Sec. 25-206. Consistency of state and municipal land use laws and plans with designated river corridor protection plan. Authority of Connecticut Siting Council and Department of Environmental Protecti
Sec. 25-206. Consistency of state and municipal land use laws and plans with
designated river corridor protection plan. Authority of Connecticut Siting Council
and Department of Environmental Protection re activities within designated river
corridors. (a) Within thirty days of designation of a river corridor, the river committee
shall file the approved map and approved river corridor protection plan in the office of
the town clerk of each member municipality.
(b) Within one year of designation of a river corridor, each member municipality
shall amend its zoning, subdivision, site plan and wetlands regulations, its municipal
plan of conservation and development and any other applicable laws or plans in accordance with the recommendations of the approved river corridor protection plan. The river
committee shall assist member municipalities in adopting any such amendments, and
on behalf of a member municipality may petition the commissioner for an extension of
the one-year deadline specified in this subsection for amending applicable laws. Before
adopting any such amendment, a member municipality shall submit the proposed
amendment to the commissioner, and such proposed amendment shall not be adopted
unless the commissioner finds in writing that it is consistent with the approved river
corridor protection plan.
(c) After a member municipality has completed amending applicable laws and plans
pursuant to subsection (b) of this section, no zoning variance or other exception to
any such amended law shall be granted unless the zoning board of appeals for such
municipality, in consultation with the river committee, finds in writing that it is compatible with the approved river corridor protection plan.
(d) (1) Every major state plan other than the state plan for conservation and development, to the extent that it affects a designated river corridor, shall be consistent with
the approved river corridor protection plan for such corridor, and any state plan which
is inconsistent with such approved river corridor protection plan shall be modified accordingly. Such modifications shall be made in consultation with the commissioner at
the next scheduled revision of such plan.
(2) If the commissioner finds that the state plan for conservation and development
is inconsistent with an approved river corridor protection plan for a designated river
corridor, he shall apply to the secretary for a revision pursuant to section 16a-32.
(3) Every regional plan of conservation and development adopted pursuant to section 8-35a, to the extent that it affects a designated river corridor, shall be consistent
with the approved river corridor protection plan for such corridor and any regional plan
of conservation and development which is inconsistent with such approved river corridor
protection plan shall be modified accordingly. Such modifications shall be made in
consultation with the commissioner.
(4) Every municipal plan of conservation and development adopted pursuant to
section 8-23, to the extent that it affects a designated river corridor, shall be consistent
with the approved river corridor protection plan for such corridor and any municipal
plan of conservation and development which is inconsistent with such approved river
corridor protection plan shall be modified accordingly. Such modifications shall be
made in consultation with the commissioner.
(5) The commissioner may notify any applicable federal agency of the designation
of a river corridor and may take any other appropriate action to assure consideration of
such designation in federal programs or activities.
(e) (1) Neither the commissioner nor the Connecticut Siting Council shall issue a
permit or other approval for any activity within a river corridor designated under section
25-205 unless the commissioner or the council, as the case may be, determines that such
activity would not adversely affect any of the resources protected pursuant to the plan
for such corridor.
(2) A member municipality may submit written testimony to the commissioner and
may appear by right as a party to any hearing before the commissioner concerning any
permit or other license to be issued by the commissioner for an activity proposed within
a designated river corridor and may appeal any decision of the commissioner concerning
such permit or other license to the Superior Court in accordance with the provisions of
section 4-183.
(P.A. 94-150, S. 7; P.A. 95-335, S. 25, 26; P.A. 08-182, S. 14.)
History: P.A. 95-335 amended Subsec. (b) and Subsec. (d)(4) to change "plan of development" to "plan of conservation
and development", effective July 1, 1995; P.A. 08-182 amended Subsec. (d)(3) to change "regional plan of development"
to "regional plan of conservation and development".