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Senate
SB361 / File No. 295 1
General Assembly File No. 295
February Session, 2026 Senate Bill No. 361
Senate, April 1, 2026
The Committee on Planning and Development reported
through SEN. RAHMAN of the 4th Dist., Chairperson of the
Committee on the part of the Senate, that the bill ought to pass.
AN ACT CONCERNING FEES IN LIEU OF SIDEWALK
REQUIREMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) ( Effective October 1, 2026 ) (a) Notwithstanding the 1
provisions of any special act, any municipal planning commission, 2
zoning commission or combined planning and zoning commission may 3
adopt regulations that allow an applicant to pay a fee to the municipality 4
in lieu of meeting any requirement or condition to construct and 5
maintain a public sidewalk in connection with a proposed development, 6
provided no such application shall be approved by the municipality 7
unless the commission finds the construction of such sidewalk is 8
unnecessary or impractical for such development. 9
(b) Any such regulations shall provide that the amount of such fee 10
shall be determined in accordance with a formula or schedule of fees set 11
forth in such regulations and that no such fee shall be imposed or paid 12
without the consent of the applicant and the commission. 13
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(c) Any such regulations may limit the areas of the municipality in 14
which a fee in lieu of public sidewalk requirements may be considered. 15
(d) Any fee paid to the municipality pursuant to this section shall be 16
deposited in a fund established by the municipality. Such fund shall be 17
used solely for the construction or maintenance of public sidewalks in 18
the municipality. The proceeds of such fund shall not be used for 19
operating expenses of any kind or be considered a part of the municipal 20
general fund. Expenditures from such fund shall be authorized in the 21
same manner as any other capital expenditure of the municipality. Any 22
income earned by any moneys on deposit in such fund shall accrue to 23
the fund. 24
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 New section
PD Joint Favorable
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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
State Impact: None
Municipal Impact:
Municipalities Effect FY 27 $ FY 28 $
Various Municipalities Potential
Revenue
Gain
Potential Potential
Explanation
The bill allows municipalities to include a fee in their zoning
regulations that developers can pay in lieu of sidewalk construction if it
meets certain criteria. This results in a potential revenue gain to
municipalities beginning in FY 27 to the extent fees are paid. Any
revenue gain is dependent on the number of fees in lieu of sidewalk
construction and the amount.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the number of fees.
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OLR Bill Analysis
SB 361
AN ACT CONCERNING FEES IN LIEU OF SIDEWALK
REQUIREMENTS.
SUMMARY
This bill broadly allows municipal planning and zoning commissions
to include provisions in their zoning and subdivision regulations
allowing a developer to pay a fee in lieu of sidewalk construction
(FILOS), under certain conditions . The authority extends to
commissions regardless of any conflicting special acts . (Some
municipalities exercise land use powers under a special act, rather than
the statutes.)
In practice, some Connecticut municipalities have interpreted state
law as allowing FILOS provisions in zoning regulations. State law does
not allow FILOS provisions in subdivision regulations.
EFFECTIVE DATE: October 1, 2026
FILOS PROVISIONS ALLOWED
The bill allows planning and zoning commissions to include FILOS
provisions in their regulations. This means that local zoning or
subdivision regulations may include provisions allowing an applicant
(developer) to ask to pay a fee instead of complying with regulations on
public sidewalk construction and maintenance. But commissions may
accept a FILOS only if the sidewalk required by regulations would be
unnecessary or impractical for the proposed development.
Under the bill, FILOS regulations must include a formula or schedule
for setting the fee. Regulations may limit when a developer can ask to
pay a FILOS by specifying that the commission will only consider them
in certain areas of the town.
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Using Collected Fees
Any collected FILOS must be put in a fund that is only used to pay
for public sidewalk construction and maintenance. Municipalities must
approve spending from the fund in the same way they approve other
capital projects.
The bill specifies that (1) income earned on deposited FILOS accrues
to the fund and (2) the fund cannot be used for operating expenses or be
deemed part of the municipality’s general fund.
COMMITTEE ACTION
Planning and Development Committee
Joint Favorable
Yea 13 Nay 8 (03/13/2026)