Connecticut Seal

General Assembly

Amendment

 

January Session, 2009

LCO No. 6821

   
 

*HB0658906821SRO*

Offered by:

 

SEN. RORABACK, 30th Dist.

 

To: House Bill No. 6589

File No. 882

Cal. No. 594

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 47-42d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2009):

(a) For purposes of this section, "state or local land use agency" includes, but is not limited to, a municipal planning commission, municipal zoning commission, combined municipal planning and zoning commission, a municipal zoning board of appeals, municipal inland wetlands and watercourses agency, a municipal historic district commission and any state agency that issues permits for the construction or improvement of real property.

(b) No person shall file a permit application with a state or local land use agency or a local building official or director of health, other than for interior work in an existing building or for exterior work that does not expand or alter the footprint of an existing building, relating to property that is subject to a conservation restriction or a preservation restriction unless the applicant provides proof that the applicant has provided written notice of such application, by certified mail, return receipt requested, to the party holding such restriction not later than sixty days prior to the filing of the permit application. In lieu of such notice, the applicant may submit a letter from the holder of such restriction or from the holder's authorized agent, verifying that the application is in compliance with the terms of the restriction. If the applicant has provided written notice pursuant to this subsection, the holder of the restriction may provide proof to the state or local land use agency or local building official or director of health that granting of the permit application will violate the terms of the restriction and such agency, official or director shall not grant the permit. The applicant shall not be required to provide the notice required under this subsection if such applicant demonstrates to the satisfaction of the issuing authority that the activity for which a permit is required will not take place on the portion of the real property that is subject to the conservation restriction.

(c) If the applicant fails to comply with the provisions of subsection (b) of this section, the party holding the conservation or preservation restriction may, not later than fifteen days after receipt of actual notice of permit approval, file an appeal with the state or local land use agency or local building official or director of health, subject to any rules of such agency, official or director relating to appeals. The agency, official or director shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction. "