Sec. 8-26a. Effect of change in subdivision or zoning regulations or boundaries of districts after approval of plan.
Sec. 8-26a. Effect of change in subdivision or zoning regulations or boundaries
of districts after approval of plan. (a) Notwithstanding the provisions of any general
or special act or local ordinance, when a change in the subdivision regulations is adopted
by the planning commission of any town, city or borough, or other body exercising the
powers of such commission, no subdivision plan which has been approved, prior to the
effective date of such change, by such planning commission or other body, and filed or
recorded with the town clerk, shall be required to conform to such change.
(b) (1) Notwithstanding the provisions of any general or special act or local ordinance, when a change is adopted in the zoning regulations or boundaries of zoning
districts of any town, city or borough, no lot or lots shown on a subdivision or resubdivision plan for residential property which has been approved, prior to the effective date
of such change, by the planning commission of such town, city or borough, or other
body exercising the powers of such commission, and filed or recorded with the town
clerk, shall be required to conform to such change.
(2) (A) Any construction on a vacant lot shown on a subdivision or resubdivision
plan approved before, on or after June 1, 2004, shall not be required to conform to a
change in the zoning regulations or boundaries of zoning districts in a town, city or
borough adopted after the approval of the subdivision or resubdivision. Notwithstanding
subdivision (1) of this subsection, any construction on an improved lot shown on a
subdivision or resubdivision plan approved before, on or after June 1, 2004, shall be
required to conform to a zoning change adopted subsequent to said lot becoming an
improved lot.
(B) For purposes of this subsection, (i) a lot shall be deemed vacant until the date
a building permit is issued with respect thereto and a foundation has been completed in
accordance with such building permit but shall not be deemed vacant if any structures
on such lot are subsequently demolished, and (ii) a lot shall be deemed improved after
the date a building permit is issued with respect thereto and a foundation has been
completed in accordance with such building permit.
(3) This subsection shall not alter or affect a nonconforming use or structure as
provided in section 8-2.
(1959, P.A. 58; 59; February, 1965, P.A. 422; 1969, P.A. 396; 1971, P.A. 215; P.A. 84-147, S. 2; P.A. 04-210, S. 1;
P.A. 05-288, S. 42.)
History: 1965 act amended Subsec. (b) to provide buildings to be erected on lots in already approved subdivision shall
not be required to conform to changes in zoning regulations; 1969 act replaced in Subsecs. (a) and (b) the deadlines for
conforming to changes in regulations, i.e., from "three years ... from approval of subdivision plan" to "five years ... from
the effective date of such change"; 1971 act deleted qualifying phrase "for residential property" modifying "subdivision
plan"; P.A. 84-147 removed references to a five-year deadline for conformity with changes in subdivision regulations or
zoning regulations or boundaries; P.A. 04-210 amended Subsec. (b) by designating existing provisions as Subdiv. (1) and
applying said provisions to resubdivisions and by adding new Subdivs. (2) and (3) exempting construction on vacant lots
from conformance to zoning changes, requiring construction on improved lots to conform to such changes and specifying
that provisions of statute do not alter status of nonconforming uses or structures, effective June 1, 2004; P.A. 05-288 made
technical changes in Subsec. (b)(2)(A), effective July 13, 2005.
See Secs. 8-28a and 8-28b re guarantee that change in zoning regulations or districts or in subdivision regulations does
not affect approved subdivision plan.
Subdivision plan must have been formally approved prior to effective date of change in order to be covered by this
section. 148 C. 299. Cited. 153 C. 194. Not applicable where plaintiffs had filed maps of subdivisions prior to adoption
of regulations where subdivision plan had never been approved. 155 C. 185.
Cited. 25 CA 85. Cited. 35 CA 820.
Subsec. (b):
Cited. 36 CA 98. Plaintiff's' 1954 subdivision plan that included his lot and was approved, filed and recorded in the
town placed lot within the scope of subsection and gave plaintiff a vested right; any subsequently enacted regulations are
not applicable to plaintiff and do not prevent plaintiff from receiving a zoning permit for subsequent improvements that
would otherwise violate subsequently enacted regulations. 75 CA 289.