Sec. 22a-321. (Formerly Sec. 25-108a). Reimbursement of public service companies for relocation of facilities. Whenever the construction of any works of improvement, as defined in section 22a-318, for which the state has agreed to provide the necessary land, easements and rights-of-way, requires the readjustment, relocation or removal
of any public service facility, the Commissioner of Environmental Protection shall issue
an appropriate order to the company, corporation or municipality owning or operating
such facility, and such company, corporation or municipality shall readjust, relocate or
remove the same promptly in accordance with such order, and the cost of such readjustment, relocation or removal, including the cost of installing and constructing a facility
of equal capacity in a new location, together with the cost of acquiring such rights in
other land as may be necessary to relocate said facilities, shall be borne by the state. In
establishing the cost to be borne by the state, there shall be deducted from the cost of
the readjusted, relocated or removed facilities a sum based on a consideration of the value
of materials salvaged from existing installations, the cost of the original installation, the
life expectancy of the original facility and the unexpired term of such life use. If said
commissioner and the company, corporation or municipality owning or operating such
facility cannot agree upon the cost to be borne by the state, either may apply to the
superior court for the judicial district within which such works of improvement are
situated, or, if said court is not in session, to any judge thereof, for a determination of
the cost to be borne by the state, and said court or such judge, after causing notice of
the pendency of such application to be given to the other party, shall appoint a state
referee to make such determination. Such referee, having given at least ten days' notice
to the parties interested of the time and place of the hearing, shall hear both parties, shall
view such facility, shall take such testimony as he deems material and shall thereupon
determine the amount of the cost to be borne by the state and forthwith report to the
court. If the report is accepted by the court, such determination shall, subject to right of
appeal as in civil actions, be conclusive upon both parties.
(February, 1965, P.A. 567; 1971, P.A. 870, S. 121; 872, S. 127; P.A. 74-183, S. 253, 291; P.A. 76-436, S. 217, 681;
P.A. 78-280, S. 1, 127.)
History: 1971 acts replaced superior court with court of common pleas, effective September 1, 1971, except that courts
with cases pending retain jurisdiction unless pending matters deemed transferable and replaced commissioner of agriculture
and natural resources with commissioner of environmental protection; P.A. 74-183 added reference to judicial districts;
P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted reference to
counties; Sec. 25-108a transferred to Sec. 22a-321 in 1983.
See Sec. 25-83a re reimbursement for flood control projects.
Sec. 22a-322. (Formerly Sec. 25-109). Interstate agreements. The Commissioner of Environmental Protection may, with the approval of the Governor, negotiate
and contract, in the name of the state, with any commission appointed by, or any soil
and water conservation district located in, another state, or with any authorized agent
thereof, concerning the planning, construction, maintenance and operation of works of
improvement on streams or tributaries of streams without the state, which streams in
their natural course flow through, into or across the state.
(1957, P.A. 218, S. 4; 1959, P.A. 637, S. 2; 1961, P.A. 67; 104, S. 2; 1971, P.A. 872, S. 128.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural
resources; 1961 acts deleted "conservation" from commissioner's title and replaced soil conservation districts with soil
and water conservation districts; 1971 act replaced commissioner of agriculture and natural resources with commissioner
of environmental protection; Sec. 25-109 transferred to Sec. 22a-322 in 1983.
Sec. 22a-323. (Formerly Sec. 25-109a). Use of flood water detention areas for
park and recreation purposes. Any town, city or borough may acquire, by purchase,
lease or gift, land which has been fixed upon as a site for works of improvement as
provided for in sections 22a-318 to 22a-322, inclusive, together with adjoining land for
access, all of which land shall be used for municipal park and recreation purposes.
(1959, P.A. 287.)
History: Sec. 25-109a transferred to Sec. 22a-323 in 1983.
Sec. 22a-324. (Formerly Sec. 25-109b). Conveyance and transfer of real property for watershed program purposes. (a) The Commissioner of Environmental Protection, with the advice and consent of the Commissioner of Public Works and the
Properties Review Board and the Secretary of the Office of Policy and Management,
may sell, lease and convey in the name of the state, or otherwise dispose of, or enter
into agreements concerning, any land, buildings and real property owned by the state
and obtained for or in connection with works of improvement under sections 22a-318
to 22a-322, inclusive, which land, buildings or real property are not necessary for such
purposes, reserving for the state the rights and privileges necessary for constructing,
operating and maintaining the works of improvement, except those relating to recreational or fish and wildlife developments, provided for under said sections.
(b) When the Commissioner of Environmental Protection finds it necessary that
land, the title of which is in the state of Connecticut and which is under the custody and
control of any state agency or institution, be taken for the purposes of constructing,
operating and maintaining works of improvement provided for in sections 22a-318 to
22a-322, inclusive, he shall petition the Secretary of the Office of Policy and Management that custody of such land be transferred to him as Commissioner of Environmental
Protection. Such petition shall set forth the necessity for such transfer and control. The
Secretary of the Office of Policy and Management shall present such petition to the
agency or institution having custody and control of such land, and upon the recommendation of, and subject to such consideration as may be required by, such agency or institution and with the approval of the Secretary of the Office of Policy and Management
and with notice to the Commissioner of Public Works, such agency or institution shall
transfer the custody and control of such land to the Commissioner of Environmental
Protection, for the purposes required.
(1959, P.A. 39, S. 1, 2; 637, S. 2; 1961, P.A. 67; 1963, P.A. 535, S. 2; 1971, P.A. 872, S. 129; P.A. 75-425, S. 53, 57;
P.A. 77-614, S. 19, 73, 610; P.A. 87-496, S. 92, 110.)
History: Later 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural
resources; 1961 act deleted "conservation" from commissioner's title; 1963 act excepted land and structures etc. relating
to recreational or fish and wildlife developments from provisions of section; 1971 act replaced commissioner of agriculture
and natural resources with commissioner of environmental protection; P.A. 75-425 added public works commissioner and
properties review board as advisors in Subsec. (a) and required that public works commissioner be notified of land transfers
in Subsec. (b); P.A. 77-614 replaced public works commissioner with commissioner of administrative services and commissioner of finance and control with secretary of the office of policy and management; Sec. 25-109b transferred to Sec. 22a-324 in 1983; P.A. 87-496 substituted "public works" for "administrative services" commissioner.
Sec. 22a-325. Short title: Soil Erosion and Sediment Control Act. Sections 22a-325 to 22a-329, inclusive, shall be known and may be cited as the "Soil Erosion and
Sediment Control Act".
(P.A. 83-388, S. 1.)
Sec. 22a-326. Legislative finding; policy of the state. The General Assembly
finds that soil erosion on land being developed is a serious problem in Connecticut, that
sediment is a source of pollution, that rapid changes in land use from agricultural and
rural to nonagricultural and urban and the construction of residential, industrial and
commercial development and land-disturbing activities associated with development
have accelerated soil erosion and sediment deposition resulting in water pollution and
damage to residential, agricultural, industrial and recreational land uses, to fish and
wildlife and to other resources. It is, therefore, declared to be the policy of the state to
strengthen and extend its erosion and sediment control activities and programs and to
establish and implement, through the Council on Soil and Water Conservation, soil and
water conservation districts, the municipalities and the Commissioner of Environmental
Protection, a state-wide coordinated erosion and sediment control program which shall
reduce the danger from storm water runoff, minimize nonpoint sediment pollution from
land being developed and conserve and protect the land, water, air and other environmental resources of the state.
(P.A. 83-388, S. 2.)
Sec. 22a-327. Definitions. As used in sections 22a-325 to 22a-329, inclusive:
(1) "Council" means the Council on Soil and Water Conservation established under
subsection (c) of section 22a-315;
(2) "Disturbed area" means an area where the cover is destroyed or removed leaving
the land subject to accelerated erosion;
(3) "Erosion" means the detachment and movement of soil or rock fragments by
water, wind, ice and gravity;
(4) "Inspection" means the periodic review of sediment and erosion control measures shown on the certified plan;
(5) "Soil erosion and sediment control plan" means a scheme that minimizes soil
erosion and sedimentation and includes, but is not limited to, a map and narrative. The
map shall show topography, cleared and graded areas, proposed area alterations and the
location of and detailed information concerning erosion and sediment measures and
facilities. The narrative shall describe the project, the schedule of major activities on
the land, the application of conservation practices, design criteria, construction details
and the maintenance program for any erosion and sediment control facilities that are
installed;
(6) "Regulations" mean any regulations adopted by a municipality pursuant to sections 8-2 and 8-25;
(7) "Sediment" means solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion;
(8) "Soil" means any unconsolidated mineral and organic material of any origin.
(P.A. 83-388, S. 3; P.A. 85-409, S. 4, 8.)
History: P.A. 85-409 removed reference to Sec. 8-13d in Subdiv. (6), that section having been repealed by the same act.
Sec. 22a-328. Guidelines for soil erosion and sediment control. The council
shall develop guidelines for soil erosion and sediment control on land being developed.
The guidelines shall outline methods and techniques for minimizing erosion and sedimentation based on the best currently available technology. Such guidelines shall include, but not be limited to, model regulations that may be used by municipalities to
comply with the provisions of sections 22a-325 to 22a-329, inclusive. The Commissioner of Environmental Protection and the soil and water conservation districts shall
make the guidelines available to the public.
(P.A. 83-388, S. 4.)
Sec. 22a-329. Municipal land use. Regulations. (a) The regulations adopted by
a municipality pursuant to sections 8-2 and 8-25, on and after July 1, 1985, shall require
that: (1) Proper provision be made for soil erosion and sediment control; (2) a soil erosion
and sediment control plan be submitted with any application for development when the
disturbed area of such development is more than one-half acre; and (3) the municipality
or the soil and water conservation district shall certify that the plan complies with regulations adopted pursuant to said sections. Prior to certification, any plan submitted to a
municipality may be reviewed by the soil and water conservation districts which may
make recommendations concerning such plan, provided such review shall be completed
within thirty days of the receipt of such plan. The regulations shall include, but not be
limited to, provisions for certification of a plan and inspection of measures being installed pursuant to such plan. A single-family dwelling that is not a part of a subdivision
of land shall be exempt from such regulations. The soil and water conservation districts
shall assist municipalities which so request in developing regulations to comply with
this section. Nothing in this section shall be construed as extending the time limits for
the approval of any application under chapter 124 or 126.
(b) Notwithstanding the provisions of subsection (a) of this section, the council may
grant an extension of time for the adoption of the regulations on soil and sediment control
required under sections 8-2 and 8-25, but not beyond June 30, 1986, to any municipality
which makes application to the council before July 1, 1985.
(P.A. 83-388, S. 5, 9; P.A. 85-91, S. 1, 5; 85-409, S. 5, 8.)
History: P.A. 83-388, S. 5, effective July 1, 1985; P.A. 85-91 added Subsec. (b) re time extension for adoption of
regulations and made a corresponding technical change to prior provisions, designated as Subsec. (a); P.A. 85-409 removed
reference to Sec. 8-13d and chapter 124a which were repealed by the same act.
Cited. 19 CA 334, 337.