§ 26-17a — Acquisition and preservation of tidal wetlands.

(a) For the purposes of this section, “tidal wetlands” means any land contiguous with, adjacent to or adjoining waters which are subject to tidal action at any time. The Department of Energy and Environmental Protection shall establish a program for the protection, preservation, acquisition and improvement of the tidal wetlands of the state. (b) The Commissioner of Energy and Environmental Protection may, by purchase, exchange, condemnation, gift, devise, lease or otherwise, acquire tidal wetlands or any easements, interests or rights therein, or enter into covenants and agreements with owners of such tidal wetlands to maintain, improve, protect, limit the future use of or otherwise conserve such tidal wetlands. The commissioner may also enter into leases with an option to buy tidal wetlands, provided the term of any such lease shall not exceed ten years. (c) The commissioner is authorized to take land or any interests therein by right of eminent domain in the manner provided in section 48-12 for the purposes for which he is authorized to acquire land under the provisions of subsection (b) of this section. All of the owners of different tracts of land which are included in the same tidal wetlands area may be joined in the same action. (d) When the municipal property tax on any tidal wetlands is unpaid for a period of six years, the tax collector of the municipality in which such tidal wetlands are located shall notify the Commissioner of Energy and Environmental Protection. Said commissioner may direct the municipality to take title to such tidal wetlands by foreclosure of its tax liens and, upon payment to the municipality of a sum equal to the amount of the tax liens foreclosed and the expenses incurred by it in the foreclosure action, the municipality shall convey title of said wetlands to the state. See Sec. 22a-29 et seq. re regulation of wetlands.

Legislative History

(1967, P.A. 536, S. 1-5; 1971, P.A. 872, S. 221; P.A. 05-288, S. 116; P.A. 11-80, S. 1.) History: 1971 act replaced department of agriculture and natural resources with department of environmental protection; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; 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.