2021 Legislative Reforms
The passage of Public Act 21-29 (aka HB 6107) will give us a fairer, stronger, cleaner Connecticut.
A year and a day after we first met - thanks to our coalition, team, and supporters, & the many housing advocates that laid the groundwork over the years - Public Act 21-29 (aka HB 6107) became law! It is an important step toward a more affordable, sustainable, and economically dynamic state, and it marks the first significant update to §8-2, the State’s Zoning Enabling Act, in decades. Below is a summary of key elements of the bill. Check out our zoning dictionary for a primer on key terms, our FAQs page for additional info about the bill’s impacts, and our coalition’s comments about the bill!
Advancing equity in zoning laws overall
Public Act 21-29 significantly changes the extent to which Connecticut promotes equity when it zones for housing. The bill requires all zoning regulations to:
“Affirmatively further fair housing,” language inspired by a related federal fair housing rule - making Connecticut the first state to include this requirement in the zoning enabling act.
Promote housing choice and economic diversity in housing, including housing for both low and moderate income households.
Address significant disparities in housing needs and access to educational, occupational and other opportunities.
Expressly require the development of housing the state's consolidated plan for housing and community development says we need.
Public Act 21-29 prevents towns from enacting zoning regulations that:
Discriminate on the basis of income source (including public assistance), income level, or “immutable characteristics” (other than age and disability).
Cap the number of multi-family housing units.
Charge unreasonable or different fees for multifamily affordable housing, or impose onerous consulting fees on property owners.
Require housing units to be a minimum square footage, except for public health reasons like those enshrined in building and housing codes.
Public Act 21-29 also makes some changes beyond housing. It requires zoning regulations to:
Reasonably consider the restoration and protection of the ecosystem and habitat of Long Island Sound.
Protect the state's historic, tribal, cultural, and environmental resources.
Allow “cottage food” as a home-based occupation.
At a town’s option, use a more sustainable vehicle-miles-traveled standard for traffic calculations.
Click here for more about the zoning enabling act. Click here for more information about vehicle miles traveled.
Legalizing Accessory Apartments
Under Public Act 21-29, Connecticut became the 8th state to enact state-level legislation for accessory apartments. Municipal regulations must:
Permit accessory apartments “as of right,” without a special permit or public hearing.
Allow both “attached” and “detached” accessory apartments (in separate structures)
Allow accessory apartments up to 1,000 SF or 30% of the main dwelling
Not set minimum or maximum age requirements
Not set a parking requirement greater than one space per accessory apartment
Not require the installation of a new or separate utility connection other than to the principal dwelling
Click here for to check out this the accessory apartment phenomenon!
Capping costly parking mandates
Under Public Act 21-29, Connecticut became the fourth state to enact state-level legislation on parking requirements in zoning, and the first to affect market-rate apartments not near transit.
Zoning codes may not require a minimum number of parking spaces for new housing units in excess of one space for studio and one-bedroom homes or two spaces for two-plus-bedroom homes. In districts with minimum parking requirements, the average district requires 1.73 spaces per studio apartment and 1.87 spaces for 2+ bedroom apartments. Public Act 21-29 would thus reduce parking requirements for studios/1-bedrooms in a majority of districts with parking minimums and it would reduce parking requirements for 2-bedroom units districts that require more than two-spaces per home.
Requiring training and certification
Under Public Act 21-29, Connecticut became the seventh state to adopt requirements for planning and zoning commissioners to be trained. Commissioners will now undergo four hours of training every other year, including at least one hour concerning affordable and fair housing policies.
Public Act 21-29 also requires zoning enforcement officials - who administer zoning laws and interact with the public - to become certified.
These modest requirements will provide our commissioners and zoning enforcement officials with the tools they need to do their jobs well and comply with laws already on the books.
Click here for more about the rationale for commissioner training.
Defining “character”
Public Act 21-29 eliminates the terms “character,” “overcrowding of land,” and “undue concentration of population” from state law as legal bases for zoning regulations.
In their place, the bill allows towns to consider only the “physical site characteristics” of a district. There are lots of reasons for this change, but the main one is to ensure objectivity.
Click here for more about the term “character,“ and why it was time to choose an alternative.
Creating a study commission - & a model form-based code
Public Act 21-29 establishes a working group composed of a mix of land use experts and political appointees tasked with the following:
Developing - for the first time in any state - model design guidelines for both buildings and streets, which towns can adopt within their regulations to promote equitable, sustainable development.
Studying alternative on-site sewage treatment systems, which could be used to enable greater housing development and diversity in towns without supportive infrastructure.
Exploring guidelines and incentives for towns to comply with 8-30j, which requires towns to submit affordable housing plans.
Recommending statutory changes for the development and implementation of the state’s plan of conservation and development.
Click here to learn why model form-based codes can promote objective decision-making.