Sec. 22a-403. (Formerly Sec. 25-112). Permits for construction. Notice and
requirements for hearing. (a) Before any person constructs, alters, rebuilds, substantially repairs, adds to, replaces or removes any such structure, such person shall apply
to the commissioner for a permit to undertake such work. The application for such permit
shall be in triplicate, the original of which, with necessary drawings, plans, specifications
and other data, shall be submitted to the commissioner, in the form and to the extent
required by him. If the commissioner finds that an application is complete, he shall (1)
notify the applicant by certified mail, return receipt requested, of his intent to grant a
permit with or without terms and conditions or to deny a permit for such work and (2)
publish notice of such intention in a newspaper having a general circulation in the area
in which the proposed work will take place or have effect. The commissioner shall mail
notice of such intent to the chief executive officer, the inland wetland agency, and the
planning, zoning and conservation commissions of each town in which the work will
take place or have effect. The commissioner may hold a hearing prior to approving or
denying any application if, in his discretion, the public interest will be best served
thereby, and he shall hold a hearing if, within thirty days after such notice has been
published, he receives a petition requesting such a hearing signed by at least twenty-five persons. Notice of such hearing shall be published at least thirty days before the
hearing in a newspaper having a general circulation in the area in which the work will
take place or have effect.
(b) The commissioner or his representative, engineer or consultant shall determine
the impact of the construction work on the environment, on the safety of persons and
property and on the inland wetlands and watercourses of the state in accordance with
the provisions of sections 22a-36 to 22a-45, inclusive, and shall further determine the
need for a fishway in accordance with the provisions of section 26-136, and shall examine the documents and inspect the site, and, upon approval thereof, the commissioner
shall issue a permit authorizing the proposed construction work under such conditions
as the commissioner may direct. The commissioner shall send a copy of the permit to
the town clerk in any municipality in which the structure is located or any municipality
which will be affected by the structure. An applicant for a permit issued under this
section to alter, rebuild, repair or remove an existing dam shall not be required to obtain
a permit under sections 22a-36 to 22a-45a, inclusive, or section 22a-342 or 22a-368.
An applicant for a permit issued under this section to construct a new dam shall not
be required to obtain a permit under sections 22a-36 to 22a-45a, inclusive, for such
construction.
(1949 Rev., S. 4731; November, 1955, S. N204; 1957, P.A. 364, S. 19; 1971, P.A. 872, S. 132; P.A. 73-571, S. 8, 9;
P.A. 82-134, S. 2; P.A. 83-555, S. 3; P.A. 84-127, S. 1, 4; P.A. 92-162, S. 12, 25; P.A. 93-428, S. 5, 39; P.A. 96-145, S.
6; P.A. 98-209, S. 12.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; P.A. 73-571 required that commissioner, his representative, the engineer or consultant determine the environmental impact of construction work on inland wetlands; P.A. 82-134 amended section to authorize the commissioner
to consider the need for a fishway in issuing a permit and to specify that municipalities must obtain permits; Sec. 25-112
transferred to Sec. 22a-403 in 1983; P.A. 83-555 deleted the commissioner's power to require a permit fee of "not less
than one dollar nor more than ten dollars"; P.A. 84-127 added provision requiring the commissioner to publish notice of
his decision in a newspaper; P.A. 92-162 divided section into Subsecs., amended Subsec. (a) to provide for notice and
hearing requirements and amended Subsec. (b) to add environmental impact and public safety to determinations the commissioner must make prior to issuing a permit under this section; P.A. 93-428 amended Subsec. (b) to make minor changes
in grammar, to delete a notice requirement and to require the commissioner to send a copy of any permit issued under this
section to the appropriate town clerks, effective July 1, 1993; P.A. 96-145 deleted redundant references to entities subsumed
within the definition of "person" and provided for permit applications to be in triplicate in Subsec. (a); P.A. 98-209 amended
Subsec. (b) to exempt applicants for permits under this section from requirements to obtain certain other permits.
Annotations to former section 25-112:
If original plan was illegal for lack of compliance with this chapter, an agreement to "rebuild", if destroyed, is unenforceable. 74 C. 208. Jury could find that erection of flashboards without required approval constituted negligence. 127 C. 632.
To be actionable the violation of the statute must be shown to have been the proximate cause of the injury. 147 C. 153.
Cited. 23 CS 90.
Annotations to present section:
Cited. 197 C. 134, 137. Cited. 226 C. 579, 599.
Subsec. (a):
Cited. 41 CA 120, 121.
Sec. 22a-404. (Formerly Sec. 25-113). Supervision of construction. Final
plans. The commissioner or his representative supervising the work on any dam or other
like structure shall inspect the work or cause it to be inspected to the extent necessary
to determine whether the structure will be safe and secure. The commissioner may,
when in his judgment circumstances warrant, place a competent inspector on the work,
and the compensation for such inspector shall be shared equally by the state and by the
owner. When the work has been completed to the satisfaction of the commissioner, the
owner shall file with the commissioner plans and descriptions of the work as actually
constructed, together with any other pertinent data.
(1949 Rev., S. 4732; 1957, P.A. 364, S. 21; 1971, P.A. 872, S. 133.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; Sec. 25-113 transferred to Sec. 22a-404 in 1983.
Sec. 22a-405. (Formerly Sec. 25-114). Certificate of approval. When an existing
structure is found by the commissioner to be safe, or has been made safe pursuant to an
order of the commissioner, or a new structure has been constructed to the satisfaction
of the commissioner under a properly issued permit, the commissioner shall issue a
certificate to the owner approving the structure but subject to such terms and conditions,
if any, as the commissioner deems necessary for the protection of life and property.
Such certificate shall be filed by the owner in the land records in the town or towns in
which such structure is located.
(1949 Rev., S. 4733; 1957, P.A. 364, S. 22; 1971, P.A. 872, S. 134.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; Sec. 25-114 transferred to Sec. 22a-405 in 1983.
Annotation to former section 25-114.
Cited. 23 CS 90.
Sec. 22a-406. (Formerly Sec. 25-115). Liability of owner or operator. Nothing
in this chapter, and no order, approval or advice of the commissioner, shall relieve any
owner or operator of such a structure from his legal duties, obligations and liabilities
resulting from such ownership or operation. No action for damages sustained through the
partial or total failure of any structure or its maintenance shall be brought or maintained
against the state, the Commissioner of Environmental Protection, or his employees or
agents.
(1949 Rev., S. 4734; 1957, P.A. 364, S. 23; 1971, P.A. 872, S. 135; P.A. 96-145, S. 7.)
History: 1971 act replaced references to water resources commission and its members with references to environmental
protection commissioner; Sec. 25-115 transferred to Sec. 22a-406 in 1983; P.A. 96-145 deleted a provision which limited
the state's immunity from suit under this section for damages sustained through the partial or total failure of any structure
or its maintenance by reason of the commissioner's supervision of a structure.
Sec. 22a-407. (Formerly Sec. 25-116). Violations. Penalty. Injunctions. Any
person who violates any provision of this chapter, any order or permit issued by the
commissioner pursuant to this chapter shall forfeit to the state a sum not exceeding one
thousand dollars, to be fixed by the court, for each offense. Each violation shall be a
separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General,
upon complaint of the commissioner, shall institute an action to recover such forfeiture
and to enjoin such violation and require its correction.
(1949 Rev., S. 4735; 1957, P.A. 364, S. 24; 1971, P.A. 872, S. 136; P.A. 96-145, S. 8.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; Sec. 25-116 transferred to Sec. 22a-407 in 1983; P.A. 96-145 expanded the range of violations under this
chapter, increased the penalty from five hundred dollars to one thousand dollars and expanded the injunctive relief available
to the Attorney General under this section.
Cited. 41 CA 120, 121.
Sec. 22a-408. (Formerly Sec. 25-117). Appeal. Upon written request, any person
aggrieved by any decision of the commissioner under this chapter, other than a decision
under section 22a-403, shall be given a hearing by the commissioner. Any person aggrieved by any decision or order of the commissioner pursuant to the provisions of
section 22a-402, 22a-405 or 22a-409 may request a hearing before the commissioner.
Such request shall be submitted to the commissioner within thirty days of receipt of
notice of such decision or order. The commissioner shall conduct such hearing promptly
in accordance with the provisions of chapter 54. An appeal may be taken from any
decision of the commissioner in accordance with the provisions of section 4-183, except
such appeal shall be made returnable to the judicial district of New Britain.
(1949 Rev., S. 4736; 1957, P.A. 364, S. 25; 1971, P.A. 870, S. 80; 872, S. 137; P.A. 76-436, S. 599, 681; P.A. 77-603,
S. 109, 125; P.A. 78-280, S. 58, 127; P.A. 84-127, S. 2, 4; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 92-162, S. 13,
25; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 98-209, S. 13; P.A. 99-215, S. 24, 29.)
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 references to water resources
commission with references to environmental protection commissioner; P.A. 76-436 replaced court of common pleas with
superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous provision re
appeals with requirement that appeals be made in accordance with Sec. 4-183 but retained venue in county or judicial
district where structure is located; P.A. 78-280 changed venue to judicial district of Hartford-New Britain; Sec. 25-117
transferred to Sec. 22a-408 in 1983; P.A. 84-127 added provisions re hearings requested pursuant to orders or decisions
pursuant to Secs. 22a-402, 22a-403, 22a-405, and 22a-409; P.A. 88-230 replaced "judicial district of Hartford-New Britain
at Hartford" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 92-162 deleted provision for hearing requested pursuant
to decision taken under Sec. 22a-403; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to
September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1,
1996, to September 1, 1998, effective July 1, 1995; P.A. 98-209 made technical changes; P.A. 99-215 replaced "judicial
district of Hartford" with "judicial district of New Britain", effective June 29, 1999.
Cited. 197 C. 134, 137.
Sec. 22a-409. (Formerly Sec. 25-118). Survey and maps. Registration of dams
and similar structures. Inspection of dams by commissioner. (a) The commissioner
shall cause a survey and maps to be made of each town showing the location of any
dams or similar structures within such town, and shall file a copy of such map with the
town clerk.
(b) The owner of any dam or similar structure shall register on or before July 1,
1984, with the Commissioner of Environmental Protection on a form prescribed by him,
the location and dimensions of such dam or structure and such other information as the
commissioner may require. The fee for registration shall be as follows: (1) Dams or
similar structures five feet or more in height but less than fifteen feet, fifty dollars; (2)
dams or similar structures fifteen feet or more in height but less than twenty-five feet,
one hundred dollars, and (3) dams or similar structures twenty-five feet or more in
height, two hundred dollars. Dams or similar structures less than five feet in height shall
be registered without fee. As used in this subsection, "height" means the vertical distance
from the crest of a dam or similar structure to the downstream toe of such dam or similar
structure.
(c) The commissioner shall periodically inspect dams registered pursuant to subsection (b) of this section. The fee for such inspection shall be five hundred twenty-five
dollars. Any dam which impounds less than three acre-feet of water or any dam which
the commissioner finds has a potential for negligible damage in the event of a failure,
after an initial inspection, shall be exempt from the provisions of this subsection except
upon determination by the commissioner that such dam poses a unique hazard. The
commissioner shall adopt regulations in accordance with the provisions of chapter 54
establishing (1) a schedule for the frequency of inspection of dams, (2) the inspection
fees for regularly scheduled inspections, sufficient to cover the reasonable cost of such
inspections, (3) procedures for registration and criteria for waiver of registration and
inspection fees, and (4) criteria for determining whether a dam has a potential for negligible damage in the event of a failure.
(November, 1955, S. N205; 1957, P.A. 364, S. 20; 1971, P.A. 872, S. 138; June Sp. Sess. P.A. 83-38, S. 1; P.A. 86-30, S. 1, 2; P.A. 90-231, S. 10, 28; P.A. 91-369, S. 16, 36; June 30 Sp. Sess. P.A. 03-6, S. 133.)
History: 1971 act replaced water resources commission with commissioner of environmental protection; Sec. 25-118
transferred to Sec. 22a-409 in 1983; June Sp. Sess. P.A. 83-38 clarified that the provisions of the new Subsec. (a) applied
to dams and similar structures within a town, added Subsec. (b) requiring the owner of a dam or similar structure to provide
certain information concerning such structures to the commissioner of environmental protection by registering with the
commissioner by July 1, 1984, and added Subsec. (c) requiring the commissioner of environmental protection to adopt
regulations governing the periodic inspection of those dams registered pursuant to Subsec. (b); P.A. 86-30 amended Subsec.
(c) by adding exemption for dams with a potential for negligible damage in the case of a failure and requiring the commissioner to adopt regulations re criteria for negligible damage; P.A. 90-231 amended Subsec. (c) to require an inspection fee
and provided that on and after July 1, 1992, the fee shall be prescribed by regulations; P.A. 91-369 amended Subsec. (c)
to restate commissioner's authority to adopt regulations setting the fees required by this section and to increase inspection
fee from two hundred fifty to three hundred fifty dollars; June 30 Sp. Sess. P.A. 03-6 increased registration and inspection
fees by fifty per cent in Susecs. (b) and (c), made a technical change in Subsec. (c), and deleted provisions in Subsec. (c)
re amount of fees prescribed by regulation, effective August 20, 2003.
See Sec. 22a-27i re exemption of municipality for one year.
Sec. 22a-410. (Formerly Sec. 25-119). Chapter not to limit power of other authority. This chapter shall not be construed to prevent any other state authority from
carrying out its legal duties.
(1949 Rev., S. 4737.)
History: Sec. 25-119 transferred to Sec. 22a-410 in 1983.
Sec. 22a-411. General permits for minor activities. Regulations. (a) The commissioner may issue a general permit for any minor activity regulated under sections
22a-401 to 22a-410, inclusive, except for any activity covered by an individual permit,
if the commissioner determines that such activity would cause minimal environmental
effects when conducted separately and would cause only minimal cumulative environmental effects. Such activities may include routine maintenance and routine repair of
any dam, dike, reservoir or other similar structure and the construction if any such
structure presents low or negligible safety hazards. Any person conducting an activity
for which a general permit has been issued shall not be required to obtain an individual
permit under sections 22a-36 to 22a-45a, inclusive, or section 22a-342, 22a-368 or 22a-403, except as provided in subsection (c) of this section. A general permit shall clearly
define the activity covered thereby and may include such conditions and requirements
as the commissioner deems appropriate, including but not limited to, management practices and verification and reporting requirements. The general permit may require any
person conducting any activity under the general permit to report, on a form prescribed
by the commissioner, such activity to the commissioner before it shall be covered by
the general permit. The commissioner shall prepare, and shall annually amend, a list of
holders of general permits under this section, which list shall be made available to the
public.
(b) Notwithstanding any other procedures specified in said sections 22a-401 to 22a-410, inclusive, any regulation adopted thereunder, and chapter 54, the commissioner
may issue, revoke, suspend or modify a general permit in accordance with the following
procedures: (1) The commissioner shall publish in a newspaper having a substantial
circulation in the affected area or areas notice of intent to issue a general permit; (2) the
commissioner shall allow a comment period of thirty days following publication of such
notice during which interested persons may submit written comments to the commissioner and the commissioner shall hold a public hearing if, within said comment period,
he receives a petition signed by at least twenty-five persons; (3) the commissioner may
not issue the general permit until after the comment period; and (4) the commissioner
shall publish notice of any issued permit in a newspaper having substantial circulation
in the affected area or areas. Any person may request that the commissioner issue, modify
or revoke a general permit in accordance with the provisions of this subsection.
(c) Subsequent to the issuance of a general permit, the commissioner may require
any person to obtain an individual permit under the provisions of said sections 22a-401
to 22a-410, inclusive, for all or any portion of the activities covered by the general
permit, if in the commissioner's judgment the purposes and policies of said sections
would be best served by requiring an application for an individual permit. The commissioner may require an individual permit under this subsection only if the affected person
has been notified in writing that an individual permit is required. The notice shall include
a brief statement of the reasons for the decision and a statement that upon the date of
issuance of such notice the general permit as it applies to the individual activity will
terminate.
(d) Any general permit issued under this section shall require that any person intending to conduct an activity covered by such general permit shall, at least sixty days
before initiating such activity, give written notice of such intention to the inland wetlands
agency, zoning commission, planning commission or combined planning and zoning
commission, and conservation commission of any municipality which will or may be
affected by such activity, and to the department which shall make such notices available
to the public. The general permit shall specify the information which must be contained
in the notice. An inland wetlands agency, planning and zoning commission, conservation
commission or any person may submit written comments to the commissioner concerning such activity no later than twenty-five days before the date that the activity is proposed to begin.
(e) The commissioner may adopt regulations in accordance with the provisions of
chapter 54 to carry out the purposes of this section.
(P.A. 91-263, S. 6, 8; P.A. 92-162, S. 18, 25; P.A. 98-209, S. 14.)
History: P.A. 92-162 amended Subsec. (d) to provide that any person may submit comments to the commissioner
concerning regulated activities permitted under this section prior to commencement of such activities and changed the
deadline for such comments from thirty days prior to such commencement to twenty-five days; P.A. 98-209 amended
Subsec. (a) to exempt general permittees from certain other permit requirements, and amended Subsecs. (a), (c) and (d)
to make technical changes.