Sec. 22a-45a. General permits for minor activities. Regulations.
Sec. 22a-45a. General permits for minor activities. Regulations. (a) The Commissioner of Environmental Protection may issue a general permit for any minor activity
regulated under sections 22a-36 to 22a-45, inclusive, except for any activity covered
by an individual permit, when such activity is conducted by any department, agency or
instrumentality of the state, other than a regional or local board of education, if the
commissioner determines that such activity would cause minimal environmental effects
when conducted separately and would cause only minimal cumulative environmental
effects. Such activities may include routine minor maintenance and routine minor repair
of existing structures; replacement of existing culverts; installation of water monitoring
equipment, including but not limited to staff gauges, water recording and water quality
testing devices; survey activities, including excavation of test pits and core sampling;
maintenance of existing roadway sight lines; removal of sedimentation and unauthorized
solid waste by hand or suction equipment; placement of erosion and sedimentation
controls; extension of existing culverts and stormwater outfall pipes; and safety improvements with minimal environmental impacts within existing rights-of-way of existing roadways. Any state department, agency or instrumentality of the state, other than
a regional or local board of education conducting an activity for which a general permit
has been issued shall not be required to obtain an individual permit under any other
provision of said sections 22a-36 to 22a-45, inclusive, except as provided in subsection
(c) of this section. A general permit shall clearly define the activity covered thereby and
may include such conditions and requirements as the commissioner deems appropriate,
including but not limited to, management practices and verification and reporting requirements. The general permit may require any state department, agency or instrumentality of the state, other than a regional or local board of education, conducting any
activity under the general permit to report, on a form prescribed by the commissioner,
such activity to the commissioner before it shall be covered by the general permit. The
commissioner shall prepare, and shall annually amend, a list of holders of general permits
under this section, which list shall be made available to the public.
(b) Notwithstanding any other procedures in said sections 22a-36 to 22a-45, inclusive, any regulations adopted thereunder, and chapter 54, the commissioner may issue,
revoke, suspend or modify a general permit in accordance with the following procedures:
(1) The commissioner shall publish in a newspaper having a substantial circulation in
the affected area or areas notice of intent to issue a general permit; (2) the commissioner
shall allow a comment period of thirty days following publication of such notice during
which interested persons may submit written comments concerning the permit to the
commissioner and the commissioner shall hold a public hearing if, within said comment
period, he receives a petition signed by at least twenty-five persons; (3) the commissioner
may not issue the general permit until after the comment period; and (4) the commissioner shall publish notice of any permit issued in a newspaper having substantial circulation in the affected area or areas. Any person may request that the commissioner issue,
modify or revoke a general permit in accordance with this subsection.
(c) Subsequent to the issuance of a general permit, the commissioner may require
any state department, agency or instrumentality, other than a regional or local board of
education, to apply for an individual permit under the provisions of said sections 22a-36 to 22a-45, inclusive, for all or any portion of the activities covered by the general
permit, if in the commissioner's judgment the purposes and policies of such sections
would be best served by requiring an application for an individual permit. The commissioner may require an individual permit under this subsection only if the affected state
department, agency or instrumentality has been notified in writing that an individual
permit is required. The notice shall include a brief statement of the reasons for the
decision and a statement that upon the date of issuance of such notice the general permit
as it applies to the individual activity will terminate.
(d) Any general permit issued under this section shall require that any state agency,
department or instrumentality other than a regional or local board of education, intending
to conduct an activity covered by such general permit shall, at least sixty days before
initiating such activity, give written notice of such intention to the inland wetlands
agency, zoning commission, planning commission or combined planning and zoning
commission and conservation commission of any municipality which will or may be
affected by such activity and to the department which shall make such notices available
to the public. The general permit shall specify the information which must be contained
in the notice. An inland wetlands agency, planning and zoning commission, conservation
commission or any person may submit written comments to the commissioner concerning such activity not later than twenty-five days prior to the date that the activity is
proposed to begin.
(e) The commissioner may adopt regulations in accordance with the provisions of
chapter 54 to carry out the purposes of this section.
(P.A. 91-263, S. 3, 8; P.A. 92-162, S. 15, 25.)
History: P.A. 92-162 amended Subsec. (d) to provide that any person may submit comments to the commissioner
concerning regulated activities permitted under this section prior to commencement of such activities and changed the
deadline for such comments from 30 days prior to such commencement to 25 days.
Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. 226 C. 579. Inland wetlands and watercourses act,
Sec. 22a-36 et seq. cited. 228 C. 95. Inlands wetlands and watercourses act cited. 229 C. 247. Cited. Id., 627; Id., 654.
Inland Wetlands and Watercourses Act cited. 242 C. 355.
Inland wetlands act cited. 30 CA 85. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105; Id.,
599; judgment reversed, see 229 C. 627, see also 36 CA 270. Inland wetlands and watercourses act cited. 32 CA 799.
Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385. Inland Wetlands and Watercourses Act cited.
36 CA 270; 37 CA 166.