§ 22a-403 — (Formerly Sec. 25-112). Permits for construction. Notice and requirements for hearing.

Connecticut § 22a-403

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 446j: Dams and Reservoirs

Text

(a) Before any person constructs, alters, rebuilds, substantially repairs, adds to, replaces or removes any such structure, such person shall apply to the commissioner for a permit to undertake such work. The application for such permit shall be in triplicate, the original of which, with necessary drawings, plans, specifications and other data, shall be submitted to the commissioner, in the form and to the extent required by him. If the commissioner finds that an application is complete, he shall (1) notify the applicant by electronic means or certified mail, return receipt requested, of his intent to grant a permit with or without terms and conditions or to deny a permit for such work, and (2) publish notice of such intention in a newspaper having a general circulation in the area in which the proposed work will take place or have effect. The commissioner shall mail or provide by electronic means notice of such intent to the chief executive officer, the inland wetland agency, and the planning, zoning and conservation commissions of each town in which the work will take place or have effect. The commissioner may hold a hearing prior to approving or denying any application if, in his discretion, the public interest will be best served thereby, and he shall hold a hearing if, within thirty days after such notice has been published, he receives a petition requesting such a hearing signed by at least twenty-five persons. Notice of such hearing shall be published at least thirty days before the hearing in a newspaper having a general circulation in the area in which the work will take place or have effect. (b) The commissioner or the commissioner's representative, engineer or consultant shall determine the impact of the construction work on the environment, on the safety of persons and property and on the tidal wetlands and inland wetlands and watercourses of the state in accordance with the provisions of sections 22a-28 to 22a-45 , inclusive, and shall further determine the need for a fishway in accordance with the provisions of section 26-136 , and shall examine the documents and inspect the site, and, upon approval thereof, the commissioner shall issue a permit authorizing the proposed construction work under such conditions as the commissioner may direct. The commissioner shall send a copy of the permit to the town clerk in any municipality in which the structure is located or any municipality which will be affected by the structure. An applicant for a permit issued under this section to construct a dam for a public drinking water supply shall notify the Commissioner of Public Health of such application. An applicant for a permit issued under this section to alter, rebuild, repair or remove an existing dam shall not be required to obtain a permit under sections 22a-28 to 22a-45a , inclusive, or section 22a-342 , 22a-361 or 22a-368 . An applicant for a permit issued under this section to construct a new dam shall not be required to obtain a permit under sections 22a-28 to 22a-45a , inclusive, for such construction. An applicant for a dam safety permit shall not be required to obtain approval of a certification under section 25-68d .

Legislative History

(1949 Rev., S. 4731; November, 1955, S. N204; 1957, P.A. 364, S. 19; 1971, P.A. 872, S. 132; P.A. 73-571, S. 8, 9; P.A. 82-134, S. 2; P.A. 83-555, S. 3; P.A. 84-127, S. 1, 4; P.A. 92-162, S. 12, 25; P.A. 93-428, S. 5, 39; P.A. 96-145, S. 6; P.A. 98-209, S. 12; P.A. 13-197, S. 2; 13-208, S. 62; 13-209, S. 8.) History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; P.A. 73-571 required that commissioner, his representative, the engineer or consultant determine the environmental impact of construction work on inland wetlands; P.A. 82-134 amended section to authorize the commissioner to consider the need for a fishway in issuing a permit and to specify that municipalities must obtain permits; Sec. 25-112 transferred to Sec. 22a-403 in 1983; P.A. 83-555 deleted the commissioner's power to require a permit fee of not less than $1 nor more than $10; P.A. 84-127 added provision requiring the commissioner to publish notice of his decision in a newspaper; P.A. 92-162 divided section into Subsecs., amended Subsec. (a) to provide for notice and hearing requirements and amended Subsec. (b) to add environmental impact and public safety to determinations the commissioner must make prior to issuing a permit under this section; P.A. 93-428 amended Subsec. (b) to make minor changes in grammar, to delete a notice requirement and to require the commissioner to send a copy of any permit issued under this section to the appropriate town clerks, effective July 1, 1993; P.A. 96-145 deleted redundant references to entities subsumed within the definition of “person” and provided for permit applications to be in triplicate in Subsec. (a); P.A. 98-209 amended Subsec. (b) to exempt applicants for permits under this section from requirements to obtain certain other permits; P.A. 13-197 amended Subsec. (b) to add reference to tidal wetlands, replace references to Sec. 22a-36 with references to Sec. 22a-28, add reference to Sec. 22a-361 and add provision re applicant for a dam safety permit not to be required to obtain approval of a certification under Sec. 25-68d; P.A. 13-208 amended Subsec. (b) by adding provision re notice to Commissioner of Public Health of application to construct a dam for a public drinking water supply and by making a technical change; P.A. 13-209 amended Subsec. (a) by adding provisions re notice by electronic means. Annotations to former section 25-112: If original plan was illegal for lack of compliance with chapter, an agreement to “rebuild”, if destroyed, is unenforceable. 74 C. 208. Jury could find that erection of flashboards without required approval constituted negligence. 127 C. 632. To be actionable the violation of statute must be shown to have been the proximate cause of the injury. 147 C. 153. Cited. 23 CS 90. Annotations to present section: Cited. 197 C. 134; 226 C. 579. Cited. 41 CA 120.