Sec. 22a-328. Guidelines for soil erosion and sediment control.
Sec. 22a-314. (Formerly Sec. 25-104). General duties of commissioner concerning soil and water erosion. The Commissioner of Energy and Environmental Protection may (a) make or cause to be made surveys, investigations and research concerning the problems of soil and water erosion and its control and soil health and publish his findings and disseminate information concerning the subject; (b) cooperate with or enter into agreements with any state agency or any owner or occupant of land in this state to carry out the provisions of this section; (c) obtain options upon or acquire, by purchase, exchange, lease, gift, grant, bequest or devise, any property, real or personal, or rights or interests therein, maintain, administer and improve any property so acquired, and receive income from such property and expend such income in carrying out the purposes of this section; and may sell, lease or otherwise dispose of any such property or interest therein for such purposes; (d) accept contributions in money, services, materials or otherwise from the United States or from this state or from any person, firm or corporation for such purposes; (e) cooperate with and enter into agreements with soil and water conservation districts and boards to provide available federal resources to study and improve soil health; and (f) as a condition to extending of any material benefits to landowners, under this section, require contributions to any operations upon such land and require landowners who have consented to such work being done on their land to enter into and perform such agreements as to long-term use of such lands as will tend to prevent erosion thereon. Said commissioner, or any assistant or employee of the Department of Energy and Environmental Protection, may, at any reasonable time and upon notice by registered mail sent to the last-known address of the owner of such premises or with the oral permission of such owner or his agent, enter any premises while engaged in the performance of duty under the provisions of this title. Said commissioner shall have power to make necessary regulations to carry out the provisions of this section.
(1949 Rev., S. 3062, 3063; 1955, S. 1703d; November, 1955, S. N175; 1959, P.A. 637, S. 2; 1961, P.A. 67; 104, S. 1; 1967, P.A. 351; 1971, P.A. 872, S. 122; P.A. 74-325, S. 2, 5; P.A. 11-80, S. 1; P.A. 21-88, S. 2.)
History: 1959 act replaced commissioner of agriculture with commissioner of agriculture, conservation and natural resources; 1961 acts replaced commissioner of agriculture, conservation and natural resources with commissioner of agriculture and natural resources and included “water” erosion as a concern under section provisions; 1967 act added provision authorizing commissioner and department personnel to enter premises while performing their duties; 1971 act replaced commissioner and department of agriculture and natural resources with commissioner and department of environmental protection; P.A. 74-325 deleted Subdiv. (b) which had required commissioner to assist individuals with soil and water erosion problems in formation of voluntary associations for mutual assistance in dealing with such problems; Sec. 25-104 transferred to Sec. 22a-314 in 1983; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-88 added reference to soil health, added new Subsec. (e) re agreements with soil and water conservation districts and redesignated existing Subsec. (e) as Subsec. (f).
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Sec. 22a-315. (Formerly Sec. 25-104a). Soil and water conservation districts and boards; establishment, powers and council. (a) In order to assist the Commissioner of Energy and Environmental Protection in identifying and remedying the problems of soil and water erosion, the commissioner shall, by regulation, establish soil and water conservation districts and boards. Such boards shall advise the commissioner on matters of soil and water conservation, soil health, erosion and sedimentation control and shall assist the commissioner in implementing programs concerning such matters. Such regulations shall (1) establish geographic boundaries for each district, (2) establish procedures for the selection, by the residents in each district, of a board of supervisors for each district, and (3) provide operating procedures for such boards of such districts. Such regulations shall be adopted pursuant to chapter 54.
(b) The commissioner by regulation pursuant to chapter 54, may authorize such boards to (1) develop soil and water conservation, soil health, erosion and sedimentation control programs, priorities and workplans; (2) provide, by agreement, for technical assistance from cooperating state and federal agencies to municipal and regional agencies and to landowners; (3) receive funds, by transfer, grant or otherwise from the commissioner, including grants pursuant to section 22a-317, or by donation or subscription from private sources, and expend such funds without regard to the provisions of chapter 50; (4) use or provide for the use of state equipment made available pursuant to section 22a-316; (5) enter into contracts and employ consultants and other assistants on a contract basis or other basis for rendering legal, financial, technical or other assistance and duties to carry out the purposes of this chapter; and (6) acquire property by purchase, lease, gift or otherwise and to hold such property in the name of the district.
(c) The commissioner may, by regulation, adopted pursuant to chapter 54, establish a council to coordinate the activities of such boards of such districts with the activities of the Department of Energy and Environmental Protection and other state, regional and local agencies and propose regulations to said department in matters of soil and water erosion conservation and to advise and assist the commissioner in conserving and protecting the land, water and other natural resources of the state. The council shall be within the Department of Energy and Environmental Protection for administrative purposes only. Such council shall consist of nine members, five representing the soil and water conservation districts to be selected by each of the five districts' boards, the Commissioner of Energy and Environmental Protection or a designee, the Commissioner of Agriculture, or a designee, a representative of a nongovernmental organization appointed by the Governor and a representative of The University of Connecticut's cooperative extension system. In addition, the council shall include, but not be limited to, the following at-large nonvoting members: The State Conservationist or designee of the Natural Resource Conservation Service, the director of the Connecticut Agricultural Experiment Station or a designee, the director of the Storrs Agricultural Experiment Station or a designee, municipal staff representatives responsible for erosion and sedimentation control, the State Committee Chairman of the Farm Services Agency and a council member of a resource conservation and development area. The commissioner shall have the authority to receive funds from any source on behalf of the council and shall expend such funds with the advice and consent of the council for equipment, supplies, and such full-time and part-time staff and consultants as may be necessary to carry out the council's duties and any other at-large, nonvoting members who have expertise to support the duties of the council.
(d) The council may receive funds from any source and expend such funds for equipment, supplies, staff and consultants as may be necessary to carry out its duties. The council shall distribute funds for program activities after a vote in which the members representing the boards of the soil and water conservation districts shall collectively have one vote. The council may employ an executive director who shall not be subject to the provisions of chapter 67. The council may seek funding and provide financial support to boards of soil and water conservation districts and other organizations for activities contributing to soil and water conservation and soil health. The council may adopt and amend by a majority vote such bylaws as it deems necessary to conduct its business.
(e) Prior to the promulgation of any regulations by the commissioner pursuant to subsections (a) and (b) of this section, such proposed regulations shall first be approved by a majority of said council.
(f) For the purposes of this section, soil and water conservation districts or boards shall not be considered state agencies or political or administrative subdivisions of the state.
(P.A. 74-325, S. 1, 5; P.A. 75-428, S. 1, 2; P.A. 77-146, S. 1, 2; P.A. 82-390, S. 1, 2; 82-472, S. 175, 183; June Sp. Sess. P.A. 91-10, S. 18, 20; P.A. 04-151, S. 9; P.A. 11-80, S. 1; P.A. 21-88, S. 3.)
History: P.A. 75-428 added Subdivs. (5) and (6), authorizing commissioner to make contracts and acquire property, in Subsec. (b) and added Subsec. (e); P.A. 77-146 authorized commissioner to receive funds on behalf of council and to expend such funds for equipment, supplies, staff, etc. in Subsec. (c); P.A. 82-390 amended Subsec. (c) to place the council within the department of environmental protection for administrative purposes, added membership from the state agricultural stabilization and conservation committee, included as ex-officio members the executive director of the agricultural stabilization and conservation service, the Director of the Farmers Home Administration, the director of the Connecticut agricultural experiment station, the director of the Storrs agricultural experiment station and the area director of the United States Forest Service and inserted new Subsec. (d) authorizing the commissioner to solicit and receive funds from any source, relettering former Subsecs. (d) and (e) accordingly; P.A. 82-472 made a technical change in Subsec. (d); Sec. 25-104a transferred to Sec. 22a-315 in 1983; June Sp. Sess. P.A. 91-10 amended Subsec. (c) to make establishment of the council discretionary on the part of the commissioner; P.A. 04-151 amended Subsec. (c) to revise provisions re powers of the council to allow it to advise and assist the commissioner in conserving the natural resources of the state, to revise the membership of the council, and to allow at-large nonvoting members, effective May 21, 2004; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-88 amended Subsecs. (a), (b) and (d) by adding references to soil health and made technical changes in Subsec. (a).
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Sec. 22a-328. Guidelines for soil erosion and sediment control. The council shall develop guidelines for soil erosion and sediment control on land being developed and improving and preserving soil health. The guidelines shall outline methods and techniques for minimizing erosion and sedimentation based on the best currently available technology. Such guidelines shall include, but not be limited to, model regulations that may be used by municipalities to comply with the provisions of sections 22a-325 to 22a-329, inclusive. The Commissioner of Energy and Environmental Protection and the soil and water conservation districts shall make the guidelines available to the public.
(P.A. 83-388, S. 4; P.A. 11-80, S. 1; P.A. 21-88, S. 4.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 21-88 added reference re soil health.
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