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Connecticut §8-30g — Affordable Housing Land Use Appeals Procedure (CT)

Tracked preemption from the Connecticut overlay bundle.

Overview

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Effective
1990-01-01
Sunset
—
Authority
state
Scope
state:CT
Other Connecticut preemptions
Connecticut Public Act 21-29 — Fair Share Housing FrameworkConnecticut Public Act 17-170 — Accessory Dwelling Unit FrameworkConnecticut §8-2 — Home Rule Zoning Enabling Framework

Trigger predicate

When this evaluates true for a parcel, the law's preempted fields take precedence over base zoning.

AND
  • project.affordable_pct ≥ 30
  • city.affordable_housing_stock_pct < 10

Preempted fields

6 fields on the base district schema are rewritten when the trigger fires.

FieldOpValueNote
base_districts[*].max_height_ftwaive—
base_districts[*].max_units_per_acrewaive—
base_districts[*].max_farwaive—
base_districts[*].allowed_useswaive—
base_districts[*].min_lot_area_sfwaive—
review_typewaive_discretionary—

Citation

Authority source
Connecticut General Statutes §8-30g
§ §8-30g (Affordable Housing Land Use Appeals Procedure)
https://www.cga.ct.gov/current/pub/chap_126a.htm

Research notes

Flagship CT preemption analogous to California's Builder's Remedy. Projects with at least 30% affordable units (deed-restricted for 40 years) can override local zoning if the municipality has less than 10% affordable housing stock. Burden of proof shifts to the municipality on appeal — municipality may only deny on a finding that denial is necessary to protect substantial public interests in health, safety, or other matters that the commission may legally consider, that such public interests clearly outweigh the need for affordable housing, and that such public interests cannot be protected by reasonable changes to the proposal. Municipalities reaching the 10% threshold receive a 4-year moratorium. The affordable_housing_stock_pct is published annually by CT DOH (Department of Housing) Affordable Housing Appeals List. Federal conflict check enabled because §8-30g touches base_districts[*] in jurisdictions with federal overlays such as NSY Groton (Naval Submarine Base New London) and Bradley International Airport Part 77 surfaces.