To the Editor:
Is public process and transparency dead in Connecticut?
HB 8002, the radical rewrite of local zoning authority across all 169 towns, is the latest example of our General Assembly passing laws and asking questions later. This bill, with its sweeping scope, marks a radical break from the proven principles of thoughtful municipal planning and responsible governance that have long served Connecticut’s diverse communities so effectively.
HB 8002’s Flawed Process
The bill’s journey was deliberately rushed during an “emergency” special session held earlier this month. After a nearly identical measure failed in the regular session – vetoed by the governor because “not a single mayor in Connecticut supported it”— lawmakers waited until the regular session ended, then called a November special session ostensibly for SNAP benefits and other emergencies. Revised language appeared with almost no notice – even errors within the bill were caught in the midst of debate at the wee hours of the night. “Fixes” to the mistakes we were told would come in a later session.
The final vote came around 1 a.m., strictly along party lines, with zero Republican support. There were no public hearings worthy of the name, no real committee deliberation, and no realistic opportunity for residents, mayors, or even many legislators to read and digest hundreds of pages of new mandates.
Proponents of the bill claim HB 8002 is a result of a “compromise” yet it mirrors the same poor policy vetoed by Gov. Lamont in June. We would love to see the list of individuals who were at the negotiating table because we expect it was just the minority party, the governor’s staff and developer advocates — not municipal leaders, zoning and land-use commissioners and other rightful stakeholders.
Ask yourself – is this good policy making when the public is devoid of consultation? Governor Lamont (either a Pollyanna or he wasn’t fully informed of what is actually in the bill) claims HB 8002 is a bill where “towns take the lead” – but when there are no more public hearings, “as of right” decision making, towns must adhere to onerous unknown housing mandates and more – ask yourself, is this a community taking the lead?
HB 8002 guarantees more of the same predatory developers taking advantage of laws just like they do with 8-30g and towns paying for litigation, new infrastructure, schools, and of course – losing precious land. It also does not address the real issues that cause affordability problems in Connecticut – unfunded mandates on our towns, anti-small business policies, high electric rates, taxes and the soaring costs to build in our State – labor and supplies.
Under HB 8002:
- Every one of Connecticut’s 169 municipalities must now submit a state-approved “housing growth plan” or join a regional one.
- Local zoning commissions are bound by new penalties, incentives, and procedural straitjackets.
- Municipalities face tight seven-month deadlines to adopt zoning regulation changes to address state mandates on parking and “as of right” summary review conversions or commercial to residential up to 9 units or face potential haphazard development and loss of downtown commercial businesses and their revenues.
- Towns are forbidden from requiring any off-street parking for residential buildings of 16 units.
- A long list of everyday design features—from benches with armrests to angled doorways—are now banned under the vague label of “hostile architecture.
Environmentally Harmful Legislation
This is an anti-environmental bill too — where were our long-time environmental groups who are supposed to watchdog such policies? Either not consulted or blindly led astray.
- The definition of ‘developable land’ does not carve out open space that is not already protected,
- It does not protect the ability of a town to widen its tidal or wetlands buffers in the future or to protect class III watershed land.
- It uses 8-30g as a cudgel, rendering towns ineligible for a FUTURE moratorium if they don’t comply with the Housing Growth Plan edict, and de-prioritizing noncompliant towns from certain state funding.
- The TPZ commissions hands are tied in other ways too- by mandating no public hearing or a ‘summary review’ with zero zoning discretion on several types of development apps such as converting ANY commercial to residential statewide.
- Eliminates requirements for apartments up to 16 units, potentially adding 30+ cars per building, increasing congestion and endangering pedestrians.
None of these ideas were seriously debated; they were simply thrown at our towns and cities as an edict. It omits the tremendous work that towns do to create affordable housing. In Fairfield, we have expanded our accessory dwelling unit regulations, passed regulations to allow more density throughout our community to create a diversity of housing and have partnered with Habitat for Humanity to bring more affordable units to town — and much more.
Supporters call HB 8002 an affordability bill. In reality, it is a developer’s bill. It fast-tracks market-rate apartments with only token, time-limited “affordable” units that expire after a few decades. It delivers density and profit, not lasting relief for working families.
Ask Governor Lamont to veto this bill and start over to create real legislation where towns do take the lead – and are not treated like barriers to development. Sign our petition here: CT169Strong.org.
Alexis Harrison
Fairfield, CT
Harrison is a founding member of CT169Strong and is a former member of the Fairfield Town Plan & Zoning Commission.