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Senators adopt amendment easing wetland-buffer limits to allow utility access, set March 1, 2027 effective date
Summary
Senators agreed to combine and adopt amendments to a Senate bill that carve out utility access through certain wetland buffers and allow municipalities time to designate conservation subdivisions; the package, including a clause preventing new municipal lot-size restrictions before the effective date, passed by voice consent.
Senators on the floor combined and adopted an amendment package to a Senate bill that carves out certain wetland-buffer and conservation-subdivision areas to allow utility placement and move the law's effective date to March 1, 2027.
The presenter told the chamber the original proposal ("2012h") was adjusted after consultations to create a new section allowing carve-outs "specifically through conditional use permit or special exception," and to change the effective date to March 2027. The presenter said the change was intended to "free up a lot of land ... while still maintaining site plan review and DES permitting," giving developers a path forward without an immediate, categorical denial.
Representative Howland, whom the presenter invited to explain, said the carve-out "would give time for a municipality to say, look, if it really is somewhere you wanna protect, you can ... make it a conservation subdivision." Howland added the change allows certain open-space areas to be used "by right" so utilities can pass through them while municipalities have months to act.
Senator Murphy, who proposed an alternate amendment described as "2008s," pressed on the effective date and read a lock-in clause now included in the combined package: "Municipalities shall not impose additional restrictions or requirements regarding building or lot size or affected properties before the effective date of this section." Murphy said the language was intended to prevent towns from taking interim measures (for example, raising minimum lot sizes) that would defeat the bill's housing-development purpose.
Senator Perez and other senators voiced support for the compromise, describing it as a balance between advancing housing development and preserving areas that genuinely need conservation.
The chair asked to combine the amendments, confirmed the chamber would adopt the copy referenced during discussion, and called for a voice vote. Members responded "aye" and no objections were recorded on consent; the amendment package was approved by voice consent. The session concluded and the body adjourned.
The transcript identifies the amendment labels used during debate as "2012h" (original) and "2008s" (Murphy's alternate). Details discussed in the chamber include allowing utilities through some open-space areas by right, creating a carve-out route via conditional use permits or special exceptions, an effective date change to March 1, 2027, and the added anti-avoidance line preventing municipalities from imposing new restrictions before that effective date. The record shows adoption by voice consent; no roll-call tally was recorded in the transcript.
