under the bill, if local regulations do not conform to the bill’s
requirements by October 1, 2026, then (1) any noncompliant regulation
is deemed void and (2) the municipality must approve or deny
applications according to the bill’s requirements until it adopts
compliant regulations.
BACKGROUND
Related Bills
sHB 6831, favorably reported by the Planning and Development
Committee, makes municipalities that plan to adopt zoning regulations
allowing certain housing developments to be built as-of-right in a
transit-oriented district eligible for prioritization of infrastructure
funding to be used within the district.
HB 7061, favorably reported by the Planning and Development
Committee, prohibits municipal zoning regulations from imposing
minimum off-street parking requirements on developments.
2025SB-01313-R000255-BA.DOCX
Researcher: JSB Page 5 3/26/25
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 12 Nay 8 (03/07/2025)