LAND USE PERMIT EXTENSIONS RELIEF FOR THE DEVELOPMENT COMMUNITY
By Jane W. Freeman
New legislation extending the expiration dates for most land use permits will provide welcome relief to Connecticut’s development community. Public Act No. 11-5 (the “Act”) gives developers more time to complete ongoing projects without seeking re-approval from a land use commission or an inland wetlands agency. Provided that the land use approval has not expired before the Act’s effective date (May 9, 2011), the Act permits the initial and extended deadlines applicable to subdivisions, wetlands permits and small-scale site plans approved before July 1, 2011, to be further extended.
The Act appears to provide an automatic extension for all approvals prior to May 9, 2011, provided they have not yet expired, so that they are automatically valid for nine (9) years from the initial approval date. However, a developer or property owner should request written confirmation from the land use commission to confirm the automatic extension date. Further, the Act does not create extensions for any conditions of an approval, such as posting bonds, conveying easements or open space, completing public improvements or recording plans and permits. Therefore, when a developer or property owner requests written confirmation of the automatic extension date, modification of all related permit conditions should also be requested.
The tables* below contain a useful comparison of the permit deadlines in effect before the Act and after its adoption. Under the Act, projects approved after July 1, 2011, will again be subject to the timelines applicable to approved projects before the Act was adopted.
Table 1: Deadlines and Extensions under (A) Prior Law for Projects Approved before July 1, 2006 and after July 1, 2011 and (B) the Act for Projects Approved between July 1, 2009 and July 1, 2011
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INITIAL DEADLINES |
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Land Use Approval |
Prior Law (CGS §) |
The Act (§) |
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Residential site plans for projects with more than 400 units |
Within 10 years after approval (CGS 8-3(j)) |
No change |
|
Business site plans for projects with at least 400,000 square feet |
Within 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 nine years after approval (§ 1) |
|
Subdivisions plans for 400 or more dwelling units |
Within 10 years of approval (CGS § 8-26g (a)) |
14 years after approval (§ 3) |
|
Other subdivisions |
Within five years of approval (CGS § 8-26c (a)) |
Not less than nine years after approval (§ 2) |
|
Wetlands permits for site plans and subdivisions |
Up to five years after approval |
Not less than nine years after approval (§ 4)
|
|
Other wetlands |
Between two and five years after approval (CGS § 22a-42a (d)(2)) |
|
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EXTENSIONS (Absolute Deadlines) |
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Land Use Approval |
Prior Law |
The Act (§) |
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Residential site plans for projects with more than 400 units |
Within 10 years after approval (CGS 8-3(j)) |
No change |
|
Business site plans for projects with at least 400,000 square feet |
Within 10 years after approval (CGS 8-3(j)) |
No change |
|
Other Site Plans |
Up to 10 years from approval (CGS § 8-3 (i)) |
Up to 14 years from approval (§ 1) |
|
Subdivision plans for 400 or more dwelling units |
No extensions (CGS § 8-26g) |
No change (§ 3) |
|
Other subdivisions |
Up to 10 years from approval (CGS § 8-26c (b)) |
Up to 14 years from approval (§ 2) |
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Wetlands permits for site plans and subdivisions |
Up to 10 years from approval (CGS § 22a-42a (d)(2)) |
Up to 14 years from approval (§ 4) |
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Other wetlands permits |
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Table 2: Deadlines and Extensions for Projects Approved between July 1, 2006 and July 1, 2009 under Prior Law and the Act
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INITIAL DEADLINES |
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Land Use Approval |
Prior Law |
The Act (§) |
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Site plans other than (1) residential site plans for projects with more than 400 units and (2) business site plans for projects with at least 400,000 square feet |
Not less than six years after approval (CGS § 8-3(m)) |
Not less than nine years after approval (§ 1) |
|
Subdivisions plans for 400 or more dwelling units |
11 years after approval |
14 years after approval (§ 3) |
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Other subdivisions |
Not less than six years after approval (CGS § 8-26c (e)) |
Not less than nine years after approval (§ 2) |
|
Wetlands permits for site plans and subdivisions and Other wetlands |
Not less than six years after approval (CGS § 22a-42a (g)) |
Not less than nine years after approval (§ 4) |
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EXTENSIONS (Absolute Deadlines) |
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Land Use Approval |
Prior Law |
The Act |
|
Site plans other than (1) residential site plans for projects with more than 400 units and (2) business site plans for projects with at least 400,000 square feet |
Up to 11 years from approval (CGS § 8-3 (m)) |
Up to 14 years from approval (§ 1) |
|
Subdivision plans for 400 or more dwelling units |
No extensions (CGS § 8-26g) |
No change (§ 3) |
|
Other subdivisions |
Up to 11 years from approval (CGS § 8-26c (e)) |
Up to 14 years from approval (§ 2) |
|
Wetlands permits for site plans and subdivisions and Other wetlands |
Not less than six years after approval (CGS § 22a-42a (g)) |
Up to 14 years from approval (§ 4) |
* Office of Legislative Research, Connecticut General Assembly,
Public Act Summaries
