Connecticut Seal

Substitute House Bill No. 6704

Public Act No. 05-263

AN ACT CONCERNING THE DEFINITION OF LAKES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) Annually, the joint standing committee of the General Assembly having cognizance of matters relating to planning and development shall conduct a study of the definitions of bodies of water, including, but not limited to, lakes, that may be used by local zoning authorities in ordinances adopted under section 8-2 of the general statutes. Not later than January 1, 2006, and annually thereafter, said committee shall submit a report, in accordance with section 11-4a of the general statutes, to the General Assembly on its findings and recommendations.

Sec. 2. Section 8-2k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

[On and after April 1, 2004] (a) For the period from the effective date of this section until October 1, 2006, the zoning regulations of a municipality, adopted under any special act or section 8-2, shall not authorize the construction of structures, accessory structures and other improvements the total area of which is more than twelve thousand square feet, excluding parking areas, on contiguous parcels of land under common ownership and such construction is within two thousand feet of the boundary of any lake [,] that exceeds five hundred acres. The provisions of this section shall [not apply to reservoirs] apply to lakes or other bodies of water that have the characteristics of both a lake and reservoir but shall not apply to storage reservoirs or distribution reservoirs or to any part of a lake, pond or stream tributary that is a storage reservoir or distribution reservoir. As used in this section, "storage reservoir" means an artificial impoundment of substantial amounts of water, used or designed for the storage of a public water supply and the release thereof to a distribution reservoir, and "distribution reservoir" means a reservoir from which water is directly released into pipes or pipelines leading to treatment or purification facilities or connected directly with distribution mains of a public water system.

(b) A municipality shall be exempt from this section if the municipality has in place a plan of conservation and development that has been revised, updated and approved under section 8-23.

Sec. 3. Section 8-2k of the general statutes is repealed. (Effective October 1, 2006)

Approved July 13, 2005