Proposal: The state of Connecticut's Plan of Conservation and Development statutory scheme requires the state, regional
What the Plan of Conservation & Development Statute Says:
“(1) Such plan of conservation and development … (G) make provision for the development of housing opportunities, including opportunities for multifamily dwellings… for all residents of the municipality and the planning regionin which the municipality is located…(H) promote housing choice and economic diversity in housing, including housing for both low and moderate income households…”CGS Sec. 8-23(e)
planning organizations, and municipalities to generate a planning structure to permit for environmental conservation and a variety of development, including development of affordable housing. As part of this regime, towns are required to submit municipal Plans of Conservation and Development to the state which must contain details on each town's plan for, among other things, making "provision for the development of housing opportunities, including opportunities for multifamily dwellings," and promoting "housing choice and economic diversity in housing, including housing for both low and moderate income households, and encourage the development of housing which will meet the housing needs identified in the state's consolidated plan for housing and community development." CGS Sec. 8-23(e)(1)(G) and (H).
In theory municipal access to state discretionary funding is premised on complying with this planning regime. The challenges are:
(1) Nowhere in the Plan of Conservation and Development regime is the state required to review municipal plans and
(2) Towns can gain access to state discretionary funding if they either submit a municipal plan every 10 years OR submit a letter to the state explaining why they are not submitting a plan.
Sample Town POCD Response:
“In recent years, there have been land use applications for affordable housing and other developments which have been provocative and strengthened resident’s concerns about the changing character of the community.”
= NO PROBLEM UNDER CURRENT POCD SYSTEM
This is a planning regime with no meaningful state oversight making it difficult for the state of Connecticut to fulfill its legal duty to oversee municipal zoning and ensure that the state as a whole complies with the federal Fair Housing Act. OCA proposes to bridge the gaps in the Plan of Conservation and Development regime by instituting state review of municipal plans and giving towns that comply with the regime's fair housing provisions access to state discretionary funds.
OPM information on the Plan of Conservation and Development process
- OPM information on municipal planning
Status of Bill: