Sec. 22a-409. (Formerly Sec. 25-118). Survey and maps. Owners recording on land records. Standardized form. Registration of dams and similar structures. Inspection of dams by commissioner.
Sec. 22a-409. (Formerly Sec. 25-118). Survey and maps. Owners recording on
land records. Standardized form. Registration of dams and similar structures.
Inspection of dams by commissioner. (a) The commissioner shall cause a survey and
maps to be made of each town showing the location of any dams or similar structures
within such town, and shall file a copy of such map with the town clerk. On and after
October 1, 2007, the owner of real property where a high hazard or significant hazard
dam is located shall cause to be recorded on the land records in the municipality where
the property is located a document that identifies the existence of the dam and whether
the dam is categorized as a high hazard dam or a significant hazard dam. The commissioner shall publish a standardized form to be used for such purposes.
(b) The owner of any dam or similar structure shall register on or before July 1,
1984, with the Commissioner of Environmental Protection on a form prescribed by him,
the location and dimensions of such dam or structure and such other information as the
commissioner may require. The fee for registration shall be as follows: (1) Dams or
similar structures five feet or more in height but less than fifteen feet, fifty dollars; (2)
dams or similar structures fifteen feet or more in height but less than twenty-five feet,
one hundred dollars, and (3) dams or similar structures twenty-five feet or more in
height, two hundred dollars. Dams or similar structures less than five feet in height shall
be registered without fee. As used in this subsection, "height" means the vertical distance
from the crest of a dam or similar structure to the downstream toe of such dam or similar
structure.
(c) The commissioner shall periodically inspect dams registered pursuant to subsection (b) of this section. The fee for such inspection shall be five hundred twenty-five
dollars. Any dam which impounds less than three acre-feet of water or any dam which
the commissioner finds has a potential for negligible damage in the event of a failure,
after an initial inspection, shall be exempt from the provisions of this subsection except
upon determination by the commissioner that such dam poses a unique hazard. The
commissioner shall adopt regulations in accordance with the provisions of chapter 54
establishing (1) a schedule for the frequency of inspection of dams, (2) the inspection
fees for regularly scheduled inspections, sufficient to cover the reasonable cost of such
inspections, (3) procedures for registration and criteria for waiver of registration and
inspection fees, and (4) criteria for determining whether a dam has a potential for negligible damage in the event of a failure.
(November, 1955, S. N205; 1957, P.A. 364, S. 20; 1971, P.A. 872, S. 138; June Sp. Sess. P.A. 83-38, S. 1; P.A. 86-30, S. 1, 2; P.A. 90-231, S. 10, 28; P.A. 91-369, S. 16, 36; June 30 Sp. Sess. P.A. 03-6, S. 133; P.A. 07-61, S. 2.)
History: 1971 act replaced water resources commission with commissioner of environmental protection; Sec. 25-118
transferred to Sec. 22a-409 in 1983; June Sp. Sess. P.A. 83-38 clarified that the provisions of the new Subsec. (a) applied
to dams and similar structures within a town, added Subsec. (b) requiring the owner of a dam or similar structure to provide
certain information concerning such structures to the commissioner of environmental protection by registering with the
commissioner by July 1, 1984, and added Subsec. (c) requiring the commissioner of environmental protection to adopt
regulations governing the periodic inspection of those dams registered pursuant to Subsec. (b); P.A. 86-30 amended Subsec.
(c) by adding exemption for dams with a potential for negligible damage in the case of a failure and requiring the commissioner to adopt regulations re criteria for negligible damage; P.A. 90-231 amended Subsec. (c) to require an inspection fee
and provided that on and after July 1, 1992, the fee shall be prescribed by regulations; P.A. 91-369 amended Subsec. (c)
to restate commissioner's authority to adopt regulations setting the fees required by this section and to increase inspection
fee from $250 to $350; June 30 Sp. Sess. P.A. 03-6 increased registration and inspection fees by 50% in Susecs. (b) and
(c), made a technical change in Subsec. (c), and deleted provisions in Subsec. (c) re amount of fees prescribed by regulation,
effective August 20, 2003; P.A. 07-61 added provision in Subsec. (a) requiring owner of property where high hazard or
significant hazard dam is located to record document identifying its existence on land records and requiring commissioner
to publish standardized form.
See Sec. 22a-27i re exemption of municipality for one year.