The Commissioner of Energy and Environmental Protection shall
have exclusive jurisdiction over regulated activities in or affecting
wetlands or watercourses undertaken by any Department, Agency or instrumentality
of the State of Connecticut, except any local or regional Board of
Education, pursuant to §§ 22a-39 or 22a-45a of the
Connecticut General Statutes.
The Commissioner of Energy and Environmental Protection shall
have exclusive jurisdiction over activities authorized under a dam
repair or removal order issued by the Commissioner of Energy and Environmental
Protection under § 22a-402 of the Connecticut General Statutes
or a permit issued by the Commissioner of Energy and Environmental
Protection under § 22a-403 of the Connecticut General Statutes.
Any person receiving such dam repair or removal order or permit shall
not be required to obtain a permit from the Agency for any action
necessary to comply with said dam order or to carry out the activities
authorized by said permit.
The Commissioner of Energy and Environmental Protection shall
have exclusive jurisdiction over the discharge of fill or dredged
materials into the wetlands and watercourses 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. In addition to any permit or approval
required by the Agency, the Commissioner of Energy and Environmental
Protection shall regulate activities in or affecting wetlands or watercourses
subject to the following jurisdiction.
A. Construction or modification of any dam pursuant to
§§ 22a-401 through 22a-411 of the Connecticut General
Statutes, as amended.
B. Construction, encroachment or placement of any obstruction
within stream channel encroachment lines pursuant to §§ 22a-342
through 22a-349a of the Connecticut General Statutes, as amended.
C. Diversion of water, including withdrawals of surface
or groundwater in excess of 50,000 gallons per day or any piping,
culverting, channelization, relocation, damming or other alteration
of the location of flow of any surface waters of the state where the
tributary watershed area above the point of such alteration is 100
acres or larger, pursuant to §§ 22a-365 through 22a-378a
of the Connecticut General Statutes, as amended.
D. Discharges into the waters of the state pursuant to
§ 22a-430 of the Connecticut General Statutes, as amended.
E. Discharge of fill or dredged materials into the wetlands
and watercourses of the state pursuant to Section 401 of the Federal
Clean Water Act, as amended, for activities regulated by the US Army
Corps of Engineers under Section 404 of the Federal Clean Water Act.
F. Any dredging or any erection, placement, retention
or maintenance of any structure, fill, obstruction or encroachment,
state agency, which activity is regulated under §§ 22a-28
to 22a-35, inclusive, as amended, or §§ 22a-359b to
22a 363f, inclusive, as amended shall not require any permit or approval
under §§ 22a-36 to 22a-45, inclusive, as amended of
the Connecticut General Statutes.
The Commissioner of Environmental Protection shall have exclusive
jurisdiction over activities authorized under a dam repair or removal
order issued by the Commissioner of Energy and Environmental Protection
under § 22a-402 of the Connecticut General Statutes or a
permit issued by the Commissioner of Energy and Environmental Protection
under § 22a-403 of the Connecticut General Statutes. Any
person receiving such dam repair or removal order or dam permit shall
not be required to obtain a permit from the Agency for any action
necessary to comply with said dam order or to carry out the activities
authorized by said permit.