Sec. 22a-113k. Harbor management commissions. (a) Any municipality having
within its limits navigable waters as defined in subsection (b) of section 15-3a may
establish by ordinance one or more harbor management commissions or may designate
any existing board, commission, council, committee or other agency as a harbor management commission. Any harbor management commission established under this section
may include one member representing each of the following: The planning commission,
the zoning commission, or the combined planning and zoning commission, the conservation commission, shellfish commission and flood control board. The harbor master or
deputy harbor master for the municipality shall be a nonvoting ex-officio member of
any harbor management commission. The ordinance shall designate the area within the
territorial limits of the municipality and below the mean high water that shall be within
the jurisdiction of a commission and shall set forth the number of members of a commission, their method of selection, terms of office and procedure for filling any vacancy.
(b) Notwithstanding the provisions of the general statutes or any special act, if an
existing municipal waterfront authority, municipal shellfish commission or municipal
port authority is designated as a harbor management commission, the municipality may
by ordinance increase the membership of such authority, commission or agency and
may include one member representing each of the following: The planning commission,
the zoning commission, or the combined planning and zoning commission, the conservation commission, shellfish commission and flood control board.
(c) Any two or more municipalities whose common boundaries lie within navigable
waters as defined in subsection (b) of section 15-3a may by concurrent ordinances of
their legislative bodies establish one or more harbor management commissions. Each
such commission shall consist of an equal number of members from each municipality
constituted pursuant to subsection (a). Any municipality that is a member of a commission may, by vote of its legislative body, elect to withdraw from a commission.
(P.A. 84-247, S. 1; P.A. 88-336, S. 3, 5; P.A. 90-269, S. 5, 8.)
History: P.A. 88-336 inserted new Subsec. (b) concerning membership of existing authorities designated as commissions
and relettered former Subsec. (b) as Subsec. (c); P.A. 90-269 authorized a municipality to have one or more harbor management commissions.
Sec. 22a-113l. Powers. Any commission established pursuant to section 22a-113k
is authorized to enter into contracts, employ consultants and other assistants and receive
and expend funds for equipment, supplies and staff to carry out the purposes of section
15-1, subsection (a) of section 15-7 and sections 22a-113k to 22a-113t, inclusive. Any
municipality may appropriate funds to such commission.
(P.A. 84-247, S. 2.)
History: (Revisor's note: In 1993 an incorrect internal reference to Sec. "22a-133t" was changed editorially by the
Revisors to Sec. "22a-113t").
Sec. 22a-113m. Harbor management plan. Approval. The commission, in consultation with the Commissioners of Environmental Protection and Transportation, shall
prepare or cause to be prepared a management plan for the most desirable use of the
harbor for recreational, commercial, industrial and other purposes. For those towns in
the coastal area as defined in section 22a-94, the plan shall provide for the preservation
and use of the coastal resources of the harbor in a manner consistent with the provisions
of sections 22a-90 to 22a-112, inclusive, and any municipal coastal plan adopted pursuant to section 22a-101 by any municipality that is a member of the commission. A copy
of the plan shall be forwarded to the U.S. Army Corps of Engineers for review, comments
and recommendations. Such plan shall be submitted for approval to the Commissioners
of Environmental Protection and Transportation. Said commissioners shall act on the
plan not more than sixty days after submission of such plan. Upon approval by said
commissioners, the plan may be adopted by ordinance by the legislative body of each
municipality establishing the commission. The ordinance shall specify the effective date
of the plan. A modification to the plan may be proposed at any time and shall be approved
in the same manner as the plan. The plan shall be reviewed annually by the commission
and the Commissioners of Environmental Protection and Transportation.
(P.A. 84-247, S. 3.)
Sec. 22a-113n. Content of plan. (a) The plan shall identify existing and potential
harbor problems, establish goals and make recommendations for the use, development
and preservation of the harbor. Such recommendations shall identify officials responsible for enforcement of the plan and propose ordinances to implement the plan. The plan
shall include, but not be limited to, provisions for the orderly, safe and efficient allocation
of the harbor for boating by establishing (1) the location and distribution of seasonal
moorings and anchorages, (2) unobstructed access to and around federal navigation
channels, anchorage areas and harbor facilities, and (3) space for moorings and anchorages for transient vessels.
(b) The plan may recommend: (1) Boundaries for development areas to be approved
and established by the Commissioner of Environmental Protection in accordance with
the provisions of section 22a-360; (2) designations for channels and boat basins for
approval and adoption by the Commissioner of Environmental Protection in accordance
with the provisions of section 22a-340; (3) lines designating the limits of areas for the
location of vessels with persons living aboard to be approved and adopted by the director
of health in accordance with section 19a-227; (4) pump-out facilities, including the
designation of no discharge zones in accordance with Section 312 of the federal Clean
Water Act; and (5) regulations for the operation of vessels on the harbor pursuant to the
provisions of section 15-136. Upon adoption of the plan, any recommendation made
pursuant to this section shall be binding on any official of the state, municipality or
any other political subdivision when making regulatory decisions or undertaking or
sponsoring development affecting the area within the commission's jurisdiction, unless
such official shows cause why a different action should be taken.
(P.A. 84-247, S. 4; P.A. 95-218, S. 9, 24.)
History: P.A. 95-218 amended Subsec. (b) to replace a reference to "subsection" with a reference to "section".
Sec. 22a-113o. Factors considered in preparation of plan. In preparing the plan,
the commission shall consider the following factors: (1) Recreational and commercial
boating; (2) recreational and commercial fisheries and shellfisheries; (3) fish and shellfish resources, including leased or designated shellfish beds; (4) conservation of natural
resources; (5) areas subject to high velocity waters, including but not limited to hurricanes, wave washes or tsunamis, that are designated as V-zones on a flood insurance
rate map published by the National Flood Insurance Program; (6) exposed areas subject
to flooding and erosion as defined in section 25-70; (7) commercial and industrial uses
that are water dependent as defined in subdivision (16) of section 22a-93; (8) water
quality and public health; (9) recreational uses other than boating and fisheries; (10)
water dependent educational uses; (11) public access; and (12) tidal wetlands, beaches
and dunes, bluffs and escarpments and intertidal flats as defined in section 22a-93.
(P.A. 84-247, S. 5.)
Sec. 22a-113p. Action on applications to municipal agencies referred to commission. The commission may review and make recommendations, consistent with the
plan, on any proposal affecting the real property on, in or contiguous to the harbor that
is received by any zoning commission, planning commission or combined planning and
zoning commission, zoning board of appeals, historic district commissions, flood and
erosion control board, harbor improvement agency, port authority, redevelopment
agency, shellfish commission, sewer commission, water pollution control authority or
special district with zoning or other land use authority. Such agencies shall send a copy
of any such proposal to the commission upon the request of such commission. The
commission shall be notified of any such proposal at least thirty-five days prior to the
commencement of the hearing thereon or where no hearing is held, at least thirty-five
days prior to the taking of any final action on the proposal. The local agency authorized
to act on the proposal shall consider the recommendations of the commission. A two-thirds vote of all the members of the local agency having authority to act on the proposal
shall be required to approve a proposal which has not received a favorable recommendation from the commission, provided that the provisions of this section shall not be
deemed to alter the authority of the agency having primary jurisdiction over the proposal
to deny, modify or condition the proposal. Failure of the commission to submit a recommendation shall be deemed to be approval of the proposal.
(P.A. 84-247, S. 6.)