Conn. Agencies Regs. § 22a-30-10 - Criteria for review
(a) In accordance
with section
22a-30
of the General Statutes, as amended by Public Act 79-170 and Public Act 80-356,
the commissioner establishes the criteria of this section for granting, denying
or limiting permits giving due regard to the impact of regulated activities on
the wetlands of the state, adjoining coastal and tidal resources, navigation,
recreation, erosion, sedimentation, water quality and circulation, fisheries,
shellfisheries, wildlife, flooding and other natural disasters and
water-dependent use opportunities as defined in chapter 444. These criteria are
consistent with and implement the statutory policies and standards contained in
sections
22a-28
and
22a-33
of the General Statutes and section
22a-92
of the General Statutes, as amended by Public Act 79-535. The commissioner
shall grant, or grant with limitations or conditions a permit to conduct a
proposed activity on any wetland only if it is determined that the application
is consistent with all applicable criteria set forth herein.
(b)
Criteria for preservation of
wetlands and prevention of their despoliation and destruction. In order
to make a determination that a proposed activity will preserve the wetlands of
the state and not lead to their despoliation and destruction the commissioner
shall, as applicable, find that:
(1) There is
no alternative for accomplishing the applicant's objectives which is
technically feasible and would further minimize adverse impacts;
(2) Any structure or fill will be no greater
in length, width and height than necessary to accomplish its intended
function;
(3) Pile supported
construction will be used to the fullest extent practicable;
(4) All reasonable measures which would
minimize the adverse impacts of the proposed activity on the wetlands of the
state and adjoining coastal and tidal resources are incorporated as limitations
on or conditions to the permit.
(c)
Recreational and navigational
uses. In order to make a determination that a proposed activity will not
destroy existing or potential recreational or navigational uses, the
commissioner shall, as applicable, find that:
(1) The proposed activity will not
unreasonably interfere with established public rights of access to and use of
wetlands, or with access to the portion of the shoreline below the mean high
tide elevation that is held in public trust by the state, or with access to and
use of public recreational facilities, both in operation and planned;
(2) The proposed activity will not be located
in a way which unreasonably interferes with a navigable channel or small craft
navigation;
(3) The proposed
activity will not cause or contribute to sedimentation problems in adjacent or
nearby navigable waters, navigation channels, anchorages or turning
basins.
(d)
Erosion and sedimentation. In order to make a determination that a
proposed activity will not cause or produce unreasonable erosion or
sedimentation the commissioner shall, as applicable, find that:
(1) The proposed activity will not cause
significant changes in current patterns, water velocity or exposure to storm or
wave conditions which result in adverse effects on erosion or sedimentation
patterns;
(2) Temporary erosion
control measures will be utilized on the project site both during and after
construction;
(3) When permanent
erosion control measures are proposed, non-structural alternatives are utilized
unless structural alternatives are demonstrated to be unavoidable and necessary
to protect infrastructural facilities, water-dependent uses and existing
inhabited structures;
(4) Any
structure or fill shall:
(A) Not cause a
significant adverse impact on the movement of sediments on or along the
shoreline;
(B) Not cause erosion of
adjacent or downdrift areas;
(C) If
necessary, include provision for the transfer of sediment to downdrift areas to
prevent those areas from being deprived of sediments;
(5) The perimeter of all areas proposed to be
filled, dredged or excavated are suitably stabilized to prevent spillover or
erosion of material into adjoining wetland or watercourse areas;
(6) When areas are proposed to be dredged:
(A) They are laid out so as to make the best
practical use of existing water depths;
(B) They are designed to avoid siltation of
any existing natural or established navigation channel;
(C) The best available methods are used to
reduce sedimentation.
(e)
Marine fisheries, shellfisheries,
and wildlife. In order to make a determination that a proposed activity
will not result in significant adverse impacts on marine fisheries,
shellfisheries or wildlife the commissioner shall, as applicable, find that:
(1) The existing biological productivity of
any wetland will not be unreasonably affected;
(2) Habitat areas, such as habitat of rare
and endangered wildlife and fish species, will not be destroyed, filled, or
otherwise unreasonably affected;
(3) Wildlife and their nesting, breeding or
feeding habitats will not be unreasonably reduced or altered;
(4) Erosion from the proposed activity will
not result in the formation of deposits harmful to any fish, shellfish or
wildlife habitat;
(5) Shellfish
beds will not be adversely affected by changes in:
(A) Water circulation and depth patterns
around and over the shellfish beds;
(B) Natural relief of shellfish
beds;
(C) Grain size and
distribution of sediment in shellfish beds;
(6) The timing of construction activities
takes into consideration the movements and lifestages of fish, shellfish, and
wildlife;
(7) The proposed activity
will not unreasonably interfere with the harvesting or maintenance of leased,
franchised or natural shellfish beds.
(f)
Circulation and quality of coastal
or tidal waters. In order to make a determination that a proposed
activity will not result in a significant adverse impact on the circulation and
quality of coastal or tidal waters the commissioner shall, as applicable, find
that:
(1) The proposed activity will not cause
the significant adverse alteration of patterns of tidal exchange or flushing
rates, freshwater input or existing basin characteristics and channel
contours;
(2) Water stagnation will
be neither caused nor contributed to, and the ability of wetlands and adjacent
water bodies to flush themselves will not be adversely affected;
(3) Pile-supported construction will be
utilized to the fullest extent practical;
(4) The proposed activity will not result in
water pollution which unduly affects:
(A) The
bottom fauna;
(B) The physical or
chemical nature of the bottom;
(C)
The propagation and habitats of shellfish, finfish and wildlife.
(g)
Protection of
life and property from hurricanes or natural disaster. In order to make
a determination that a proposed activity is consistent with the need to protect
life and property from hurricanes or other natural disasters, including
flooding, the commissioner shall, as applicable, find that:
(1) The proposed activity will not increase
the potential for flood or hurricane damage on adjacent or adjoining
properties;
(2) The proposed
activity will not increase the exposure of any property, land or structures to
damage from storm waves and erosion produced thereby;
(3) The proposed activity will not result in
significant increase in the velocity or volume of flood water flow both in
streams and estuaries;
(4) The
proposed activity will not significantly reduce the capacity of any stream,
river, creek or other water course to transmit flood waters generated by
hurricanes or other storm events and will not result in significantly increased
flooding either up or downstream of its location.
(h)
Criteria for water dependent use of
tidal wetlands. In order to make a determination that a proposed
activity within the coastal boundary, as defined and mapped in accordance with
section
22a-94
of the General Statutes as amended by section 4 of Public Act 79-535, is
consistent with the state policy that water-dependent uses of the shorefront be
given highest priority and preference, the commissioner shall, as applicable,
find that:
(1) When the proposed activity is
not a water-dependent use:
(A) The wetland is
unsuitable for or incapable of supporting a water-dependent use;
(B) There is little or no demonstrable demand
for water-dependent uses suitable for or capable of being supported by the
wetland;
(C) A non-water-dependent
use has substantially fewer adverse impacts than all water-dependent uses
suitable for or capable of being supported by the wetland;
(2) All reasonable measures which would
minimize adverse impacts on future water-dependent uses are incorporated as
limitations on or conditions to the permit;
(3) The proposed activity will not
unreasonably interfere with the riparian rights of adjacent landowners or
claimants of water or shellfish rights in or adjacent to the wetland.
(i)
Special standards for
the placement of sewer or water services. The commissioner shall
disapprove extension of sewer and water services into tidal wetlands located
within the coastal boundary, defined in section
22a-94
of the General Statutes as amended by section 4 of Public Act 79-535, except
that, when necessary to abate existing sources of pollution, sewers that will
accommodate existing uses with limited excess capacity may be used.
(j)
Special standards for the siting or
expansion of airports. The commissioner shall disallow the construction
of major new airports and shall discourage the substantial expansion of
existing airports on any wetland located within the coastal boundary defined by
section
22a-94
of the General Statutes as amended by section 4 of Public Act 79-535. Further,
he shall require that any expansion or improvement of airports involving
regulated activities within any wetland located within said coastal boundary
shall minimize adverse impacts on the wetland or other coastal resources,
recreation or access.
Notes
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