{"data":{"id":"us-ct/conn.-gen.-stat.-8-13hh","jurisdiction":"us-ct","citation":"Conn. Gen. Stat. § 8-13hh","heading":"Qualifying transit-oriented communities. Definitions. Requirements.","body":"(a) As used in this section:\n(1) “Downtown area” means a central business district or other commercial neighborhood area of a municipality that serves as a center of socioeconomic interaction, characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious and residential buildings and public spaces, that are typically arranged along a main street and intersecting side streets and served by public infrastructure;\n(2) “Housing growth program” means the program established pursuant to section 8-13jj;\n(3) “Transit community middle housing development” means a residential building containing not less than two dwelling units but not more than nine such units, including, but not limited to, townhouses, duplexes, triplexes, perfect sixes and cottage clusters;\n(4) “Municipality” has the same meaning as provided in section 7-148;\n(5) “Perfect six” means a three-story residential building with a central entrance containing two dwelling units per story;\n(6) “Qualifying bus transit community” means any municipality that contains not less than one regular bus service station operating not less than five days a week within a transit-oriented district adopted by such municipality, provided such transit-oriented district is of reasonable size, as determined by the secretary, or the secretary's designee, in accordance with the provisions of subsection (e) of this section, and either (A) includes land of such municipality located within a one-half-mile radius of any such station, or (B) is located within a reasonable distance, as determined by the secretary, or the secretary's designee, of any other transit service, a commercial corridor or the downtown area of such municipality;\n(7) “Qualifying rapid transit community” means any municipality that contains not less than one rapid transit station or a planned rapid transit station, contained within a transit-oriented district adopted by such municipality, provided such transit-oriented district is of reasonable size, as determined by the secretary, or the secretary's designee, in accordance with subsection (e) of this section, and either (A) includes land of such municipality located within a one-half-mile radius of any such station, or (B) is located within a reasonable distance, as determined by the secretary, or the secretary's designee, of any other transit service, a commercial corridor or the downtown area of such municipality;\n(8) “Qualifying transit-oriented community” means any municipality that (A) is a qualifying rapid transit community or qualifying bus transit community, or (B) borders a municipality that has one or more rapid transit stations or regular bus service stations, and that designates a transit-oriented district in or adjacent to a downtown area located in such municipality;\n(9) “Rapid transit station” means any public transportation station serving any rail or rapid bus route;\n(10) “Regular bus service station” means any fixed location where a bus regularly stops, not less than once every sixty minutes during peak operating hours, for the loading or unloading of passengers along a defined route operating on a fixed schedule;\n(11) “Secretary” means the Secretary of the Office of Policy and Management, or the secretary's designee;\n(12) “Transit-oriented district” means a collection of parcels of land in a municipality designated by such municipality and subject to zoning criteria designed to encourage increased density of development, including mixed-use development, consistent with the provisions of this section; and\n(13) “Zoning commission” means any zoning commission, planning commission in a municipality that has adopted a planning commission but not a zoning commission or a combined planning and zoning commission.\n(b) Any qualifying transit-oriented community shall be eligible to apply for funding from the housing growth program established pursuant to section 8-13jj.\n(c) The zoning commission of the municipality shall consult with the inland wetlands agency of the municipality to establish the boundaries of any proposed transit-oriented district within the municipality. If any proposed activity in such proposed district may be a regulated activity, as defined in section 22a-38, such commission shall collaborate with such agency to determine whether such proposed activity would constitute a regulated activity for which a permit is required.\n(d) In determining whether a transit-oriented district is of reasonable size, the secretary, or the secretary's designee, in consultation with the zoning commission of the municipality, shall (1) determine whether the area of such district is adequate to support greater density of development in an equitable manner, as determined by the secretary, or the secretary's designee, considering the geographic characteristics of the municipality; (2) consider municipal and regional housing needs; and (3) not require the inclusion of the following lands in any such district: (A) Special flood hazard areas designated on a flood insurance rate map published by the National Flood Insurance Program, (B) wetlands, as defined in section 22a-38, (C) land designated for use as a public park, (D) land subject to a conservation restriction or preservation restriction, as such terms are defined in section 47-42a, (E) coastal resources, as defined in section 22a-93, (F) areas necessary for the protection of drinking water supplies, and (G) areas designated as likely to be inundated during a thirty-year flood event by the Marine Sciences Division of The University of Connecticut pursuant to the division's responsibilities to conduct sea level change scenarios pursuant to subsection (b) of section 25-68o. The zoning commission may consult with any other agency of the municipality to determine whether a transit-oriented district is of reasonable size.\n(e) (1) A qualifying transit-oriented community shall allow the following developments as of right in any transit-oriented district: (A) transit community middle housing developments, if such development contains nine or fewer dwelling units; (B) developments that contain ten or more dwelling units where not less than thirty per cent of such units qualify as a set-aside development pursuant to section 8-30g; and (C) developments on land owned by (i) the municipality in which such land is located, (ii) the public housing authority of the municipality in which such district is located, (iii) any not-for-profit entity, or (iv) any religious organization, as defined in section 49-31k, if such development is composed entirely of units that are subject to a deed restriction that requires, for not less than forty years after the initial occupation of the proposed development, that such units be sold or rented at, or below, a cost in rent or mortgage payments equivalent to not more than thirty per cent of the annual income of individuals and families earning sixty per cent of the median income of the state or the area median income as determined by the United States Department of Housing and Urban Development, whichever is less.\n(2) A qualifying transit-oriented community shall allow, as of right, the conversion of any residential development or commercial development into any development described in subdivision (1) of this subsection on any lot located in a transit-oriented district.\n(3) For developments that result in the development of ten or more dwelling units as of right pursuant to subdivision (1) or (2) of this subsection, a municipality may enact zoning regulations that require commercial uses to be permitted on the ground level of any multistory development in accordance with guidance developed by the secretary under subsection (k) of this section, except that provisions of this subdivision shall not apply to dwelling units developed by a religious organization, as defined in section 49-31k.\n(4) Notwithstanding the provisions of this subsection, if a proposed development is required to have a public hearing by the inland wetlands agency of the municipality, such proposed development shall receive such public hearing prior to such development's approval.\n(f) Each qualifying transit-oriented community shall require that any proposed development within any transit-oriented district that contains ten or more dwelling units that are not allowed as of right under subsection (e) of this section be subject to a deed restriction that requires, for not less than forty years after the initial occupation of the proposed development, that a percentage of dwelling units, as set forth in subsection (g) of this section, be sold or rented at, or below, a cost in rent or mortgage payments equivalent to not more than thirty per cent of the annual income of individuals and families earning sixty per cent of the median income of the state or the area median income as determined by the United States Department of Housing and Urban Development, whichever is less.\n(g) The percentage of deed-restricted dwelling units required pursuant to subdivision (1) of subsection (f) of this section shall be determined based upon sales market typologies as described in the most recent Connecticut Housing Finance Authority Housing Needs Assessment as follows:\n(1) Ten per cent for any municipality designated High Opportunity/Heating Market;\n(2) Ten per cent for any municipality designated High Opportunity/Cooling Market; and\n(3) Five per cent for any municipality designated Low Opportunity/Heating Market.\n(h) Any municipality that has adopted a transit-oriented district before January 1, 2026, shall be eligible to receive funding from the housing growth program for developments in such district, regardless of whether such municipality is a qualifying transit-oriented community, provided such municipality meets the eligibility criteria for such funding. Nothing in this section shall be construed to (1) require that a municipality that has adopted a transit-oriented district be determined to be a qualifying transit-oriented community, or (2) authorize the secretary to deem a municipality a qualifying transit-oriented community without the approval of such municipality.\n(i) Each qualifying transit-oriented community shall be eligible for additional funding pursuant to any program administered by the secretary if such community implements additional zoning criteria, including, but not limited to, higher density development, greater affordability of housing units than is required in subsection (h) of this section, the development of public land or public housing, the implementation of programs to encourage homeownership opportunities within such community and any additional criteria determined by the secretary.\n(j) (1) The secretary, in consultation with the Council on Housing Development established pursuant to section 8-13ii, shall develop guidelines concerning transit-oriented districts within qualifying transit-oriented communities, including, but not limited to, prioritizing mixed-use and mixed-income developments; increasing the availability of affordable housing; ensuring appropriate environmental considerations in the development of such districts, with an emphasis on the analysis of any potential impacts on environmental justice communities, as defined in section 22a-20a; increasing ridership of mass transit systems; increasing the feasibility of walking, biking and utilizing other means of mobility other than motor vehicle travel; reducing the need for motor vehicle travel and parking pursuant to subsection (d) of section 8-2 and sections 8-3n and 8-3o; maximizing the availability of developable land; increasing the economic viability of development projects; reducing the length of time required to approve applications for development; lot size; lot coverage; setback requirements; floor area ratio; height restrictions; and inclusionary zoning requirements. Such guidelines may include model ordinances, regulations or bylaws that may be adopted by a municipality pursuant to section 8-2. Except as provided in subdivision (2) of this subsection, any regulations developed by a qualifying transit-oriented community concerning transit-oriented districts within such community shall substantially comply with the guidelines adopted by the secretary. The secretary, or the secretary's designee, may offer technical assistance to any qualifying transit-oriented community concerning the adoption of such regulations.\n(2) If a qualifying transit-oriented community seeks to adopt regulations concerning a transit-oriented district that do not substantially comply with the guidelines developed pursuant to subdivision (1) of this subsection, or subsection (e) or (f) of this section, such community shall seek an exemption by submitting an application, in a form and manner prescribed by the secretary, that specifies the reasons such community seeks to adopt regulations that do not substantially comply with the guidelines developed by the secretary, or subsection (e) or (f) of this section, except no community may seek an exemption from the provisions of subsection (e) or (f) of this section unless the secretary determines such community is a qualifying transit-oriented community pursuant to subsection (h) of this section. Not later than sixty days after the receipt of any such application, the secretary shall approve or deny such exemption in writing. The secretary shall not unreasonably withhold approval for any such exemption.\n(3) If an application submitted pursuant to subdivision (2) of this subsection is denied by the secretary, the transit-oriented community that submitted such application may opt out of the provisions of this section and no longer qualify for funding from the housing growth program, provided such community shall return any funding such community had received from such program pursuant to this section.\n(k) The secretary, or the secretary's designee, may provide a municipality with an interpretation or written guidance concerning whether zoning regulations adopted or proposed to be adopted by such municipality, concerning a transit-oriented district, comply with the requirements of section 8-2. Nothing in this subsection shall be construed to allow the secretary to impose any additional requirement upon any such district or municipality that is not specified in this section or section 8-2.","path":["TITLE 8. ZONING, PLANNING, HOUSING AND ECONOMIC AND COMMUNITY DEVELOPMENT","CHAPTER 124b. INCENTIVE HOUSING ZONES AND HOUSING GROWTH PLANNING"],"source_url":"https://www.cga.ct.gov/2026/sup/chap_124b.htm#sec_8-13hh","current_through":"Revised to January 1, 2026 (2026 Supplement to the General Statutes of Connecticut, applied over the base revision of January 1, 2025)","vintage":"","retrieved_at":"2026-09-06T19:07:21Z","sha256":"cdba9bcb9cb5070622cebcdc78df27fc0a5a650677831975581852cc6e119f5f","source_id":"us-ct","stale":false,"prev":"us-ct/conn.-gen.-stat.-8-13gg","next":"us-ct/conn.-gen.-stat.-8-13ii"},"notice":"GroundRules: Original legal text. Not legal advice."}