Sec. 22a-344. (Formerly Sec. 25-4c). Public hearing. Order establishing lines.
Sec. 22a-344. (Formerly Sec. 25-4c). Public hearing. Order establishing lines.
The commissioner or a hearing examiner, designated by him, shall hold a public hearing
to review the proposed encroachment lines along any waterway or flood-prone area
prepared in accordance with section 22a-343 with due consideration of the equities
involved. Notice of such hearing shall be given by mail to all property owners known
to be affected by the proposed lines and shall be published three times in a newspaper
having a general circulation in the area involved. The commissioner shall take appropriate steps to inform the public and the interested property owners of the proposals by
making suitable maps available in the office of the town clerk of the town wherein
the property is located for inspection, study and discussion. After consideration of all
testimony and pertinent facts at his disposal and with due regard for the public interest
and the rights of respective property owners, the commissioner may approve the location
of the lines as proposed or as modified and thereupon shall establish such lines by order.
Such order shall be recorded with appropriate maps with the town clerks of the respective
towns involved. Notice of such order establishing or altering such line or lines shall be
mailed to all persons known to be affected thereby and shall be published three times
in a newspaper having a general circulation in the area involved. Any person aggrieved
by any order of the commissioner as to the location of such line may appeal therefrom,
in accordance with the provisions of section 4-183, except venue for such appeal shall
be in the judicial district of New Britain.
(1963, P.A. 435, S. 3; 1971, P.A. 872, S. 47; P.A. 76-436, S. 465, 681; P.A. 77-603, S. 105, 125; P.A. 80-483, S. 162,
186; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)
History: 1971 act replaced references to water resources commission with references to environmental protection
commissioner and authorized designated hearing examiners to conduct hearings; P.A. 76-436 replaced court of common
pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous appeal provisions with requirement that
appeals be made in accordance with Sec. 4-183, but retained venue in Hartford county; P.A. 80-483 replaced Hartford
county with judicial district of Hartford-New Britain; Sec. 25-4c transferred to Sec. 22a-344 in 1983; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the
effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced
"judicial district of Hartford" with "judicial district of New Britain", effective June 29, 1999.
See Sec. 52-192 re precedence of appeal.
Annotation to former section 25-4c:
Cited. 179 C. 250.
Annotation to present section:
Cited. 215 C. 616.