OLR Bill Analysis
sHB 5254 (as amended by House “A”)*
AN ACT CONCERNING EXTENDING THE TIME OF EXPIRATION OF CERTAIN LAND USE PERMITS.
This bill gives developers more time to complete ongoing projects. It does so by resetting the statutory deadlines planning and zoning commissions and inland wetland agencies may impose on projects they approved between July 1, 2006, and July 1, 2009, inclusive. The deadlines currently range from within two to five years for wetlands projects to 10 years for large-scale residential and commercial projects. In some cases, current law allows the commissions and agencies to extend the deadlines for up to 10 years from a project's approval date.
The bill's deadlines apply to all projects except large-scale residential and commercial projects approved under a site plan review. The new deadlines range from six to 11 years after a project's approval date. In some cases, the bill allows zoning and planning commissions to extend six-year deadlines to 11 years after the project's approval. The extensions do not apply for large-scale housing and business development projects approved under a site plan review. The bill also allows wetlands agencies to extend a permit's expiration date for up to 11 years.
*House Amendment “A” narrows the range of projects subject to the bill's deadlines to those approved between July 1, 2006 and July 1, 2009. Under the original version of the bill, the deadlines applied to projects approved on or before July 1, 2009.
EFFECTIVE DATE: Upon passage
PROJECT COMPLETION DEADLINES
The bill resets the initial and extended deadlines that apply to subdivisions, wetlands permits, and relatively small-scale site plans that were approved between July 1, 2006, and July 1, 2009, inclusive. It does not affect projects with approval dates outside this timeframe. The table below highlights this change.
Deadlines and Extensions under Current Law and the Bill for Projects Approved between July 1, 2006 and July 1, 2009
Deadlines | ||
Land Use Approval |
Current Law (CGS §) |
Bill (§) |
Residential site plans for projects with 400 or more units |
Within 10 years after approval (CGS § 8-3 (j)) |
No change |
Business site plans for projects with at least 400,000 square feet |
Between five and 10 years after approval (CGS § 8-3 (j)) |
No change |
Other site plans |
Within five years of approval (CGS § 8-3 (i)) |
Not less than six years after approval (§ 1) |
Subdivisions plans for 400 or more dwelling units |
Within 10 years of approval (CGS § 8-26g) |
11 years after approval (§ 4) |
Other subdivisions |
Within five years of approval (CGS § 8-26c (a)) |
Within six years of approval (§ 2) |
Wetlands permits for site plans and subdivisions |
Permit expires five years after approval (CGS § 22a-42a (d)(2)) |
Permits expire within six years of approval (§ 4) |
Other wetlands |
Permit expires between two and five years after approval permits (CGS § 22a-42a (d)(2)) | |
Extensions | ||
Land Use Approval |
Current Law |
Bill |
Residential site plans for projects with 400 or more units |
No extensions (CGS § 8-3 (j)) |
No change |
Business site plans for projects with at least 400,000 square feet |
Up to 10 years from approval if the initial deadline was less than 10 years (CGS § 8-3 (j)) |
No change |
Other site plans |
Up to 10 years from approval (CGS § 8-3 (i)) |
Up to 11 years from approval (§ 1) |
Subdivision plans for 400 or more dwelling units |
No extensions (CGS § 8-26g) |
No change |
Other subdivisions |
Up to 10 years from approval (CGS § 8-26c (b)) |
Up to 11 years from approval (§ 2) |
Wetlands permits for site plans and subdivisions |
Permit expiration date may be extended up to 10 years from approval (CGS § 22a-42a (d)(2)) |
Permit expiration date may be extended up to 11 years from approval (§ 3) |
Other wetlands permits | ||
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable Substitute
Yea |
18 |
Nay |
0 |
(03/13/2009) |
Environment Committee
Joint Favorable
Yea |
21 |
Nay |
4 |
(04/14/2009) |