Sec. 25-236. State plans and municipal land use regulations to be in accordance with recommendations of management plan. Exceptions. Acquisition of property for river corridor. Coordination of state p
Sec. 25-236. State plans and municipal land use regulations to be in accordance with recommendations of management plan. Exceptions. Acquisition of property for river corridor. Coordination of state permits and approvals. (a) Within
thirty days of the commissioner's approval of a map and river corridor management
plan pursuant to section 25-235, the river commission shall file such map and plan in
the office of the town clerk in each member municipality.
(b) Within one year of the commissioner's approval of a map and river corridor
management plan pursuant to section 25-235, each member municipality shall amend
its zoning, subdivision, site plan, floodplain and wetlands regulations, its municipal
plan of development and any other applicable laws or plans in accordance with the
recommendations of the approved river corridor management plan. The river commission 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 or plans. Before
adopting any such amendment, the municipality shall submit the proposed amendment
to the commissioner and such proposed amendment shall not be adopted unless the
commissioner finds in writing, within ninety days, that it is consistent with the approved
river corridor management plan.
(c) (1) 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 or plan shall be granted if such variance or other exception
affects a river corridor with respect to which there exists an approved river corridor
management plan unless the applicant demonstrates that such variance or other exception satisfies any applicable legal requirements and the zoning board of appeals for such
municipality, or the agency with jurisdiction over the application at issue, in consultation
with the river commission, finds in writing that such variance or exception is compatible
with the approved river corridor management plan or the zoning board of appeals or
the agency with jurisdiction over the application has determined that the applicant has
presented sufficient evidence to prove that the property's exceptional difficulty or unusual hardship warrants such variance or exception.
(2) No portion of any applicable municipal law or plan affecting a river corridor
with respect to which a river corridor management plan has been approved shall be
revised unless such municipality has allowed the river commission to comment on such
proposed revision and has considered any such comments.
(d) If the commissioner determines that any member municipality has failed or is
failing to comply with the requirements of subsection (a) or (b) of this section or if he
determines that the plan cannot effectively be implemented as a result of a municipality
withdrawing from the commission, he and the Connecticut Siting Council shall not be
subject to the provisions of subsections (f) and (g) of this section.
(e) (1) Every major state plan, other than the state plan for conservation and development, to the extent that such major state plan affects any river corridor for which the
commissioner has approved a river corridor management plan, shall be consistent with
such management plan. Any major state plan, other than the state plan for conservation
and development, which is inconsistent with a river corridor management 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 all the member municipalities of a river commission have amended their applicable laws and plans pursuant to subsection (b) of this section and if the commissioner
finds that the state plan for conservation and development is inconsistent with the subject
river corridor management plan, 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 any river corridor for which the commissioner
has approved a river corridor management plan, shall be consistent with such management plan. Any regional plan of conservation and development which is inconsistent
with a river corridor management plan shall be modified accordingly. Such modifications shall be made in consultation with the commissioner.
(4) Every municipal plan of development adopted pursuant to section 8-23, to the
extent that it affects any river corridor for which the commissioner has approved a
river corridor management plan, shall be consistent with such management plan. Any
municipal plan of development which is inconsistent with a river corridor management
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 his approval of
a river corridor management plan and may take any other appropriate action to assure
consideration of such plan in federal programs or activities.
(f) (1) For the purpose of protecting or preserving river corridor resources, the
commissioner may acquire real property or any interest therein within a river corridor
for which he has approved a river corridor management plan. Such acquisition may be
by purchase at fair market value, gift or devise. The commissioner may accept any gift
or bequest of money or other personal property to be used to acquire such real property
or interest therein, or to meet expenses involved in maintaining such real property. Such
funds shall be held by the State Treasurer to be used and expended under the direction
of the commissioner.
(2) For the purpose of protecting or preserving river corridor resources, and subject
to any lawful restrictions on acquisition of lands acquired with state funds, a municipality
may acquire real property or any interest therein within a river corridor for which such
commission has adopted a river corridor management plan. Such acquisition may be
by purchase at fair market value, gift or devise. Such municipality may accept any gift
or bequest of money or other personal property to be used to acquire such real property
or interest therein, or to meet expenses involved in maintaining such real property.
(g) (1) The commissioner shall coordinate the activities, including the granting of
permits and other approvals, of all regulatory programs under his jurisdiction to assure
that the administration of such programs is consistent with every approved river corridor
management plan. Neither the commissioner nor the Connecticut Siting Council shall
issue a permit or other approval for any activity which may affect a river corridor for
which the commissioner has approved a river corridor management plan under section
25-235 unless the commissioner determines that such activity would not adversely affect
any of the resources protected under such plan.
(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 approval to be issued by the commissioner for an activity proposed
within an approved river corridor, and may appeal any decision of the commissioner
concerning such permit or other approval to the Superior Court in accordance with the
provisions of section 4-183.
(P.A. 95-333, S. 7; P.A. 08-182, S. 15.)
History: P.A. 08-182 amended Subsec. (e)(3) to change "regional plan of development" to "regional plan of conservation
and development".