Sec. 25-233. Membership of river commissions. Procedures. (a) An ordinance
authorizing the establishment of a river commission pursuant to section 25-232 shall
provide for the membership of the commission, the method of selecting members, their
terms of office and the filling of vacancies. Such ordinance shall provide for not more
than twelve members from any one municipality and shall include: The chief elected
official of each such municipality, or his designee, the chairman of the inland wetlands
agency of each such municipality, or his designee, and a member of another land use
regulation agency of each such municipality appointed by the chief elected official for
such municipality; one representative each of a public utility or rail service company
which owns property within the municipality or serves the municipality; one member
representing a conservation organization or interest; one member representing a recreation organization or interest; one member representing a private or municipal economic
development foundation, agency or interest; one member representing agriculture interests; one member representing business or industry interests; one member representing
real estate interests and one member who is a riverfront property owner or a representative of a riverfront property owners' association. In addition, the commission shall appoint as voting members-at-large one representative of each regional planning agency
associated with the commission's geographic area. The commission may appoint subcommittees as it deems appropriate and may elect an executive committee to carry out
its business provided such executive committee shall include at least one representative
of a conservation organization and one representative of a regional planning agency.
(b) Prior to transacting any official business, a river commission shall establish
written procedures and bylaws for conducting business. Such procedures and bylaws
shall be open to public inspection.
(P.A. 95-333, S. 4; P.A. 97-227, S. 3, 5.)
History: P.A. 97-227 amended Subsec. (a) to provide for a maximum of twelve members of the commission from each
municipality, to add representatives of local land use agencies, regional planning agencies and riverfront property owners
to the commission and to authorize creation of subcommittees and an executive committee, and amended Subsec. (b) to
add provisions re bylaws, effective June 27, 1997.
Sec. 25-234. Resource inventory. Statement of objectives. Map. Notice. Hearing. Review by state officials. Management plan. (a) A river commission shall prepare
a written inventory of all resources and all existing uses within those areas of the local
drainage basin of the river corridor for which the commission was established which
are within the boundaries of the municipalities represented on the commission. Such
inventory shall also identify within such areas any locations providing public access to
resources and any portions of the river or riverfront lands which have been degraded
by human use and could be restored. The Commissioner of Agriculture shall prepare
an inventory of agricultural land within such areas and shall submit such inventory for
inclusion in the commission's inventory. In preparing the inventory a river commission
shall utilize all relevant available information, including, but not limited to, the state
rivers assessment database and wetland maps prepared pursuant to sections 22a-30 and
22a-42a.
(b) After completing an inventory pursuant to subsection (a) of this section, a river
commission shall prepare a written statement identifying in such areas those resources
which should be preserved or enhanced, those existing uses which should be maintained,
those degraded areas which should be restored and those areas in which potential industrial, commercial and other uses could be accommodated without degrading the resources of the river corridor. Such statement shall be known as the river commission's
statement of objectives. In preparing a statement of objectives, the river commission
shall consider the best uses of the river corridor as identified by the state rivers assessment database and potential conflicts among resources on the one hand and existing
and potential uses of the river corridor on the other hand. The statement of objectives
shall attempt to balance competing uses within the river corridor and its watershed lands
and provide for multiple uses thereof.
(c) After completing an inventory prepared pursuant to subsection (a) of this section
and a statement of objectives prepared pursuant to subsection (b) of this section, the
river commission shall prepare a map which shall be consistent with said inventory and
statement of objectives and which defines the boundaries of the river corridor to be
managed under the river corridor management plan prepared pursuant to subsection (h)
of this section.
(d) Upon completion of an inventory, statement of objectives and map pursuant to
subsections (a), (b) and (c) of this section, the river commission shall publish in a newspaper having a substantial circulation in the affected area notice of a public hearing to be
held not less than thirty days thereafter in one of the municipalities represented on the
commission. Such hearing shall provide an opportunity for oral and written comments
regarding such documents. After considering all comments received, the river commission shall revise said documents as appropriate and submit them to the commissioner
and the secretary. Within sixty days of receiving the revised documents, the commissioner shall provide written comments to the river commission and shall furnish a copy
of such comments to the secretary. The secretary shall coordinate a review of the revised
documents by all other relevant state agencies and regional planning organizations established pursuant to section 8-31a and, within ninety days of receiving such revised documents, shall provide written comments thereon to the river commission and shall furnish
a copy of such comments to the commissioner. After considering all comments received
from the commissioner and the secretary, the river commission shall adopt a final inventory, statement of objectives and map and shall publish, in a newspaper having a substantial circulation in the affected area, notice of the adoption of the final inventory, statement
of objectives and map.
(e) After adoption of an inventory, statement of objectives and map, pursuant to
subsection (d) of this section, the river commission shall prepare a report on all federal,
state, regional and municipal laws, plans, programs and proposed activities which may
affect the river corridor defined in such map. Such federal, state, regional and municipal
laws shall include regulations adopted pursuant to chapter 440, and zoning, subdivision
and site plan regulations adopted pursuant to section 8-3. Such federal, state, regional
and municipal plans shall include plans of development adopted pursuant to section 8-23, the state plan for conservation and development, water utility supply plans submitted
pursuant to section 25-32d, coordinated water system plans submitted pursuant to section 25-33h, the comprehensive energy plan adopted pursuant to section 16a-7a, the
master transportation plan adopted pursuant to section 13b-15, plans prepared by regional planning organizations pursuant to section 8-31a and plans of publicly-owned
wastewater treatment facilities whose discharges may affect the subject river corridor.
State and regional agencies shall, within available resources, assist the river commission
in identifying such laws, plans, programs and proposed activities. The report to be prepared pursuant to this section shall identify any conflicts between such federal, state,
regional and municipal laws, plans, programs and proposed activities and the river commission's objectives for river corridor management as reflected in the statement of objectives. If conflicts are identified, the river commission shall notify the applicable state,
regional or municipal agencies and such agencies shall, within available resources and
in consultation with the river commission, attempt to resolve such conflicts.
(f) (1) After adoption of an inventory, statement of objectives and map pursuant
to subsection (d) of this section and completion of a report pursuant to subsection (e)
of this section, the river commission shall prepare a river corridor management plan.
The river commission shall publish in a newspaper having a substantial circulation in
the affected area notice of a public hearing to be held not less than thirty days thereafter
in one of the municipalities represented on the commission. Such hearing shall provide
an opportunity for oral and written comment regarding the plan. The commission shall
send a copy of such notice to the chief elected official of each municipality located
wholly or partially in the subregional drainage basin in which the subject river corridor
is located and shall send such notice by certified mail, return receipt requested, to each
person who owns property adjacent to the river segment which is the subject of the river
corridor. After considering all comments received, the river commission shall revise
said documents as appropriate and submit them to the commissioner and the secretary.
Within sixty days of receiving the revised documents, the commissioner shall provide
written comments to the river commission and shall furnish a copy of such comments
to the secretary. The secretary shall coordinate a review of the revised documents by
all relevant state agencies and regional planning organizations established pursuant to
section 8-31a. Within ninety days of the date the secretary receives such revised documents, he shall provide written comments thereon to the river commission and to the
commissioner. After considering all comments received from the commissioner and the
secretary, the river commission shall prepare a document responding to all comments
received, shall revise the river corridor management plan as appropriate and shall publish
in a newspaper having a substantial circulation in the affected area notice of the availability of the response to comments and the revised plan.
(2) A river corridor management plan shall set forth a strategy for achieving the
objectives contained in the statement of objectives adopted pursuant to subsection (d)
of this section for the river corridor mapped pursuant to said subsection and for resolving
any conflicts identified in the report prepared pursuant to subsection (e) of this section.
Such plan shall make recommendations for the modification of municipal plans of development and zoning, subdivision, site plan and wetlands regulations as necessary to allow
implementation of such plan and to assure that each member municipality similarly
manages that portion of the river corridor under its jurisdiction. Such recommendations
may concern tourism, navigation, utility and transportation rights-of-way and water-dependent recreational, industrial, commercial and other uses, as well as proposals for
specific setbacks from the river, dimensions of new lots and buildings, restrictions on
cutting of vegetation, restrictions on earth-moving for mining or other purposes, prohibited activities and regulation of paving and other forms of impervious ground cover.
Such plan may also include recommendations that member municipalities enact or adopt
incentives for property owners to protect lands within the river corridor and to develop
such lands in a manner that is compatible with resource protection. Such incentives may
include tax credits for donation to appropriate parties of open space easements or land
development rights and incentives for cluster development.
(3) The river corridor management plan shall include the results of an instream flow
study if the commissioner deems it necessary. An instream flow study shall be conducted
in accordance with the commissioner's guidance and shall document water flow in the
river corridor for the purpose of determining whether there is sufficient flow to allow
withdrawals of water consistent with the resource protection and enhancement objectives of the river corridor management plan.
(P.A. 95-333, S. 5; P.A. 03-140, S. 24; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 03-140 replaced "16a-35m" with "16a-7a" in Subsec. (e), effective July 1, 2003; June 30 Sp. Sess. P.A.
03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July
1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments
of Agriculture and Consumer Protection, effective June 1, 2004.
Sec. 25-235. Approval of management plan by municipalities, commissioner.
Revisions to plan. (a) A river corridor management plan adopted by a river commission
pursuant to section 25-234 shall be submitted to the legislative bodies of the municipalities participating in such commission for their approval. Following the approval of all
of such legislative bodies, a river commission may apply to the commissioner for approval of a map adopted pursuant to subsection (d) of section 25-234 and a river corridor
management plan prepared pursuant to said subsection. An application under this section
shall include, in addition to such map and plan, the inventory and statement of objectives
adopted pursuant to subsection (d) of section 25-234, the report prepared pursuant to
subsection (e) of section 25-234, and the response to comments prepared pursuant to
subsection (f) of section 25-234. The river commission shall submit a copy of the application to the secretary.
(b) In deciding whether to approve such a map and plan, the commissioner shall
consider: (1) Whether such inventory, statement of objectives, map, response to comments and plan were completed in accordance with the requirements of section 25-234;
(2) whether the inventory accurately identifies all resources and all existing and potential
uses within the local drainage basin; (3) whether the river corridor management plan
would, if implemented, adequately protect, preserve and enhance such resources, particularly those ranked high in the state rivers assessment database; (4) whether such plan
would, if implemented, balance competing uses within the river corridor and reasonably
allow for aquatic habitat protection, land and water usage including potable water supply, agriculture, transportation, recreation and improvements essential for public health,
safety and welfare; (5) whether the river corridor identified in the map adopted pursuant
to subsection (d) of section 25-234 comprises sufficient land and water area to allow
implementation of the river corridor management plan; (6) whether the river commission
adequately responded to public comments on the river corridor management plan; (7)
whether such plan is consistent with the water quality standards adopted pursuant to
section 22a-426; (8) the comments submitted to the secretary pursuant to subsections
(d) and (f) of section 25-234; and (9) any other information the commissioner deems
relevant.
(c) If the secretary finds that any provision of a river corridor management plan
submitted to him in accordance with subsection (a) of this section conflicts with a program, policy or proposed activity of any state agency, he shall forward a copy of such
plan to the commissioner and identify such conflict. The secretary shall act in coordination with the commissioner, the affected state agency and any other interested persons
to attempt to resolve the conflict. If the secretary recommends modifications to the map
or the river corridor management plan to resolve any such conflicts, the commissioner
shall not approve the plan until it has been revised in accordance with the secretary's
recommendations.
(d) The commissioner's approval of a map and river corridor management plan
shall be in writing and shall be filed with the chief elected official of each member
municipality and the river commission. If the commissioner rejects such map or plan, he
shall do so in writing, clearly explaining the reasons for rejection. The river commission
whose map or plan has been rejected by the commissioner may submit to him a revised
map or river corridor management plan.
(e) Any revision to a map or river corridor management plan approved or rejected
by the commissioner pursuant to this section shall be prepared and submitted in accordance with the requirements of sections 25-234 and 25-235 for the original submittal. A
revision of an approved river corridor management plan shall not be effective until such
revision has been approved by the commissioner in accordance with the provisions of
this section.
(f) The commissioner may periodically review a map and river corridor management plan approved pursuant to this section and recommend revisions. The river commission shall review a map and plan so approved at least once every five years after
their approval, and shall revise such map or plan as appropriate and in accordance with
the requirements of section 25-234.
(P.A. 95-333, S. 6.)
Sec. 25-236. State plans and municipal land use regulations to be in accordance with recommendations of management plan. Exceptions. Acquisition of property for river corridor. Coordination of state permits and approvals. (a) Within
thirty days of the commissioner's approval of a map and river corridor management
plan pursuant to section 25-235, the river commission shall file such map and plan in
the office of the town clerk in each member municipality.
(b) Within one year of the commissioner's approval of a map and river corridor
management plan pursuant to section 25-235, each member municipality shall amend
its zoning, subdivision, site plan, floodplain and wetlands regulations, its municipal
plan of development and any other applicable laws or plans in accordance with the
recommendations of the approved river corridor management plan. The river commission shall assist member municipalities in adopting any such amendments and, on behalf
of a member municipality, may petition the commissioner for an extension of the one-year deadline specified in this subsection for amending applicable laws or plans. Before
adopting any such amendment, the municipality shall submit the proposed amendment
to the commissioner and such proposed amendment shall not be adopted unless the
commissioner finds in writing, within ninety days, that it is consistent with the approved
river corridor management plan.
(c) (1) After a member municipality has completed amending applicable laws and
plans pursuant to subsection (b) of this section, no zoning variance or other exception
to any such amended law or plan shall be granted if such variance or other exception
affects a river corridor with respect to which there exists an approved river corridor
management plan unless the applicant demonstrates that such variance or other exception satisfies any applicable legal requirements and the zoning board of appeals for such
municipality, or the agency with jurisdiction over the application at issue, in consultation
with the river commission, finds in writing that such variance or exception is compatible
with the approved river corridor management plan or the zoning board of appeals or
the agency with jurisdiction over the application has determined that the applicant has
presented sufficient evidence to prove that the property's exceptional difficulty or unusual hardship warrants such variance or exception.
(2) No portion of any applicable municipal law or plan affecting a river corridor
with respect to which a river corridor management plan has been approved shall be
revised unless such municipality has allowed the river commission to comment on such
proposed revision and has considered any such comments.
(d) If the commissioner determines that any member municipality has failed or is
failing to comply with the requirements of subsection (a) or (b) of this section or if he
determines that the plan cannot effectively be implemented as a result of a municipality
withdrawing from the commission, he and the Connecticut Siting Council shall not be
subject to the provisions of subsections (f) and (g) of this section.
(e) (1) Every major state plan, other than the state plan for conservation and development, to the extent that such major state plan affects any river corridor for which the
commissioner has approved a river corridor management plan, shall be consistent with
such management plan. Any major state plan, other than the state plan for conservation
and development, which is inconsistent with a river corridor management plan shall
be modified accordingly. Such modifications shall be made in consultation with the
commissioner at the next scheduled revision of such plan.
(2) If all the member municipalities of a river commission have amended their applicable laws and plans pursuant to subsection (b) of this section and if the commissioner
finds that the state plan for conservation and development is inconsistent with the subject
river corridor management plan, he shall apply to the secretary for a revision pursuant
to section 16a-32.
(3) Every regional plan of development adopted pursuant to section 8-35a, to the
extent that it affects any river corridor for which the commissioner has approved a river
corridor management plan, shall be consistent with such management plan. Any regional
plan of development which is inconsistent with a river corridor management plan shall
be modified accordingly. Such modifications shall be made in consultation with the
commissioner.
(4) Every municipal plan of development adopted pursuant to section 8-23, to the
extent that it affects any river corridor for which the commissioner has approved a
river corridor management plan, shall be consistent with such management plan. Any
municipal plan of development which is inconsistent with a river corridor management
plan shall be modified accordingly. Such modifications shall be made in consultation
with the commissioner.
(5) The commissioner may notify any applicable federal agency of his approval of
a river corridor management plan and may take any other appropriate action to assure
consideration of such plan in federal programs or activities.
(f) (1) For the purpose of protecting or preserving river corridor resources, the
commissioner may acquire real property or any interest therein within a river corridor
for which he has approved a river corridor management plan. Such acquisition may be
by purchase at fair market value, gift or devise. The commissioner may accept any gift
or bequest of money or other personal property to be used to acquire such real property
or interest therein, or to meet expenses involved in maintaining such real property. Such
funds shall be held by the State Treasurer to be used and expended under the direction
of the commissioner.
(2) For the purpose of protecting or preserving river corridor resources, and subject
to any lawful restrictions on acquisition of lands acquired with state funds, a municipality
may acquire real property or any interest therein within a river corridor for which such
commission has adopted a river corridor management plan. Such acquisition may be
by purchase at fair market value, gift or devise. Such municipality may accept any gift
or bequest of money or other personal property to be used to acquire such real property
or interest therein, or to meet expenses involved in maintaining such real property.
(g) (1) The commissioner shall coordinate the activities, including the granting of
permits and other approvals, of all regulatory programs under his jurisdiction to assure
that the administration of such programs is consistent with every approved river corridor
management plan. Neither the commissioner nor the Connecticut Siting Council shall
issue a permit or other approval for any activity which may affect a river corridor for
which the commissioner has approved a river corridor management plan under section
25-235 unless the commissioner determines that such activity would not adversely affect
any of the resources protected under such plan.
(2) A member municipality may submit written testimony to the commissioner and
may appear by right as a party to any hearing before the commissioner concerning any
permit or other approval to be issued by the commissioner for an activity proposed
within an approved river corridor, and may appeal any decision of the commissioner
concerning such permit or other approval to the Superior Court in accordance with the
provisions of section 4-183.
(P.A. 95-333, S. 7.)
Sec. 25-237. Structures and uses existing at time of management plan approval. For purposes of sections 25-230 to 25-238, inclusive: (1) Any structure or related
facility, including, but not limited to, a parking lot, septic system or pool or railroad
right-of-way; (2) any surfaced area, including, but not limited to, a paved, bricked or
graveled walk or driveway; (3) a lawn or other landscaped area which exists on the date
the commissioner approves an applicable river corridor management plan; (4) a waste
discharge, authorized under chapter 446k, which exists within a river corridor on the
date the commissioner approves an applicable river corridor management plan; (5) a
water-supply diversion within a river corridor which diversion is authorized under chapter 446i on the date the commissioner approves the applicable river corridor management
plan; or (6) agricultural land, identified by the Commissioner of Agriculture in the inventory provided to the river commission pursuant to section 25-234, which is in use on
such date, including land reserved for crop rotation, may be maintained as such and, if
on or after the date of approval of a river corridor management plan any such structure,
related facility, surfaced or landscaped area or agricultural land is degraded, damaged
or destroyed, it may be replaced or restored without regard to the provisions of sections
25-230 to 25-238, inclusive, and subsection (a) of section 13a-94, provided there is no
significant change in its location, dimensions or elevations and provided further that
nothing in sections 25-230 to 25-238, inclusive, shall preclude the performance of routine maintenance or repair activities for such structures, related facilities, surfaced areas,
lawn or landscaped areas or agricultural land. Any waste discharge authorized under
chapter 446k, which exists within a river corridor on the date of approval of a river
corridor management plan or a water-supply diversion within a river corridor which
diversion is authorized under chapter 446i on the date the commissioner approves the
applicable river corridor management plan may be reauthorized under said chapter 446k
or 446i without regard to the provisions of sections 25-230 to 25-238, inclusive, and
subsection (a) of section 13a-94. Land reserved for crop rotation shall not include "forest
land", as defined in section 12-107b.
(P.A. 95-333, S. 8; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and
Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing
the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.