§ 22a-39 — Duties of commissioner.

Connecticut § 22a-39

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 440: Wetlands and Watercourses

Text

The commissioner shall: (a) Exercise general supervision of the administration and enforcement of sections 22a-36 to 22a-45 , inclusive; (b) Develop comprehensive programs in furtherance of the purposes of said sections; (c) Advise, consult and cooperate with other agencies of the state, the federal government, other states and with persons and municipalities in furtherance of the purposes of said sections; (d) Encourage, participate in or conduct studies, investigations, research and demonstrations, and collect and disseminate information, relating to the purposes of said sections; (e) Retain and employ consultants and assistants on a contract or other basis for rendering legal, financial, technical or other assistance and advice in furtherance of any of its purposes, specifically including, but not limited to, soil scientists on a cost-sharing basis with the United States Soil Conservation Service for the purpose of (1) completing the state soils survey and (2) making on-site interpretations, evaluations and findings as to soil types; (f) Adopt such regulations, in accordance with the provisions of chapter 54, as are necessary to protect the wetlands or watercourses or any of them individually or collectively; (g) Inventory or index the wetlands and watercourses in such form, including pictorial representations, as the commissioner deems best suited to effectuate the purposes of sections 22a-36 to 22a-45 , inclusive; (h) Grant, deny, limit or modify in accordance with the provisions of section 22a-42a , an application for a license or permit for any proposed regulated activity conducted by any department, agency or instrumentality of the state, except any local or regional board of education, (1) after an advisory decision on such license or permit has been rendered to the commissioner by the wetland agency of the municipality within which such wetland is located or (2) thirty-five days after receipt by the commissioner of such application, whichever occurs first; (i) Grant, deny, limit or modify in accordance with the provisions of section 22a-42 and section 22a-42a , an application for a license or permit for any proposed regulated activity within a municipality which does not regulate its wetlands and watercourses; (j) Exercise all incidental powers including but not limited to the issuance of orders necessary to enforce rules and regulations and to carry out the purposes of sections 22a-36 to 22a-45 , inclusive; (k) (1) Conduct a public hearing no sooner than thirty days and not later than sixty days following the receipt by said commissioner of any inland wetlands application, provided whenever the commissioner determines that the regulated activity for which a permit is sought is not likely to have a significant impact on the wetland or watercourse, the commissioner may waive the requirement for public hearing after (A) publishing notice, in a newspaper having general circulation in each town wherever the proposed work or any part thereof is located, of the commissioner's intent to waive said requirement, and (B) mailing or providing by electronic means notice of such intent to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairperson of the conservation commission and inland wetlands agency of each such town or towns, except that the commissioner shall hold a hearing on such application upon receipt, not later than thirty days after such notice has been published, sent or mailed, of a petition signed by at least twenty-five persons requesting such a hearing, unless the regulated activity is a transportation capital project subject to the provisions of subdivisions (2) and (3) of this subsection. The commissioner shall (i) publish notice of such hearing at least once not more than thirty days and not fewer than ten days before the date set for the hearing in a newspaper having a general circulation in each town where the proposed work, or any part thereof, is located, and (ii) mail or provide by electronic means notice of such hearing to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairperson of the conservation commission and inland wetlands agency of each such town or towns. All applications and maps and documents relating thereto shall be open for public inspection at the office of the commissioner. The commissioner shall state upon the commissioner's records the commissioner's findings and reasons for the action taken. (2) If the regulated activity is a transportation capital project and (A) such project is not located at an airport, as defined in section 15-34 , (B) the federal government requires public participation regarding such regulated activity, (C) the person proposing to conduct or cause to be conducted such regulated activity sought public input on such regulated activity by implementing a plan approved by an agency of the federal government, and (D) such person submits to the commissioner a copy of the approved plan for public participation, a written summary of the opportunities for public participation that were provided and a copy or record of any comments received regarding such regulated activity and how such comments were responded to or addressed, the commissioner shall only be required to hold a public hearing on such application, upon receipt of a petition, signed by at least twenty-five persons, that alleges aggrievement or unreasonable pollution or destruction of the public trust. (3) For the purposes of subdivision (2) of this subsection, a petition alleges aggrievement or unreasonable pollution or destruction of the public trust if the petition sets forth specific facts that demonstrate that the legal rights, duties or privileges of at least one person who signed the petition will be, or may reasonably be expected to be, affected by such regulated activity, or that alleges that the regulated activity involves conduct that has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state. Any such petition shall identify the relevant statutory or regulatory provision which the petitioners claim such proposed regulated activity does not satisfy. The commissioner shall provide a copy of any such petition received to the person proposing to conduct or cause to be conducted such regulated activity, who, not more than seven business days after receipt of such petition, may object to such petition on the basis that the petition does not contain the specific factual demonstration required by this subdivision. The commissioner shall determine whether the petition satisfies the requirements of this subdivision and shall send notice of such determination, in writing, to the person proposing to conduct or cause to be conducted such regulated activity and the person who submitted the petition. (4) Nothing in this subsection shall be construed to modify or limit any requirements of sections 22a-1a to 22a-1h , inclusive, concerning a public scoping process, a public hearing or public participation; (l) Develop a comprehensive training program for inland wetlands agency members; (m) Adopt regulations in accordance with the provisions of chapter 54 establishing reporting requirements for inland wetlands agencies, which shall include provisions for reports to the commissioner on permits, orders and other actions of such agencies and development of a form for such reports; and (n) The commissioner shall issue a certificate to any member of a municipal inland wetlands agency or its staff who completes the training program offered annually by the commissioner for such officials. See Sec. 22a-6n re notice of commissioner's determination regarding application under this section.

Legislative History

(1972, P.A. 155, S. 5; P.A. 77-397; 77-599, S. 1, 7; P.A. 80-16; P.A. 87-533, S. 3, 14; P.A. 95-313, S. 2; P.A. 13-209, S. 3; P.A. 24-81, S. 128.) History: P.A. 77-397 specifically mentioned commissioner's power to issue orders in Subdiv. (h) and added Subdiv. (i) re commissioner's duty to conduct public hearings on inland wetlands applications; P.A. 77-599 inserted new Subdivs. (h) and (i) re commissioner's power to grant, deny, limit or modify applications for permits or licenses and relettered former Subdivs. (h) and (i) as (j) and (k); P.A. 80-16 expanded Subdiv. (k) to include provisions re waiver of hearing requirement and re hearings held upon receipt of petition requesting hearing; P.A. 87-533 amended Subdiv. (f) by adding reference to chapter 54 and added Subdiv. (l) regarding a training program for inland wetlands agency members and Subdiv. (m) regarding adoption by the commissioner of regulations establishing reporting requirements for inland wetlands agencies; P.A. 95-313 added Subdiv. (n) re certificate for municipal officials who have completed the training program; P.A. 13-209 amended Subdiv. (k) by adding provisions authorizing commissioner to provide notice to chief administrative officer by electronic means and making technical changes; P.A. 24-81 amended Subdiv. (k) to designate existing provisions as new Subpara. (1) and amend same to redesignate existing Subparas. (1) and (2) as new clauses (A) and (B), add provision re exception if regulatory activity is transportation capital project subject to new Subpara. (2) and Subpara. (3), redesignate existing clauses (A) and (B) as subclauses (i) and (ii) and make technical changes, added new Subpara. (2) re public hearing when regulated activity is transportation capital project, added Subpara. (3) re petition that alleges aggrievement or unreasonable pollution or destruction of public trust and added Subpara. (4) re nothing to be construed to modify or limit requirements of Secs. 22a-1a to 22a-1h, effective July 1, 2024. Cited. 179 C. 250; 180 C. 421; Id., 692; 183 C. 532; 186 C. 67; 196 C. 213; 203 C. 525; 209 C. 544; Id., 652; 211 C. 416; 212 C. 710; Id., 727; 213 C. 604; 216 C. 320; 217 C. 164; 218 C. 703; 219 C. 404; 220 C. 362; Id., 476; 226 C. 579; 228 C. 95; 229 C. 247; Id., 627; Id., 654; 231 C. 451; 242 C. 335. Cited. 4 CA 271; 5 CA 70; 6 CA 715; 12 CA 47; 15 CA 336; 18 CA 440; 19 CA 713; 20 CA 309; 26 CA 564; 27 CA 590; 28 CA 262; Id., 780; 29 CA 12; Id., 105; 30 CA 85; 31 CA 105; Id., 599; judgment reversed, see 229 C. 627; Id., 643; 32 CA 799; 34 CA 385; 36 CA 270; 37 CA 166. Cited. 35 CS 145; 36 CS 1; 41 CS 184; Id., 444; 42 CS 57.