Sec. 8-3i. Notice to water company re projects within aquifer protection area or watershed of water company.
Sec. 8-3i. Notice to water company re projects within aquifer protection area
or watershed of water company. (a) As used in this section "water company" means
a water company, as defined in section 25-32a, and "petition" includes a petition or
proposal to change the regulations, boundaries or classifications of zoning districts.
(b) When an application, petition, request or plan is filed with the zoning commission, planning and zoning commission or zoning board of appeals of any municipality
concerning any project on any site that is within the aquifer protection area delineated
pursuant to section 22a-354c or the watershed of a water company, the applicant or the
person making the filing shall provide written notice of the application, petition, request
or plan to the water company and the Commissioner of Public Health in a format prescribed by said commissioner, provided such water company or said commissioner
has filed a map showing the boundaries of the watershed on the land records of the
municipality in which the application, petition, request or plan is made and with the
planning commission, zoning commission, planning and zoning commission or zoning
board of appeals of such municipality or the aquifer protection area has been delineated
in accordance with section 22a-354c, as the case may be. Such notice shall be made by
certified mail, return receipt requested, and shall be mailed not later than seven days
after the date of the application. Such water company and the Commissioner of Public
Health may, through a representative, appear and be heard at any hearing on any such
application, petition, request or plan.
(c) Notwithstanding the provisions of subsection (b) of this section, when an agent
of the zoning commission, planning and zoning commission or zoning board of appeals
is authorized to approve an application, petition, request or plan concerning any site
that is within the aquifer protection area delineated pursuant to section 22a-354c or the
watershed of a water company without the approval of the zoning commission, planning
and zoning commission or zoning board of appeals, and such agent determines that the
proposed activity will not adversely affect the public water supply, the applicant or
person making the filing shall not be required to notify the water company or the Commissioner of Public Health.
(P.A. 89-301, S. 2; P.A. 91-300, S. 3; P.A. 98-115; P.A. 06-53, S. 1.)
History: P.A. 91-300 revised the statutory definition of water company by changing the statutory definition reference
from Sec. 16-1 to Sec. 25-32a; P.A. 98-115 added Subsec. (a) defining "water company" and "petition", designated existing
provisions Subsec. (b) and amended Subsec. (b) to require notice of projects in aquifer protection areas and added Subsec.
(c) re approvals by agents of land use agencies without notice under this section; P.A. 06-53 amended Subsec. (b) to require
the Commissioner of Public Health to receive notice of proposed activity on sites within acquifer protection areas or water
company watersheds, to give said commissioner the right to appear and be heard at any hearing on any such proposed
activity and to provide for the filing of maps showing the boundaries of the watershed with the local planning commission,
amended Subsec. (c) to add the Commissioner of Public Health to the notification exemption and made technical changes
throughout.