Sec. 22a-104. Implementation of municipal coastal program. Amendments.
Sec. 22a-104. Implementation of municipal coastal program. Amendments.
(a) If a municipality has adopted a municipal coastal program in accordance with sections
22a-101, 22a-102 and 22a-103, such program shall be implemented by those municipal
bodies exercising legal authority for the regulatory decisions listed in subsection (b) of
section 22a-105. The provisions of subsections (b) to (e), inclusive, of this section shall
apply to such municipality.
(b) Amendments to the municipal plan of conservation and development affecting
the area within the coastal boundary or municipal coastal regulations shall be made
in accordance with subsection (e) of this section and sections 22a-101, 22a-102 and
22a-103.
(c) When amendments are made to the municipal plan of conservation and development affecting the area within the coastal boundary, the municipality shall also make
such amendments to the zoning regulations and other municipal coastal regulations
listed in subdivision (2) of subsection (b) of section 22a-101 in accordance with applicable statutory requirements regarding amendment of such regulations and ordinances as
are necessary to insure that such regulations conform to and effectuate the policies and
land and water use strategies of the amended plans.
(d) When amendments are made to zoning regulations and other municipal coastal
regulations listed in subdivision (2) of subsection (b) of section 22a-101 without prior
amendments to corresponding provisions of municipal coastal plans, such regulations,
as amended, shall conform to and effectuate the policies and land and water use strategies
of the municipal coastal plans and the criteria listed in subsections (a) and (b) of section
22a-102.
(e) Any proposed municipal plan of conservation and development or zoning regulations or changes thereto affecting the area within the coastal boundary, regardless of
whether the municipality affected has adopted a municipal coastal program in accordance with sections 22a-101, 22a-102 and 22a-103, shall be consistent with the policies
of section 22a-92 and the criteria of subsection (b) of said section 22a-102. The commissioner shall be notified of any such proposed municipal plan of conservation and development or zoning regulations or changes thereto at least thirty-five days prior to the
commencement of the hearing thereon. The commissioner may comment on and make
recommendations on such proposals or changes. Such comment shall be read into the
record of the public hearing and shall be considered by the appropriate board or commission before final action on the proposals or changes. Failure to comment by the commissioner shall not be construed to be approval or disapproval.
(P.A. 79-535, S. 10, 25; P.A. 83-287, S. 2, 3; P.A. 95-335, S. 21, 26.)
History: P.A. 83-287 amended Subsec. (a) to clarify the application of Subsecs. (b) to (e), inclusive, to municipalities
with coastal programs and replaced previous Subsec. (e) re procedure for adoption of proposed amendments with new
provisions; P.A. 95-335 amended Subsecs. (b), (c) and (e) to change "plan of development" to "plan of conservation and
development", effective July 1, 1995.
Subsec. (e):
Provision that commissioner may comment is directory and not mandatory; failure to read commissioner's entire letter
into the record did not invalidate commission's action when salient portions were read into the record, a summary of other
provisions was read in and copies of the entire letter were made available to the public. 58 CA 29.