Environment Committee
Planning and Development Committee
AN ACT CONCERNING FLOODPLAIN MANAGEMENT AND USE OF MILL PROPERTIES
SUMMARY: By law, the Department of Environmental Protection (DEP) commissioner must approve or exempt certain state agency actions proposed in or affecting floodplains. An agency proposing a nonexempt activity or critical activity in or affecting a floodplain must certify to the commissioner, among other things, that it will promote long-term, nonintensive floodplain uses and has utilities located to discourage floodplain development.
This act exempts from this requirement proposals to use a mill located on a brownfield if the proposing agency demonstrates that the activity (1) is subject to state environmental remediation regulations, (2) is limited to the area of the property where mill uses have historically occurred, and (3) complies with the National Flood Insurance Program (NFIP). In addition, an agency proposing a critical activity must show that it is above the 500-year flood elevation. (A 500-year flood has a 1-in-500 chance (0. 2%) of occurring in a given year. )
EFFECTIVE DATE: Upon passage
BACKGROUND
Activity and Critical Activity
An “activity” is a proposed state action in a floodplain or that affects natural or man-made storm drainage facilities located on property the commissioner determines is under state control (CGS § 25-68b (1)). A “critical activity” is an activity, including treating, storing and disposing of hazardous waste; and the siting of hospitals, housing for the elderly, schools or homes in the 0. 2% floodplain in which the commissioner determines that a slight chance of flooding is too great (CGS § 25-68b (4)).
Flood Management Program
In deciding whether to approve a proposed action in or affecting a floodplain, DEP must consider, among other things, if the action (1) will pose a flood hazard to human life, health, or property; (2) is consistent with NFIP and local floodplain requirements; and (3) promotes long-term nonintensive floodplain uses (CGS §§ 25-68b to- 68n).
National Flood Insurance Program
The NFIP enables property owners in participating communities to purchase insurance as a protection against flood losses in exchange for state and community floodplain management regulations that reduce future flood damages. Participation in the NFIP is based on an agreement between communities and the federal government (44 CFR § 59).
Brownfields
By law, a brownfield is an abandoned or underused site where redevelopment and reuse has not taken place because of the presence, or potential presence, of pollution in the buildings, soil, or groundwater that requires remediation before or along with its restoration, redevelopment, and reuse (CGS § 32-9kk (1)).
OLR Tracking: PF: KM: JL: TS