Appendix
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Excerpts from the Connecticut Tidal Wetlands Act, Connecticut General Statutes
Sec. 22a-28
Preservation of tidal wetlands. Declaration of policy. It is
declared that much of the wetlands of this state has been lost or
despoiled by unregulated dredging, dumping, filling and like
activities and the remaining wetlands of this state are all in
jeopardy of being lost or despoiled by these and other
activities, that such loss of despoliation will adversely affect,
if not entirely eliminate, the value of such wetlands as sources
of nutrients to finfish, crustacea and shellfish of significant
economic value; that such loss or despoliation will destroy such
wetlands as habitats for plants and animals of significant
economic value and will eliminate or substantially reduce marine
commerce, recreation and aesthetic enjoyment; and that such loss
or despoliation will, in most cases, disturb the natural ability
of tidal wetlands to reduce flood damage and adversely affect the
public health and welfare; that such loss or despoliation will
substantially reduce the capacity of such wetlands to absorb silt
and will thus result in the increased silting of channels and
harbor areas to the detriment of free navigation. Therefore, it
is declared to be the public policy of this state to preserve the
wetlands and to prevent the despoliation and destruction thereof.
Sec. 22a-29
(2) "Wetland" means those areas which border on or lie
beneath tidal waters, such as, but not limited to banks, bogs,
salt marsh, swamps, meadows, flats, or other low lands subject to
tidal action, including those areas now or formerly connected to
tidal waters, and whose surface is at or below an elevation of
one foot above local extreme high waters; and upon which may grow
or be capable of growing some, but not necessarily all, of the
following: (list of plants that occur in tidal salt, brackish and
freshwater marshes).
(3) "Regulated activity" means any of the following: Draining, dredging, excavation or removal of soil, mud, sand, gravel, aggregate of any kind or rubbish from any wetland or the dumping, filling or depositing thereon of any soil, stones, sand, gravel, mud, aggregate of any kind, rubbish or similar material, either directly or otherwise, and the erection of structures, driving of pilings, or placing of obstructions, whether or not changing the tidal ebb and flow. Notwithstanding the foregoing, "regulated activity" shall not include activities conducted by the mosquito control division of the department of health services, conservation activities of the state department of environmental protection, the construction or maintenance of aids to navigation which are authorized by governmental authority and the emergency decrees of any duly appointed health officer of a municipality acting to protect the public health;
Sec. 22a-32
Regulated activity permit. Application. Hearing. Waiver of
hearing. No regulated activity shall be conducted upon any
wetland without a permit. Any person proposing to conduct or
cause to be conducted a regulated activity upon any wetland shall
file an application for a permit with the commissioner (of DEP),
in such form and with such information as the commissioner may
prescribe. Such application shall include a detailed description
of the proposed work and a map showing the area of wetland
directly affected, with the location of the proposed work
thereon, together with the names of the owners of record of
adjacent land and known claimants of water rights in or adjacent
to the wetland of whom the applicant has notice.
Sec. 22a-33
Issuance or denial of permit. In granting, denying or limiting
any permit the commissioner or his duly designated hearing
officer shall consider the effect of the proposed work with
reference to the public health and welfare, marine fisheries,
shellfisheries, wildlife, the protection of life and property
from flood, hurricane and other natural disasters.
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June 21, 1997 / DEP's Tidal Wetland Restoration Program / webmaster@po.state.ct.us