Executive Orders and other guidance on public meeting and application protocols


See below for 

  • Gov. Lamont's Executive Orders of relevance to planners
  • Guidance Documents

Municipalities should consult with their town attorneys on all COVID-19 compliance questions. Visit ct.gov for a full list of executive orders.

Executive Orders

March 10, 2020: Declaration of Civil Preparedness and Public Health Emergencies

https://portal.ct.gov/-/media/Office-of-the-Governor/News/20200310-declaration-of-civil-preparedness-and-public-health-emergency.pdf

March 14, 2020: Governor Ned Lamont's Executive Order 7b (See Public Participation Technology for more information)

  • Suspends any municipal open meeting provision to enable meetings to occur remotely, provided that
  1. the public has the ability to view or listen to each meeting in real time
  2. the meeting is recorded or transcribed and posted on the agency's website within seven days
  3. Required notice and agenda for each meeting is posted on the agency's website, with information about how the public may access it
  4. Relevant materials shall be submitted to the agency at least 24 hours prior to the meeting and posted prior to, during, and after the meeting
  5. All speakers taking part in the meeting shall clearly state their name (and title, if applicable) before speaking , on each occasion they speak.
March 21, 2020: Executive Order 7i extends municipal deadlines and other requirements, also see State of CT FAQ updated 3/22 10 pm and CCM Guidance Document #3:
  • (a) Extends statutory deadlines for land use applications and proceedings that would  pass/expire during the current designated emergency by 90 days, in addition to any other statutory or regulatory extension provisions. A single 90-day extension is authorized for any individual petition/application proposal.
  • (b) If a demolition delay would commence or expire during the emergency, extends demolition delay by 90 days.
  • (c) Suspends and modifies public notice/filing rules to allow posting on a municipality's public website instead of the town clerk's office or newspaper. Notice shall remain on the website until completion of the process and for the duration of any applicable appeal period.
  • (d) Allows notices normally required to be filed in the office of the municipal clerk to be posted on the municipal website.
  • (e) Allows for the posting on a municipal website to replace a required posting of a physical sign on a property.
  • (f) Required direct mail notifications may be substituted with 1) posting of physical sign on the subject property, or 2) emailing the person to be notified, if email address is known. If 1 or 2 are not possible then notification shall be made via regular U.S. mail.
  • (g) Petitions may be filed electronically, with electronic signatures.
  • (h) Commencement of an appeal to Superior Court may be noticed by a proper officer via email to the designated municipal clerk. Municipal websites must clearly state the designated email address for this process.
  • (i) Zoning and Wetlands Enforcement decision appeals may be commenced via electronic mail (deadlines for requesting appeal are not extended).
  • (j)(1) Municipality shall, upon reopening of relevant office, file electronic records in the permanent office records.
  • (j)(2) Any document required to be recorded or filed with the municipal clerk shall be recorded or filed within a reasonable time of the office reopening.
  • (j)(3) Head of agency may declare a waiver of requirements that applications must be made via paper copy or in duplicate.

March 23, 2020: Executive Order No. 7K

  • Authorization of remote notarization

March 25, 2020: Executive Order No. 7M

  • Tolling of time periods for DOT final determinations on permits
  • Suspension of mandatory statutory filing requirements for FOIA appeals and decisions
  • Authorization of state agencies to extend statutory regulatory administrative deadlines by 90 days

April 9, 2020: Executive Order No. 7W

  • Renewal date for on-premise liquor permits to be extended
  • Permit need not be recorded with town clerk

May 6, 2020: Executive Order No. 7JJ

  • Tolling of land use and building permits
  • Allowance of suspension of in-person voting requirements by members of the public for critical and time-sensitive municipal decisions

May 12, 2020: Executive Order No. 7MM (See Outdoor Activities for more information)

  • Allows municipalities to expedite changes to their zoning rules or other ordinances to expand outdoor dining
  • Creates an expedited approval process for restaurants and other establishments that serve food to get fast-tracked permission to create or expand outdoor dining areas
  • Allows other businesses such as retail stores to get fast-tracked permission to sell goods on the sidewalk or in other outdoor areas, including shared spaces or spaces provided by municipalities
  • Allows restaurants and other businesses who already have liquor permits to serve alcohol only with food without applying for a separate patio or extension of use permit
  • Allows private clubs to sell alcohol only to their members for delivery or pickup.

August 21, 2020: Executive Order No. 7OOO

  • Extends expanded outdoor dining enabled by Executive Order 7MM to November 12, 2020
  • Extend eviction moratorium to October 1, 2020.

September 1, 2020: Extension of Declaration of Civil Preparedness and Public Health Emergencies

September 8, 2020: Executive Order No. 9A

  • Reissuance and extension of COVID-19 executive orders to November 9, 2020
  • Extension of agency and municipality orders of concurrent duration with public health and civil preparedness emergencies


Guidance Materials

CLEAR 3/26 Webinar: Emergency Changes to the Land Use Process in the COVID-19 Era

March 18, 2020, CCM, COST, and CTCOG guidance document on Suspension of In Person Open Meeting Requirements

Shipman & Goodwin Summary of 7i

Analysis of 7b and 7i prepared by Attorney Steven E. Byrne


Suggested introductory announcement (customize as appropriate):

"Participants are reminded to state your name and title before speaking. Please help us make this conference call as useful as possible by keeping your phone on mute when not speaking. We are keeping the line open to all participants by default, but if background noise becomes a problem, we will mute all participants and ask participants to dial XX to request to be selectively unmuted.

 

Also note that we will be recording this meeting to comply with open meeting requirements."