Sec. 22a-363b. Activities eligible for certificate of permission. Exemptions. Issuance of certificate. Failure of commissioner to respond.
Sec. 22a-363b. Activities eligible for certificate of permission. Exemptions. Issuance of certificate. Failure of commissioner to respond. (a) Routine maintenance
of permitted structures, fill, obstructions or encroachments or routine maintenance of
structures, fill, obstructions or encroachments in place prior to June 24, 1939, and continuously maintained and serviceable since that date shall be exempt from the requirements
of obtaining certificates of permission or permits pursuant to section 22a-363a, this
section or section 22a-361. The following activities may be eligible for a certificate of
permission, in accordance with the provisions of subsections (c) and (d) of this section:
(1) Substantial maintenance or repair of existing structures, fill, obstructions or encroachments authorized pursuant to section 22a-33 or section 22a-361; (2) substantial
maintenance of any structures, fill, obstructions or encroachments in place prior to June
24, 1939, and continuously maintained and serviceable since such time; (3) maintenance
dredging of areas which have been dredged and continuously maintained and serviceable
as authorized pursuant to section 22a-33 or section 22a-361; (4) activities allowed pursuant to a perimeter permit and requiring authorization by the commissioner; (5) the removal of derelict structures or vessels; (6) minor alterations or amendments to permitted
activities consistent with the original permit; (7) minor alterations or amendments to
activities completed prior to June 24, 1939; (8) placement of temporary structures for
water-dependent uses, as defined in section 22a-93; (9) open water marsh management
and conservation activities undertaken by or under the supervision of the Department
of Environmental Protection; and (10) the placement or reconfiguration of piers, floats,
docks or moorings within existing waterward boundaries of recreational marinas or
yacht clubs which have been authorized pursuant to section 22a-33 or 22a-361. Notwithstanding the provisions of sections 22a-29 to 22a-35, inclusive, the commissioner may
issue a certificate of permission for activities enumerated in this subsection which are
to be conducted in tidal wetlands. Upon issuance, such certificate shall be in lieu of the
permit required pursuant to section 22a-32.
(b) The commissioner may issue a certificate of permission for activities which have
been completed prior to January 1, 1980, for which permits, certificates or emergency
authorizations are required pursuant to section 22a-32, this section, section 22a-361 or
22a-363d, which have been conducted without such permit, certificate or emergency
authorization, provided the applicant demonstrates that such activity does not interfere
with navigation or littoral or riparian rights and does not cause adverse impacts on
coastal resources, as defined in section 22a-93. In determining the eligibility of activities
conducted without prior authorization, the commissioner may consider whether the applicant acquired such real estate interest in the work site after the date of conduct of the
unauthorized activity, is not otherwise liable for the unauthorized activity as a result of
actions taken prior to the acquisition and did not know and had no reason to know of
the unauthorized activity. The commissioner may authorize the maintenance of unauthorized activities consistent with this subsection. Unauthorized activities which are ineligible for certificates of permission may be subject to applicable enforcement actions by
the commissioner.
(c) A request for a certificate of permission shall be made to the Commissioner of
Environmental Protection. If a proposed activity is within a category listed in subsection
(a) or (b) of this section the commissioner may, in whole or in part, approve, modify
and approve or deny a certificate. The commissioner shall issue such a certificate if the
eligible proposed activity is consistent with a permit issued pursuant to section 22a-33
or 22a-361 or was in place prior to June 24, 1939, and continuously maintained and
serviceable since such time. If the eligible proposed activity does not have a permit or
has not received any prior permits, the commissioner shall determine if the information
provided is sufficient to determine if the proposed activity complies with the applicable
standards and criteria and may (1) issue a certificate of permission if the commissioner
finds that the information indicates compliance with all applicable standards and criteria,
or (2) require the submittal of a complete application for a permit pursuant to section
22a-32 or 22a-361, if the commissioner finds that the information is not sufficient to
indicate compliance with the standards and criteria. If the commissioner finds that
changes in conditions or circumstances associated with a permitted structure, fill, obstruction or encroachment are likely to result in significant impacts to the environment
or coastal resources, the commissioner may require an application for a permit pursuant
to section 22a-32 or 22a-361. If the commissioner finds that the structure, fill, obstruction
or encroachment is not in substantial compliance with the permit or authorization under
which a certificate of permission is requested, and is not consistent with applicable
standards and criteria, the commissioner shall not issue a certificate of permission. For
the purposes of this subsection, standards and criteria are those specified in sections 22a-33 and 22a-359 and regulations adopted pursuant to section 22a-30, in any regulations
adopted pursuant to subsection (c) of said section 22a-361, in the water quality standards
of the Department of Environmental Protection, and in sections 22a-92 and 22a-98 for
activities within the coastal boundary, as defined in section 22a-93.
(d) The commissioner shall, within forty-five days of receipt of a request for a
certificate of permission, issue such certificate or notify the person making such request
that (1) additional information or an application for a permit pursuant to section 22a-32 or section 22a-361 is required or (2) the structure, fill, obstruction or encroachment
is not eligible for a certificate of permission. If the commissioner requests additional
information from an applicant, the commissioner shall make a determination on the
application no later than ninety days from the date of receipt of the request for a certificate
of permission. If the commissioner fails to respond within forty-five days of receipt of
a request, the certificate of permission shall be deemed approved, except that no certificate of permission for dredging, activities located within tidal wetlands, as defined in
section 22a-29, or activities conducted without prior authorization shall be deemed approved by virtue of the commissioner's failure to respond.
(e) Notwithstanding the provisions of the general statutes, the commissioner shall
not issue a certificate of permission for a pound net, weir or similar fish harvesting
structure that was not utilized prior to June 6, 2001. The commissioner may issue a
permit for such fish harvesting structure, in accordance with section 22a-361, provided,
if the commissioner receives a petition signed by twenty-five or more persons during
the public comment period provided in subsection (b) of section 22a-361 for the application for any such permit, the commissioner shall hold a public hearing on such permit
application.
(P.A. 90-111, S. 2; P.A. 93-381, S. 9, 39; P.A. 95-37, S. 1, 2; P.A. 96-118, S. 5; P.A. 01-98, S. 1, 4.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-37 amended Subsec. (a) to allow certificate of permission for maintenance of structures,
fill, obstructions or encroachments authorized in tidal wetlands and for placement or reconfiguration of piers, floats, docks
or moorings at marinas and to make technical changes, added a new Subsec. (b) re certificates of permission for activities
completed prior to January 1, 1980, relettered former Subsecs. (b) and (c) as (c) and (d) respectively, and amended those
Subsecs. to add a criterion for not issuing a certificate of permission, effective May 16, 1995; P.A. 96-118 amended Subsec.
(c) to make minor technical revisions for clarity; P.A. 01-98 amended Subsecs. (b) and (c) to make technical changes for
purposes of gender neutrality and added Subsec. (e) prohibiting the issuance of certificates of permission for pound nets,
weirs or similar fish harvesting structures not utilized prior to June 6, 2001, authorizing the issuance of permits for fish
harvesting structures and providing for public hearing on issuance of permit, effective June 6, 2001.