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.
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.
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.