AN ACT CONCERNING UTILITY CONNECTIONS FOR ACCESSORY DWELLING UNITS.

Substitute House Bill No. 5288

Public Act No. 26-7

AN ACT CONCERNING UTILITY CONNECTIONS FOR ACCESSORY
DWELLING UNITS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Subdivisions (1) and (2) of subsection (b) of section 8 -1a of
the 2026 supplement to the general statutes are repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
(1) ["Accessory apartment" ] "Accessory dwelling unit " means a
separate dwelling unit that (A) is located on the same lot as a principal
dwelling unit of greater square footage, (B) has cooking facilities, and
(C) complies with or is otherwise exempt from any applicable building
code, fire code and health and safety regulations;
(2) ["Affordable accessory apartment" ] "Affordable accessory
dwelling unit " means an accessory [apartment] dwelling unit that is
subject to binding recorded deeds which contain covenants or
restrictions that require such accessory [apartment] dwelling unit be
sold or rented at, or below, prices that will preserve the unit as housing
for which, for a period of not less than ten years, persons and families
pay thirty per cent or less of income, where such income is less than or
equal to eighty per cent of the median income;
Sec. 2. Section 8 -2o of the 2026 supplement to the general statutes is
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repealed and the following is substituted in lieu thereof (Effective October
1, 2026):
(a) Any zoning regulations adopted pursuant to section 8 -2 or any
special act shall:
(1) Designate locations or zoning districts within the municipality in
which accessory [apartments] dwelling units are allowed, provided at
least one accessory [apartment] dwelling unit shall be allowed as of
right on each lot that contains a single -family dwelling and no such
accessory [apartment] dwelling unit shall be required to be an
affordable accessory [apartment] dwelling unit;
(2) Allow accessory [apartments] dwelling units to be attached to or
located within the proposed or existing principal dwelling, or detached
from the proposed or existing principal dwelling and located on the
same lot as such dwelling;
(3) Set a maximum net floor area for an accessory [apartment]
dwelling unit of not less than thirty per cent of the net floor area of the
principal dwelling, or one thousand square feet, whichever is less,
except that such regulations may allow a larger net floor area for such
[apartments] accessory dwelling units;
(4) Require setbacks, lot size and building frontage less than or equal
to that which is required for the principal dwelling, and require lot
coverage greater than or equal to that which is required for the principal
dwelling;
(5) [Provide for ] Not require height, landscaping [and] or
architectural design standards that [do not] exceed any such standards
[as they are applied ] applicable to single -family dwellings in the
municipality;
(6) [Be prohibited from requiring ] Not require (A) a passageway
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between any such accessory [apartment] dwelling unit and any such
principal dwelling, (B) an exterior door for any such accessory
[apartment] dwelling unit, except as required by the applicable building
or fire code, (C) any more than one parking space for any such accessory
[apartment] dwelling unit, or fees in lieu of parking otherwise allowed
by section 8 -2c, (D) a familial, marital or employment relationship
between occupants of the principal dwelling and the accessory
[apartment] dwelling unit , (E) a m inimum age for occupants of the
accessory [apartment] dwelling unit , (F) separate billing of utilities
otherwise connected to, or used by, the principal dwelling unit, or (G)
periodic renewals for permits for such accessory [apartments] dwelling
units; and
(7) Be interpreted and enforced such that nothing in this section shall
be in derogation of (A) applicable building code requirements, (B) the
ability of a municipality to prohibit or limit the use of accessory
[apartments] dwelling units for short-term rentals or vacation stays, or
(C) other requirements where a well or private sewerage system is being
used, provided approval for any such accessory [apartment] dwelling
unit shall not be unreasonably withheld.
(b) The [as of right] as-of-right permit application and review process
for approval of an accessory [apartments] dwelling unit shall require
that a decision on any such application be rendered not later than sixty-
five days after receipt of such application by the applicable zoning
commission, except that an applicant may consent to one or more
extensions of not more than an addi tional sixty -five days or may
withdraw such application.
(c) A municipality shall not (1) condition the approval of an accessory
[apartment] dwelling unit on the correction of a nonconforming use,
structure or lot, or (2) require the installation of fire sprinklers in an
accessory [apartment] dwelling unit if such sprinklers are not required
for the principal dwelling located on the same lot or otherwise required
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by the fire code.
(d) [A] No municipality, special district, sewer or water authority or
water company, as defined in section 16 -1, shall [not] (1) consider an
accessory [apartment] dwelling unit to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service, unless such accessory [apartment]
dwelling unit was constructed with a new single-family dwelling on the
same lot, or (2) require the installation of a new or separate utility
connection directly to an accessory [apartment] dwelling unit or impose
a related connection fee or capacity charge.
(e) If a municipality fails to adopt new regulations or amend existing
regulations by January 1, 2023, for the purpose of complying with the
provisions of subsections (a) to (d), inclusive, of this section, and unless
such municipality opts out of the provisio ns of said subsections in
accordance with the provisions of subsection (f) of this section, any
noncompliant existing regulation shall become [null and] void and such
municipality shall approve or deny applications for accessory
[apartments] dwelling u nits in accordance with the requirements for
regulations set forth in the provisions of subsections (a) to (d), inclusive,
of this section until such municipality adopts or amends a regulation in
compliance with said subsections. A municipality may not use or
impose additional standards beyond those set forth in subsections (a) to
(d), inclusive, of this section.
(f) Notwithstanding the provisions of subsections (a) to (d), inclusive,
of this section, the zoning commission or combined planning and
zoning commission, as applicable, of a municipality, by a two -thirds
vote, may initiate the process by which such municipal ity opts out of
the provisions of said subsections regarding the allowance of accessory
[apartments] dwelling units, provided such commission: (1) First holds
a public hearing in accordance with the provisions of section 8 -7d on
such proposed opt -out, (2) affirmatively decides to opt out of the
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provisions of said subsections within the period of time permitted under
section 8-7d, (3) states in the records of such commission the reasons for
such decision, and (4) publishes notice of such decision in a newspaper
having a substantial circulation in the municipality not later than fifteen
days after such decision has been rendered. Thereafter, the
municipality's legislative body or, in a municipality where the
legislative body is a town meeting, such municipality's board of
selectmen, by a two -thirds vote, may complete the process by which
such municipality opts out of the provisions of subsections (a) to (d),
inclusive, of this section, except that, on and after January 1, 2023, no
municipality may opt out of the provisions of said subsections.
(g) Notwithstanding any prior action of the municipality to opt out
of the provisions of subsections (a) to (d), inclusive, of this section,
pursuant to subsection (f) of this section, any owner of real property
located within a transit -oriented district, as d efined in section 8 -13hh,
who has owned such real property located within a transit -oriented
district in the municipality for not fewer than three years, may construct
an accessory [apartment] dwelling unit on such real property as of right,
provided such accessory [apartment] dwelling unit complies with any
structural or architectural requirements imposed by any zoning
regulations adopted pursuant to section 8-2.
Sec. 3. Section 7 -245 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2026):
For the purposes of this chapter: (1) "Acquire a sewerage system"
means obtain title to all or any part of a sewerage system or any interest
therein by purchase, condemnation, grant, gift, lease, rental or
otherwise; (2) "alternative sewage treatment syste m" means a sewage
treatment system serving one or more buildings that utilizes a method
of treatment other than a subsurface sewage disposal system and that
involves a discharge to the groundwaters of the state; (3) "community
sewerage system" means any se werage system serving two or more
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residences in separate structures which is not connected to a municipal
sewerage system or which is connected to a municipal sewerage system
as a distinct and separately managed district or segment of such system,
but does not include any sewerage system s erving only a principal
dwelling unit and an accessory [apartment] dwelling unit, as defined in
section 8 -1a, as amended by this act , located on the same lot; (4)
"construct a sewerage system" means to acquire land, easements, rights-
of-way or any other real or personal property or any interest therein,
plan, construct, reconstruct, equip, extend and enlarge all or any part of
a sewera ge system; (5) "decentralized system" means managed
subsurface sewage disposal systems, managed alternative sewage
treatment systems or community sewerage systems that discharge
sewage flows of less than five thousand gallons per day, are used to
collect a nd treat domestic sewage, and involve a discharge to the
groundwaters of the state from areas of a municipality; (6)
"decentralized wastewater management district" means areas of a
municipality designated by the municipality through a municipal
ordinance when an engineering report has determined that the existing
subsurface sewage disposal systems may be detrimental to public health
or the environment and that decentralized systems are required and
such report is approved by the Commissioner of Energy and
Environmental Protection with concurring approval by the
Commissioner of Public Health, after consultation with the local
director of health; (7) "electronic equipment" means any technology that
facilitates real-time communication between two or more indivi duals,
including, but not limited to, telephonic, video and other conferencing
platforms; (8) "municipality" means any metropolitan district, town,
consolidated town and city, consolidated town and borough, city,
borough, village, fire and sewer district, sewer district and each
municipal organization having authority to levy and collect taxes; (9)
"operate a sewerage system" means own, use, equip, reequip, repair,
maintain, supervise, manage, operate and perform any act pertinent to
the collection, transpo rtation and disposal of sewage; (10) "person"
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means any person, partnership, corporation, limited liability company,
association or public agency; (11) "remediation standards" means
pollutant limits, performance requirements, design parameters or
technical standards for application to existing sewage discharges in a
decentralized wastewater management district for the improvement of
wastewater treatment to protect public health and the environment; (12)
"sewage" means any substance, liquid or solid, which may contaminate
or pollute or affect the cleanl iness or purity of any water; and (13)
"sewerage system" means any device, equipment, appurtenance, facility
and method for collecting, transporting, receiving, treating, disposing of
or discharging sewage, including, but not limited to, decentralized
systems within a decentralized wastewater management district when
such district is established by municipal ordinance pursuant to section
7-247.
Sec. 4. Subdivisions (1) and (2) of subsection (e) of section 8-23 of the
2026 supplement to the general statutes are repealed and the following
is substituted in lieu thereof (Effective October 1, 2026):
(e) (1) Any such plan of conservation and development adopted prior
to October 1, 2027, shall (A) be a statement of policies, goals and
standards for the physical and economic development of the
municipality, (B) provide for a system of principal thoroughfares,
parkways, bridges, streets, sidewalks, multipurpose trails and other
public ways as appropriate, (C) be designed to promote, with the
greatest efficiency and economy, the coordinated development of the
municipality and the general welfare and prosper ity of its people and
identify areas where it is feasible and prudent (i) to have compact,
transit accessible, pedestrian-oriented mixed use development patterns
and land reuse, and (ii) to promote such development patterns and land
reuse, (D) recommend th e most desirable use of land within the
municipality for residential, recreational, commercial, industrial,
conservation, agricultural and other purposes and include a map
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showing such proposed land uses, (E) recommend the most desirable
density of population in the several parts of the municipality, (F) note
any inconsistencies with the following growth management principles:
(i) Redevelopment and revitalization of commercial centers and areas of
mixed land uses with existing or planned physical infrastructure; (ii)
expansion of housing opportunities and design choices to accommodate
a variety of household types and needs; (iii) concentration of
development around transporta tion nodes and along major
transportation corridors to support the viability of transportation
options and land reuse; (iv) conservation and restoration of the natural
environment, cultural and historical resources and existing farmlands;
(v) protection of environmental assets critical to public health and
safety; and (vi) integration of planning across all levels of government
to address issues on a local, regional and state -wide basis, (G) make
provision for the development of housing opportunities, inclu ding
opportunities for multifamily dwellings, consistent with soil types,
terrain and infrastructure capacity, for all residents of the municipality
and the planning region in which the municipality is located, as
designated by the Secretary of the Office of Policy and Management
under section 16a -4a, (H) promote 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 identifie d in the state's consolidated plan
for housing and community development prepared pursuant to section
8-37t and in the housing component and the other components of the
state plan of conservation and development prepared pursuant to
chapter 297, and (I) co nsider allowing older adults and persons with a
disability the ability to live in their homes and communities whenever
possible. Such plan may: (i) Permit home sharing in single-family zones
between up to four adult persons of any age with a disability or who are
sixty years of age or older, whether or not related, who receive
supportive services in the home; (ii) allow accessory [apartments]
dwelling units for persons with a disability or persons sixty years of age
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or older, or their caregivers, in all residential zones, subject to municipal
zoning regulations concerning design and long-term use of the principal
property after it is no longer in use by such persons; and (iii) expand the
definition of "family" in sing le-family zones to allow for accessory
[apartments] dwelling units for persons sixty years of age or older,
persons with a disability or their caregivers. In preparing such plan the
commission shall consider focusing development and revitalization in
areas with existing or planned physical infrastructure.
(2) Any such plan of conservation and development adopted on or
after October 1, 2027, shall (A) be a statement of policies, goals and
standards for the physical and economic development of the
municipality; (B) provide for a system of principal thoroughfares,
parkways, bridges, streets, sidewalks, multipurpose trails and other
public ways as appropriate; (C) be designed to promote, with the
greatest efficiency and economy, the coordinated development of the
municipality and the general welfare and prosperi ty of its people and
identify areas where it is feasible and prudent (i) to have compact,
transit-accessible, pedestrian-oriented mixed use development patterns
and land reuse, and (ii) to promote such development patterns and land
reuse; (D) (i) include a climate change vulnerability assessment, based
on information from considerations described in subsection (d) of this
section, which shall consist of an assessment of existing and anticipated
threats to and vulnerabilities of the municipality that are associated with
natural disasters, hazards and climate change, including, but not limited
to, increased temperatures, drought, flooding, wildfire, storm damage
and sea level rise, saltwater intrusion and the impacts such disasters and
hazards may have on indi viduals, communities, institutions,
businesses, economic development, public infrastructure and facilities,
public health, safety and welfare, (ii) identify goals, policies and
techniques to avoid or reduce such threats, vulnerabilities and impacts,
and (i ii) include a statement describing any consistencies and
inconsistencies identified between such assessment and any existing or
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proposed municipal natural hazard mitigation plan, floodplain
management plan, comprehensive emergency operations plan,
emergency response plan, post -disaster recovery plan, long -range
transportation plan or capital improvement plan in the municipality,
and identify and recommend, where necessary, the integration of data
from such assessment into any such plans and any actions necessary to
achieve consistency and coordination between such assessment and any
such plans; (E) recommend the most desirable use o f land within the
municipality for residential, recreational, commercial, industrial,
conservation, agricultural and other purposes and include a map
showing such proposed land uses which considers the threats,
vulnerabilities and impacts identified in the climate change
vulnerability assessment conducted pursuant to subparagraph (D)(i) of
this subdivision; (F) recommend the most desirable density of
population in the several parts of the municipality; (G) note any
inconsistencies with the following growth management principles: (i)
Redevelopment and revitalization of commercial centers and areas of
mixed land uses with existing or planned physical infrastructure; (ii)
expansion of housing opportunities and design choices to accommodate
a variety of househol d types and needs; (iii) concentration of
development around transportation nodes and along major
transportation corridors to support the viability of transportation
options and land reuse and reduction of vehicle mileage; (iv)
conservation and restoration of the natural environment, cultural and
historical resources and existing farmlands; (v) protection of
environmental assets critical to public health and safety; and (vi)
integration of planning across all levels of government to address issues
on a loca l, regional and state -wide basis; (H) make provision for the
development of housing opportunities, including opportunities for
multifamily dwellings, consistent with soil types, terrain and
infrastructure capacity, for all residents of the municipality and the
planning region in which the municipality is located, as designated by
the Secretary of the Office of Policy and Management pursuant to
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section 16a -4a; (I) promote 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 p lan for
housing and community development prepared pursuant to section 8 -
37t and in the housing component and the other components of the state
plan of conservation and development prepared pursuant to chapter
297; (J) consider allowing older adults and pe rsons with disabilities the
ability to live in their homes and communities whenever possible; (K)
identify infrastructure, including, but not limited to, facilities, public
utilities and roadways, that is critical for evacuation purposes and
sustaining qua lity of life during a natural disaster, and that shall be
maintained at all times in an operational state; (L) identify strategies and
design standards that may be implemented to avoid or reduce risks
associated with natural disasters, hazards and climate change; and (M)
include geospatial data utilized in preparing such plan or that is
necessary to convey information in such plan. Any such plan may: (i)
Permit home sharing in single -family zones between up to four adult
persons of any age with a disability or who are sixty years of age or
older, whether or not related, who receive supportive services in the
home; (ii) allow accessory [apartments] dwelling units for persons with
a disability or persons sixty years of age or older, or their caregivers, in
all residential zones, subject to municipal zoning regulations concerning
design and long-term use of the principal property after it is no longer
in use by such persons; (iii) expand the definition of "family" in single -
family zones to allow for accessory [apartments] dwelling units for
persons sixty years of age or older, persons with a disability or their
caregivers; and (iv) identify one or more areas that are vulnerable to the
impacts of climate change for the purpose of prioritizing funding for
infrastructure needs and resiliency planning. In preparing such plan the
commission shall consider focusing development and revitalization in
areas with existing or planned physical infrastructure. The commission
or any special committee may utilize information and data from any
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natural hazard mitigation plan, floodplain management plan,
comprehensive emergency operations plan, emergency response plan,
post-disaster recovery plan, long -range transportation plan, climate
vulnerability assessment or resilience plan in the preparatio n of such
plan of conservation and development, including a document
coordinated by the applicable regional council of governments,
provided such information and data shall not be incorporated by
reference, but summarized and applied in such plan to the sp ecific
policies, goals and standards of the subject municipality.
Sec. 5. Subsection (k) of section 8 -30g of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2026):
(k) The affordable housing appeals procedure established under this
section shall not be available if the real property which is the subject of
the application is located in a municipality in which at least ten per cent
of all dwelling units in the municipality a re (1) assisted housing, (2)
currently financed by Connecticut Housing Finance Authority
mortgages, (3) subject to binding recorded deeds containing covenants
or restrictions which require that such dwelling units be sold or rented
at, or below, pri ces which will preserve the units as housing for which
persons and families pay thirty per cent or less of income, where such
income is less than or equal to eighty per cent of the median income, (4)
mobile manufactured homes located in mobile manufactured home
parks or legally approved accessory [apartments] dwelling units, which
homes or [apartments] units are subject to binding recorded deeds
containing covenants or restrictions which require that such dwelling
units be sold or rented at, or below, prices which will preserve the units
as housing for which, for a period of not less than ten years, persons and
families pay thirty per cent or less of income, where such income is less
than or equal to eighty per cent of the median income, or (5) mobile
manufactured homes located in resident -owned mobile manufactured
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home parks. For the purposes of calculating the total number of
dwelling units in a municipality, accessory [apartments] dwelling units
built or permitted after January 1, 2022, but that are not described in
subdivision (4) of this subsection, shall not be counted toward such total
number. The municipalities meeting the criteria set forth in this
subsection shall be listed in the report submitted under section 8-37qqq.
As used in this subsection, ["accessory apartment"] "accessory dwelling
unit" has the same meaning as provided in section 8-1a, as amended by
this act, and "resident-owned mobile manufactured home park" means
a mobile manufa ctured home park consisting of mobile manufactured
homes located on land that is deed restricted, and, at the time of issuance
of a loan for the purchase of such land, such loan required seventy -five
per cent of the units to be leased to persons with incomes equal to or less
than eighty per cent of the median income, and either (A) forty per cent
of said seventy-five per cent to be leased to persons with incomes equal
to or less than sixty per cent of the median income, or (B) twenty per
cent of said sevent y-five per cent to be leased to persons with incomes
equal to or less than fifty per cent of the median income.