Sec. 22a-342. (Formerly Sec. 25-4a). Establishment of stream channel encroachment lines. Permits for encroachments, required findings. Fees.
Sec. 22a-342. (Formerly Sec. 25-4a). Establishment of stream channel encroachment lines. Permits for encroachments, required findings. Fees. The commissioner shall establish, along any tidal or inland waterway or flood-prone area considered
for stream clearance, channel improvement or any form of flood control or flood alleviation measure, lines beyond which, in the direction of the waterway or flood-prone area,
no obstruction, encroachment or hindrance shall be placed by any person, and no such
obstruction, encroachment or hindrance shall be maintained by any person unless authorized by said commissioner. The commissioner shall issue or deny permits upon applications for establishing such encroachments based upon his findings of the effect of such
proposed encroachments upon the flood-carrying and water storage capacity of the waterways and flood plains, flood heights, hazards to life and property, and the protection
and preservation of the natural resources and ecosystems of the state, including but not
limited to ground and surface water, animal, plant and aquatic life, nutrient exchange,
and energy flow, with due consideration given to the results of similar encroachments
constructed along the reach of waterway. Each application for a permit shall be accompanied by a fee as follows: (1) No change in grades and no construction of above-ground
structures, three hundred seventy-five dollars; (2) a change in grade and no construction
of above-ground structures, seven hundred fifty dollars; and (3) a change in grade and
above-ground structures or buildings, three thousand seven hundred fifty dollars.
(1963, P.A. 435, S. 1; 1971, P.A. 872, S. 45; P.A. 73-590, S. 2, 3; P.A. 90-231, S. 11, 28; P.A. 91-369, S. 26, 36; P.A.
98-209, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 127.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner; P.A. 73-590 clarified applicable waterways as "tidal or inland" and required that findings contain effect of
encroachment upon water storage capacity, floodplains and upon protection and preservation of natural resources and
ecosystems; Sec. 25-4a transferred to Sec. 22a-342 in 1983; P.A. 90-231 required the payment of application fees and
provided that on and after July 1, 1995, the fees shall be prescribed by regulations; P.A. 91-369 restated commissioner's
authority to adopt regulations setting the fees required by this section; P.A. 98-209 prohibited hindrances beyond stream
channel encroachment lines and prohibited maintenance of obstructions, encroachments or hindrances beyond such lines;
June 30 Sp. Sess. P.A. 03-6 increased permit application fees by 50% in Subdivs. (1), (2) and (3) and deleted provisions
re amount of fees prescribed by regulation, effective August 20, 2003.
See Sec. 7-147 re municipal ordinances.
See Sec. 22a-27i re exemption of municipality for one year.
See Sec. 22a-360 re boundaries for structures.
Annotation to former section 25-4a:
Cited. 179 C. 250.
Annotations to present section:
Cited. 215 C. 616. Cited. 235 C. 448. Cited. 239 C. 124.
Cited. 24 CA 163.