2025 Connecticut General Statutes
Title 8 - Zoning, Planning, Housing and Economic and Community Development
Chapter 124 - Zoning
Section 8-2e. - Municipal agreements regarding development rights.
(a) Any two or more municipalities which have adopted the provisions of this chapter or chapter 125a or which are exercising zoning power pursuant to any special act may, with the approval of the legislative body of each municipality, execute an agreement providing for a system of development rights and the transfer of development rights across the boundaries of the municipalities which are parties to the agreement. Such system shall be implemented in a manner approved by the legislative body of each municipality and by the commission or other body which adopts zoning regulations of each municipality. Such agreement may provide that such system be administered by a regional council of governments or other agency.
(b) Any two or more municipalities that have executed an agreement pursuant to subsection (a) of this section may, by interlocal agreement, establish a transfer of development rights bank. Each such interlocal agreement shall (1) identify potential sending and receiving sites, (2) include the local legislation governing development rights that has been adopted or is intended to be adopted by the municipality or municipalities in which the receiving site is located, (3) describe procedures for the termination of the transfer of development rights bank, and (4) describe the conversion ratio to be used in the receiving site, which may express the extent of additional development rights in any combination of units, floor area, height or other applicable development standards that may be modified by the municipality to provide incentives for the purchase of development rights.
(c) Each receiving site identified pursuant to subsection (b) of this section shall (1) be eligible for connection with a public water system, (2) be located not more than one-half mile from public transportation facilities, as defined in section 13b-79kk, (3) not be located within the boundaries of core forest, as defined in section 16a-3k, (4) not be located within the boundaries of any area impacted by the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, and (5) be located above the one-hundred-year flood elevation.
(d) Eligible sending sites may include, but need not be limited to, (1) core forest, as defined in section 16a-3k, (2) land classified as farm land in accordance with section 12-107c, (3) agricultural land, as defined in section 22-3, (4) areas identified as containing habitat for endangered or threatened species pursuant to (A) federal law, (B) section 26-306 or 26-308, or (C) a written determination of the United States Fish and Wildlife Service or a state and federally recognized tribe that such area is appropriate for the preservation of endangered or threatened species habitat, and (5) areas within the boundaries of any area impacted by the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, or a floodplain, as defined in section 25-68i.
(P.A. 87-490, S. 2; P.A. 25-33, S. 18.)
History: P.A. 25-33 designated existing provision as Subsec. (a) and added provision re such system being administered by regional council of governments, and added Subsecs. (b) to (d) re establishment of transfer of development rights bank by 2 or more municipalities, effective July 1, 2025.
