Substitute Senate Bill No. 437
          Substitute Senate Bill No. 437

               PUBLIC ACT NO. 98-63


AN ACT CONCERNING AQUACULTURE.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Subsection (a) of section 22a-361
of the general statutes, as amended by  section  8
of   public   act  97-124,  is  repealed  and  the
following is substituted in lieu thereof:
    (a)  No  person,  firm or corporation, public,
municipal or  private,  shall  dredge,  erect  any
structure,   place   any   fill,   obstruction  or
encroachment or  carry  out  any  work  incidental
thereto  or  retain  or  maintain  any  structure,
dredging  or  fill,  in  the  tidal,  coastal   or
navigable  waters  of  the  state waterward of the
high  tide  line  until  such  person,   firm   or
corporation  has  submitted an application and has
secured from said commissioner  a  certificate  or
permit  for  such work and has agreed to carry out
any conditions necessary to the implementation  of
such certificate or permit. Each application for a
permit, except for an emergency authorization, for
any  structure,  filling or dredging which uses or
occupies less  than  five  thousand  five  hundred
square  feet  in  water  surface area based on the
perimeters of the project shall be accompanied  by
a  fee  equal  to  forty  cents  per  square  foot
provided such fee shall not  be  less  than  three
hundred  fifty  dollars.  Each  application  for a
permit for  any  structure,  filling  or  dredging
which  uses or occupies five thousand five hundred
square feet or more but less than  five  acres  in
water  surface area based on the perimeters of the
project shall be  accompanied  by  a  fee  of  two
thousand  two  hundred dollars plus five cents per
square foot for each square foot in excess of five
thousand    five   hundred   square   feet.   Each
application  for  a  permit  for  any   structure,
filling or dredging which uses or occupies five or
more acres in water  surface  area  based  on  the
perimeters  of the project shall be accompanied by
a fee of twelve  thousand  eight  hundred  fifteen
dollars  plus three hundred fifty dollars per acre
for each acre or part thereof in  excess  of  five
acres.  Each  application  for  a  mooring area or
multiple mooring facility, regardless of the  area
to  be  occupied by moorings, shall be accompanied
by a fee of three hundred fifty  dollars  provided
that  such  mooring  areas or facilities shall not
include fixed or floating docks, slips or  berths.
APPLICATION  FEES FOR AQUACULTURE ACTIVITIES SHALL
NOT BE BASED ON AREAL EXTENT. The commissioner may
waive  or  reduce any fee payable to him for (1) a
tidal wetlands or coastal resource restoration  or
enhancement   activity,   [or]   (2)  EXPERIMENTAL
ACTIVITIES   OR   DEMONSTRATION   PROJECTS,    (3)
NONPROFIT   ACADEMIC  ACTIVITIES,  OR  (4)  public
access activities in tidal, coastal  or  navigable
waters, provided no fee shall be waived or reduced
for activities required  by  statute,  regulation,
permit,  order  or  enforcement action. As used in
this section, "resource restoration or enhancement
activity"  means  an  action  taken  to  return  a
wetland or coastal resource  to  a  prior  natural
condition  or  to improve the natural functions or
habitat value of  such  resource,  but  shall  not
include    actions   required   pursuant   to   an
enforcement  action  of  the   commissioner,   and
"public  access activities" means activities whose
principal purpose is to provide or increase access
for  the  general  public  to  tidal,  coastal  or
navigable waters, including, but not  limited  to,
boardwalks,  boat  ramps,  observation  areas  and
fishing  piers.   The   commissioner   may   adopt
regulations,  in accordance with the provisions of
chapter 54, to prescribe the amount  of  the  fees
required   pursuant  to  this  section.  Upon  the
adoption of such regulations, the fees required by
this  section  shall  be  as  prescribed  in  such
regulations.
    Sec. 2. Subsection  (d)  of section 22a-361 of
the  general  statutes   is   amended   by  adding
subdivision (5) as follows:
    (NEW)  (5)  Notwithstanding  any  provision of
sections 22a-359 to 22a-363f,  inclusive,  pending
issuance  of  a  general  permit  for  aquaculture
activities by the commissioner in accordance  with
this  section,  no  permit or certificate shall be
required for the placement, maintenance or removal
of  (A) individual structures used for aquaculture
as defined in section 22-416, including,  but  not
limited  to,  cages  or bags, which are located on
designated state or municipal shellfish beds which
structures  create  no  adverse impacts on coastal
resources or navigation over their location or (B)
any  buoys  used  to  mark  such  structures. Upon
issuance  of  a  general  permit  for  aquaculture
activities  in  accordance  with this section, any
aquaculture activities shall comply with the terms
of   such   general  permit  or  other  applicable
provisions  of  sections  22a-359   to   22a-363f,
inclusive.

Approved May 19, 1998