RiverCOG staff outline Connecticut's Public Act 25-1, flag ambiguities and deadlines for municipal planning

Deputy Director Megan Chupelas told the Lower Connecticut River Valley Council of Governments' regional planning committee on Jan. 26 that Public Act 25-1 requires immediate changes to municipal zoning rules and establishes staged deadlines for statewide and municipal housing plans.

"Although we have heard that there may be a fix coming, this deadline was based on a previous draft, and it kind of slipped in. So the deadline might be extended. It's not yet. So right now, we're still operating off of 07/01/2026," Chupelas said, referring to the earliest statutory deadline for several mandatory zoning changes.

Why it matters: The law replaces previous 8-30j planning requirements with a framework of state, regional and municipal housing growth targets and creates new automatic (non-discretionary) approval pathways for certain small-scale multifamily housing. Chupelas said the COGs and municipal staffs will need to decide how to interpret several undefined or ambiguous terms before the July 1 compliance date.

Key changes described by staff included:

- Middle housing and summary review: Section 16 requires that zoning regulations allow "transit community middle housing" (residential buildings containing two to nine dwelling units) on lots zoned commercial or mixed use and permits approval by "summary review," a nondiscretionary process that allows site-plan approval "without requiring that a public hearing be held." Staff advised towns to adopt clear, nondiscretionary standards so the new pathway works as intended and to consult land-use attorneys about edge cases.

- Parking and fee-in-lieu: Sections 18–19 generally prohibit municipalities from requiring minimum off-street parking for residential developments and from denying applications solely for lack of parking unless a specific adverse public-health or safety impact cannot be mitigated. Chupelas said developers of larger projects will be able to submit parking-needs assessments and that section 21 (fee-in-lieu limits) is effective on passage (Jan. 1).

- Protest petitions and hostile architecture: Section 24 raises the signature thresholds for zoning protest petitions (owners representing 50% of land area or lots), and section 26 forbids municipalities from installing "hostile architecture" on municipally owned, publicly accessible property if the feature is designed primarily to prevent a person experiencing homelessness from sitting or lying there.

- Housing growth plans and timetable: The statute replaces 8-30j with housing growth plans. OPM is expected to issue state and regional housing growth targets; COGs must produce regional housing needs assessments and recommended municipal affordable-housing goals by June 1, 2027, and municipal/regional housing growth plans are due July 1, 2028. Chupelas noted a 10-year planning horizon with required five-year check-ins.

- Developable land and reporting: Chupelas read the statutory definition of "developable land" (land feasibly developable or redevelopable as of Jan. 1, 2026, excluding land committed to public use, conserved open space, certain wetlands or long steep slopes) and described COG review requirements 90 days before OPM submission and annual progress reports to OPM tied to some future funding.

Staff cautions and local impacts: RiverCOG staff repeatedly warned committee members that several statutory terms are ambiguous (for example, the meaning of "commercial," how to apply "public health and safety" in summary review, and the precise unit thresholds for parking exceptions) and that reasonable attorneys could reach different conclusions. Chupelas recommended towns adopt clear, nondiscretionary standards now where feasible and consult land-use counsel for specific interpretations.

Funding and technical assistance: Chupelas and Executive Director Sam Gould listed several state programs tied to the law, including a Housing Growth Grant Program (anticipated when plans are due in 2028), a middle-housing grant for housing authorities, an OPM municipal water-quality loan program for sewer projects, expanded grayfield revitalization funding and increased annual COG allocations (with some funds restricted to housing planning and regional coordinators). Staff said some funding programs require future appropriations and may not be available immediately.

Members' questions focused on OPM's capacity to review plans, the timing and source of state funding, and wastewater/sewer constraints in small towns. Sam Gould reassured members that COGs are coordinating across regions and that OPM guidance and developable-land tools are expected (staff noted tentative dates for guidance between March and July), but that many implementation details remain unresolved until OPM issues guidance or the legislature amends the statute.

What comes next: RiverCOG said it will circulate a cross-referenced summary of the act for member towns, has an RFP out for consultants to assist with middle-housing zone changes, and offered mapping/GIS assistance for conservation and traffic mitigation districts. Municipalities must decide within 30 days after RiverCOG publishes recommended goals whether to opt into the regional plan or prepare their own municipal housing growth plans by the statutory deadlines.

Staff and members emphasized the law's mix of mandatory requirements and optional tools and urged municipalities to prepare early, gather deed-restriction data, and consult legal counsel where statutory language is ambiguous.