Substitute House Bill No. 5528
Substitute House Bill No. 5528
PUBLIC ACT NO. 98-105
AN ACT CONCERNING A MODEL RIVER PROTECTION
ORDINANCE AND PROTECTION OF RIDGELINES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) The Commissioner of
Environmental Protection, in consultation with the
Rivers Advisory Committee, shall prepare a model
river protection ordinance which may be used by
any municipality in this state in adopting
ordinances or regulations for the protection of
rivers. Such model ordinance may include, but need
not be limited to, recommendations for the
modification of municipal plans of development and
zoning, subdivision, site plan and wetlands
regulations as necessary to allow implementation
of a river protection ordinance or regulation.
Such recommendations may concern tourism,
navigation, utility and transportation
rights-of-way and water-dependent recreational,
industrial, commercial, agricultural 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 for
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.
Sec. 2. Section 8-1aa of the general statutes
is repealed and the following is substituted in
lieu thereof:
As used in section [8-2i] 8-2:
(1) "Traprock ridge" means Beacon Hill,
Saltonstall Mountain, Totoket Mountain, Pistapaug
Mountain, Fowler Mountain, Beseck Mountain, Higby
Mountain, Chauncey Peak, Lamentation Mountain,
Cathole Mountain, South Mountain, East Peak, West
Peak, Short Mountain, Ragged Mountain, Bradley
Mountain, Pinnacle Rock, Rattlesnake Mountain,
Talcott Mountain, Hatchett Hill, Peak Mountain,
West Suffield Mountain, Cedar Mountain, East Rock,
Mount Sanford, Prospect Ridge, Peck Mountain, West
Rock, Sleeping Giant, Pond Ledge Hill, Onion
Mountain, The Sugarloaf, The Hedgehog, West
Mountains, The Knolls, Barndoor Hills, Stony Hill,
Manitook Mountain, Rattlesnake Hill, Durkee Hill,
East Hill, Rag Land, Bear Hill, Orenaug Hills;
(2) "AMPHIBOLITE RIDGE" MEANS HUCKLEBERRY
HILL, EAST HILL, RAYTHUM HILL, HOAR HILL,
SWEETHEART HILL AND ONION HILL IN CANTON;
[(2)] (3) ["Traprock ridgeline"] "RIDGELINE"
means the line on a traprock OR AMPHIBOLITE ridge
created by all points at the top of a fifty per
cent slope, which is maintained for a distance of
fifty horizontal feet perpendicular to the slope
and which consists of surficial basalt geology,
identified on the map prepared by Stone et al.,
United States Geological Survey, entitled
"Surficial Materials Map of Connecticut";
[(3)] (4) "Ridgeline setback area" means the
area bounded by (A) a line that parallels the
ridgeline at a distance of one hundred fifty feet
on the more wooded side of the ridge, and (B) the
contour line where a ridge of less than fifty per
cent is maintained for fifty feet or more on the
rockier side of the slope, mapped pursuant to
section 8-2;
[(4)] (5) "Development" means the
construction, reconstruction, alteration, or
expansion of a building; and
[(5)] (6) "Building" means any structure other
than (A) a facility as defined in section 16-50i
or (B) structures of a relatively slender nature
compared to the buildings to which they are
associated, including but not limited to chimneys,
flagpoles, antennas, utility poles and steeples.
Sec. 3. Subsection (c) of section 8-2 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(c) In any municipality where a traprock
ridge, as defined in section 8-1aa, OR AN
AMPHIBOLITE RIDGE AS DEFINED IN SECTION 8-1aa, is
located the regulations may provide for
development restrictions in ridgeline setback
areas, as defined in said section. The regulations
may restrict quarrying and clear cutting, except
that the following operations and uses shall be
permitted in ridgeline setback areas, as of right:
(1) Emergency work necessary to protect life and
property; (2) any nonconforming uses that were in
existence and that were approved on or before the
effective date of regulations adopted under this
section; and (3) selective timbering, grazing of
domesticated animals and passive recreation.
Approved May 22, 1998