Two land-use proposals could cause problems
 
(March 28, 2008) Two bills currently working their way through the legislature could have significant unintended consequences for businesses and homeowners in Connecticut. 

HB-5606 could affect many small and large businesses as well as residences by prohibiting the storage or disposal of certain wastes — even if allowed by permit under current law — at any location next to residential property. 

Many communities have mixed-use zones where commercial and residential properties are in close proximity to one another. For example, a neighborhood hardware store, hair salon, dentist office or other type of business that uses common materials that are potentially harmful to human health or the environment if misused would likely be affected by the law. 

The proposal also is unclear about whether its prohibitions would apply to existing locations where such materials have been stored or disposed of adjacent to residential properties.

HB-5874 is another well-intentioned bill that would undermine the state’s real estate market. Under this proposal, anyone seeking to sell residential property would first have to determine (or pay someone to determine) whether the property is located within 300 feet of a release that is simply reportable to the state Department of Environmental Protection (DEP). 

The problem is, the DEP believes current law requires that any spill of any substance must be reported to the agency. Consequently, the DEP receives about 8,000 such reports each year. 

HB-5784 goes on to require similar determinations regarding whether a property is within 300 feet of any of seven other types of sites that might be found on state or federal watch lists. 

CBIA believes these bills, while well-intentioned, are impractical and we are working to ensure they do not pass in their current form.

For more information, contact Eric Brown at 860-244-1926 or eric.brown@cbia.com.