CCAPA’s Legislative Agenda
Moving Planning Up in Connecticut's Priorities
The table of legislative action of interest to CCAPA from the 2005 Legislative Session, elsewhere on the webpage,
includes a listing of the Chapter's future legislative priorities. In addition to monitoring the efforts of legislators
to address planning and municipal issues, both to protect our interests and assist with constructive improvements
to Connecticut planning and land use law, we have a proactive agenda based on our field of expertise - planning.
State Planning
As the Chapter has promoted for several years, our top priority is to continue improvements to the State's planning
capability. The legislation enacted this past session made progress toward better coordination of planning at all levels
of government. It also promoted the consideration of growth management principles to help ensure consistency in planning
and better guidance for government investments.
There are additional opportunities for promoting smart growth management in our State and we will continue to work
with Chairman Wallace and Chairman Coleman and the Planning and Development Committee to identify and incorporate such
further improvements. Providing the necessary resources, organization, and coordination for planning at the State level
is potentially the most productive opportunity available to continue improving planning in Connecticut. We will also
continue to argue for tools and resources to support planning at all levels of government.
Eminent Domain
The issue of eminent domain is already under intense debate at the Capital and it will likely loom large over the
next legislative session. The Chapter cosponsored the National APA amicus brief, generally supporting the use of
eminent domain as a redevelopment tool. We expect to articulate the growth management value of this controversial exercise
of government power, along with our recommendations for ensuring that its use for economic development purposes must be
based on sound, participatory planning, with appropriate constraints and safeguards.
Ethics
The proposed overhaul of the State's ethics provisions will certainly resurface. The bill debated in the past
Session contained several provisions of concern to municipalities and professional planners. Perhaps the necessary reforms
to our ethics laws will be discussed in the light of day from this point on and CCAPA will have an opportunity to express
our concerns and recommendations.
Process and Clarification
In our practice of land use regulation and planning, Chapter members routinely uncover flaws, inconsistencies, and
other opportunities for clarification in the Connecticut General Statutes. The Government Relations Committee maintains a
list of such opportunities and watches for opportunities to include revisions into related legislation, or if
significant enough, look for legislative sponsors of proposals for amendments. Current issues of interest are correcting
the inland wetlands decision schedule to conform to other land use decision schedules; clarifying and improving
statutory guidance for dealing with non-conforming uses, structures, and lots; strengthening land use enforcement
tools (including removal of the treble damages clause for zoning enforcement); and refining the Plan of Conservation
and Development adoption process.
Planned Development
Following a pattern similar to the genesis of the current eminent domain debate, another legal battle is joined over
the authority of municipalities to apply planned development zoning strategies. Legislation was introduced this
year addressing a specific case involving New Haven. While this legislation did not progress, it is possible it
will resurface, depending on the outcome of pending Connecticut Supreme Court action. Clearly, the Chapter has an
interest in retaining flexible zoning tools and should follow this matter closely.
Land Use Regulation Reorganization
An innovative proposal to reorganize land use regulation in Connecticut municipalities was developed and discussed this
past session. The concept identified a three-agency organization of a policy board to develop plans and write regulations;
a decision panel to act on applications; and an appeals board to review appeals of decisions. While the concepts raised
were intriguing, the breadth of the changes suggested mandated careful analysis and consideration. The Government
Affairs Committee intends to study reorganization concepts and be prepared to contribute to future deliberations.
Other Issues
As in past years, we expect that consideration of the State's affordable housing statutes will arise from time to time and
we will continue to defend them as appropriate and necessary. Newer concepts, at least to Connecticut, involving
contract zoning and impact fee authority may attract attention in the future and we will seek opportunities to inform
and educate legislators and potential partners on such issues.
CCAPA Members' Input
Our primary government affairs objective is to provide our expertise and knowledge to assist the State Legislature and
State agencies in dealing with planning, land use, and municipal government issues. The input of planning professionals
is crucial to our credibility and effectiveness at the Capital and in the halls of State Government. Whether directly to
the Committee or over the listserv discussion, members should continue to identify concerns, opportunities, and
recommendations for improving planning in Connecticut.
