§ 5. Activities regulated by the state.  


Latest version.
  • 5.1  [Regulated activities:] In addition to any permit or approval required by the Agency, the Commissioner of Environmental Protection shall regulate activities in or affecting wetlands or watercourses subject to the following jurisdiction:

    5.1.1 Construction or modification of any dam pursuant to sections 22a-401 through 22a-410 of the General Statutes, as amended;

    5.1.2 Construction or placement of any obstruction within stream channel encroachment lines pursuant to sections 22a-342 through 22a-349 of the General Statutes as amended;

    5.1.3 Construction or placement of any structure or obstruction within the tidal, coastal or navigable waters of the state pursuant to sections 22a-359 through 22a-363 or in designated tidal wetlands pursuant to sections 22a-28 through 22a-35 of the General Statutes, as amended;

    5.1.4 Diversion of water in excess of fifty thousand (50,000) gallons per day or any surface waters of the state where the tributary watershed area above the point of diversion is one hundred (100) acres or larger pursuant to sections 22a-365 through 22a-378 of the General Statutes, as amended;

    5.1.5 Discharges into the waters of the state pursuant to section 22a-40 of the General Statutes, as amended;

    5.1.6 Discharge of fill or dredged materials into the wetlands and watercourses of the state pursuant to section 401 of the Federal Clean Water Act, as amended, for activities regulated by the U.S. Army Corps of Engineers under section 404 of the Federal Clean Water Act.

    5.2  [Exclusive jurisdiction:] The Commissioner of Environmental Protection shall have jurisdiction over regulated activities and other activities, in or affecting wetlands or watercourses, undertaken by any department, agency or instrumentality of the State of Connecticut, 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 the wetland is located or (2) thirty-five (35) days after receipt by the commissioner of such application, whichever occurs first.