Town of Orange, CT Article V Activities Regulated by the State

§ 381-14 Activities under state jurisdiction.

In addition to any permit or approval required by the Commission, the Department of Environmental Protection shall regulate activities in or affecting wetlands or water courses subject to the following jurisdiction:

A. Construction or modification of any dam pursuant to Section 22a-401 through 22a-410 of the Connecticut General Statutes, as amended;

B. Construction, encroachment or placement of any obstruction within stream channel encroachment lines pursuant to Sections 22a-342 through 22a-349 of the Connecticut General Statutes, as amended;

C. Construction or placement of any structure or obstruction within the tidal, coastal, or navigable waters of the state pursuant to Sections 22a-359 through 22a-363 or in designated tidal wetlands pursuant to Sections 22a-28 through 22a-35 of the General Statutes, as amended;

D. Diversion of water including withdrawals of surface or ground water in excess of 50,000 gallons per day, or any change in the instantaneous flow of any surface water of the state where the tributary watershed area above the point of diversion is 100 acres or larger pursuant to Sections 22a-365 through 22a-378 of the Connecticut General Statutes, as amended;

E. Discharges into the waters of the state pursuant to Section 22a-430 of the Connecticut General Statutes, as amended.

F. Discharge of fill or dredged materials into the wetlands and water courses of the state pursuant to Section 401 of the Federal Clean Water Act, as amended, for activities regulated by the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act.

§ 381-15 State agencies under state jurisdiction.

The Commissioner of Environmental Protection shall have exclusive jurisdiction over regulated activities and other activities, in or affecting wetlands or water courses, undertaken by any department, agency or instrumentality of the State of Connecticut, except any local or regional board of education:

A. After an advisory decision on such license or permit has been rendered to the Commissioner by the Commission within such wetland is located; or

B. Thirty-five days after receipt by the Commissioner of such application, whichever occurs first.

§ 381-16 Tidal wetlands under state jurisdiction.

The Commissioner of Environmental Protection shall have exclusive jurisdiction over tidal wetlands designated and regulated pursuant to Sections 22a-28 through 22a-35 of the Connecticut Statutes.