Obligatory off-street parking spaces for small residential projects in Connecticut will soon be obsolete. Beginning July 1, 2026, municipalities generally can no longer demand the construction of a minimum number of off-street parking spaces in developments containing 16 units or less, and local land use boards and commissions cannot deny a development plan for these projects based on inadequacy of parking. These changes are included in “An Act Concerning Mandatory Minimum Parking Requirements,” (Public Act 25-1). The new requirements apply to all municipalities, whether they exercise zoning authority under Connecticut General Statues Sec. 8-2 or by special act. Under the Act, off-street parking cannot be required “unless the lack of parking will have a specific adverse impact on public health and safety that cannot be mitigated through approval conditions that have no substantial adverse impact on the project’s viability.”
The driving force behind the legislation was an effort to lower housing costs, encourage development and reduce environmental impacts resulting from impervious surfaces, which proponents claimed were hindered by parking mandates and the expense that parking spaces add to development costs. While the minimum requirements for developments up to 16 units have been eliminated, developers may still construct parking spaces in their projects based on the market demand they envision.
For projects with 17 units or more, municipalities may adopt parking requirements, but they are “rebuttable” by the proposed developer. Municipalities must permit developers to submit, at their cost, a parking needs assessment to justify reduced parking ratios that a municipality might otherwise require. For these projects, approvals will be conditioned on either the lesser of one space per studio or one-bedroom unit and two spaces with units containing two or more bedrooms, or the number of spaces recommended by the parking needs assessment. The assessment must analyze available public and private parking that may be used, public transportation options that the development’s tenants may use that mitigate the need for off-street parking, projected future needs for off-street parking for the proposed development, and any relevant local traffic, parking or safety study.
Towns and cities can create up to two “traffic mitigation districts,” covering no more than 4% of municipal land area, where parking mandates may still be imposed on developments up to 15 units, generally subject to the same opportunity for submission of a parking needs assessments, applicable to projects of 17 units or more. Municipalities must submit property descriptions of the traffic mitigation districts to the Office of Policy and Management.
Carmody’s Real Estate & Land Use practice group continues to monitor legislation affecting real estate, zoning and development in Connecticut. For more information, please contact Carmody’s Real Estate & Land Use lawyers:
Liz Suchy
Partner
203.252.2656
[email protected]
This information is for educational purposes only, to provide general information and a general understanding of the law. It does not constitute legal advice and does not establish any attorney-client relationship.