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General Assembly Raised Bill No. 7174
January Session, 2025
LCO No. 5667
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING RIPARIAN BUFFERS AND ASSOCIATED
ENVIRONMENTAL PROVISIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-38 of the general statutes is amended by adding 1
subdivision (19) as follows (Effective July 1, 2025): 2
(NEW) (19) "Riparian buffer" means the area immediately adjacent to 3
and extending outward from a wetlands or watercourse boundary for a 4
distance of not less than one hundred feet. 5
Sec. 2. Subdivision (13) of section 22a-38 of the general statutes is 6
repealed and the following is substituted in lieu thereof (Effective October 7
1, 2025): 8
(13) "Regulated activity" means any operation within or use of a 9
wetland, [or] watercourse, or riparian buffer involving removal or 10
deposition of material, including, but not limited to, removal of native 11
vegetation, or any obstruction, construction, alteration or pollution, of 12
such wetlands, [or] watercourses or riparian buffers, but shall not 13
include the specified activities in section 22a-40, as amended by this act; 14
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Sec. 3. (NEW) (Effective July 1, 2025) (a) There are established in the 15
state riparian buffers, as defined in section 22a-38 of the general statutes, 16
as amended by this act. 17
(b) Notwithstanding any provision of the general statutes within any 18
such riparian buffer, for any area that is within: (1) Fifty feet of a 19
watercourse that is within a public drinking water supply area, (2) 20
twenty-five feet of a cold water habitat stream, or (3) ten feet of any other 21
wetland, watercourse or riparian area, the following activities shall be 22
prohibited: (A) The spraying of pesticides, except by permit issued by 23
the Department of Energy and Environmental Protection for invasive 24
species control, (B) the storage of chemicals including fossil fuels, 25
pesticides and fertilizers, and (C) the clear cutting of native vegetation 26
for the establishment of new lawn areas. 27
(c) The Commissioner of Energy and Environmental Protection may 28
enforce the provisions of this section within available resources. 29
Sec. 4. Subsections (f) to (i), inclusive, of section 22a-39 of the general 30
statutes are repealed and the following is substituted in lieu thereof 31
(Effective October 1, 2025): 32
(f) Adopt such regulations, in accordance with the provisions of 33
chapter 54, as are necessary to protect the wetlands, [or] watercourses 34
and riparian buffers or any of them individually or collectively; 35
(g) Inventory or index the wetlands, [and] watercourses and riparian 36
buffers in such form, including pictorial representations, as the 37
commissioner deems best suited to effectuate the purposes of sections 38
22a-36 to 22a-45, inclusive, as amended by this act; 39
(h) Grant, deny, limit or modify in accordance with the provisions of 40
section 22a-42a, as amended by this act, an application for a license or 41
permit for any proposed regulated activity conducted by any 42
department, agency or instrumentality of the state, except any local or 43
regional board of education, (1) after an advisory decision on such 44
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license or permit has been rendered to the commissioner by the wetland 45
agency of the municipality within which such wetland is located or (2) 46
thirty-five days after receipt by the commissioner of such application, 47
whichever occurs first; 48
(i) Grant, deny, limit or modify in accordance with the provisions of 49
section 22a-42, as amended by this act, and section 22a-42a, as amended 50
by this act, an application for a license or permit for any proposed 51
regulated activity within a municipality which does not regulate its 52
wetlands, [and] watercourses and riparian buffers; 53
Sec. 5. Subdivisions (1) to (4), inclusive, of subsection (a) of section 54
22a-40 of the general statutes are repealed and the following is 55
substituted in lieu thereof (Effective October 1, 2025): 56
(1) Grazing, farming, nurseries, gardening and harvesting of crops 57
and farm ponds of three acres or less essential to the farming operation, 58
and activities conducted by, or under the authority of, the Department 59
of Energy and Environmental Protection for the purposes of wetland or 60
watercourse restoration or enhancement or mosquito control. The 61
provisions of this subdivision shall not be construed to include road 62
construction or the erection of buildings not directly related to the 63
farming operation, relocation of watercourses with continual flow, 64
filling or reclamation of wetlands or watercourses with continual flow, 65
clear cutting of timber or native vegetation except for the expansion of 66
agricultural crop land, the mining of top soil, peat, sand, gravel or 67
similar material from wetlands or watercourses for the purposes of sale; 68
(2) A residential home (A) for which a building permit has been 69
issued, or (B) on a subdivision lot, provided the permit has been issued 70
or the subdivision has been approved by a municipal planning, zoning 71
or planning and zoning commission as of the effective date of 72
promulgation of the municipal regulations pursuant to subsection (b) of 73
section 22a-42a, as amended by this act, or as of July 1, 1974, whichever 74
is earlier, and further provided no residential home shall be permitted 75
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as of right pursuant to this subdivision unless the permit was obtained 76
on or before July 1, 1987; 77
(3) Boat anchorage or mooring; 78
(4) Uses incidental to the enjoyment and maintenance of residential 79
property, such property defined as equal to or smaller than the largest 80
minimum residential lot site permitted anywhere in the municipality, 81
provided in any town, where there are no zoning regulations 82
establishing minimum residential lot sites, the largest minimum lot site 83
shall be two acres. Such incidental uses shall include maintenance of 84
existing structures and landscaping but shall not include removal or 85
deposition of significant amounts of material from or onto a wetland or 86
watercourse or diversion or alteration of a watercourse or clear cutting 87
of native vegetation within ten feet of any wetlands or watercourse; 88
Sec. 6. Subsection (b) of section 22a-40 of the general statutes is 89
repealed and the following is substituted in lieu thereof (Effective October 90
1, 2025): 91
(b) The following operations and uses shall be permitted, as 92
nonregulated uses in wetlands, [and] watercourses and riparian buffers, 93
provided they do not disturb the natural and indigenous character of 94
the wetland, [or] watercourse or riparian buffer by removal or 95
deposition of material, removal of native vegetation, alteration or 96
obstruction of water flow or pollution of the wetland, [or] watercourse 97
or riparian buffer: 98
(1) Conservation of soil, vegetation, water, fish, shellfish and wildlife, 99
including the revegetation of riparian buffers with native vegetation 100
and removal of invasive species; 101
(2) Outdoor recreation including play and sporting areas, golf 102
courses, field trials, nature study, hiking, horseback riding, swimming, 103
skin diving, camping, boating, water skiing, trapping, hunting, fishing 104
and shellfishing where otherwise legally permitted and regulated; and 105
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(3) The installation of a dry hydrant by or under the authority of a 106
municipal fire department, provided such dry hydrant is only used for 107
firefighting purposes and there is no alternative access to a public water 108
supply. For purposes of this section, "dry hydrant" means a non-109
pressurized pipe system that: (A) Is readily accessible to fire department 110
apparatus from a proximate public road, (B) provides for the 111
withdrawal of water by suction to such fire department apparatus, and 112
(C) is permanently installed into an existing lake, pond or stream that is 113
a dependable source of water. 114
Sec. 7. Section 22a-41 of the general statutes is repealed and the 115
following is substituted in lieu thereof (Effective October 1, 2025): 116
(a) In carrying out the purposes and policies of sections 22a-36 to 22a-117
45a, inclusive, including matters relating to regulating, licensing and 118
enforcing of the provisions thereof, the commissioner shall take into 119
consideration all relevant facts and circumstances, including but not 120
limited to: 121
(1) The environmental impact of the proposed regulated activity on 122
wetlands, [or] watercourses or riparian buffers; 123
(2) The applicant's purpose for, and any feasible and prudent 124
alternatives to, the proposed regulated activity which alternatives 125
would cause less or no environmental impact to wetlands, [or] 126
watercourses or riparian buffers; 127
(3) The relationship between the short-term and long-term impacts of 128
the proposed regulated activity on wetlands, [or] watercourses or 129
riparian buffers and the maintenance and enhancement of long-term 130
productivity of such wetlands, [or] watercourses or riparian buffers; 131
(4) Irreversible and irretrievable loss of wetland, [or] watercourse or 132
riparian buffer resources which would be caused by the proposed 133
regulated activity, including the extent to which such activity would 134
foreclose a future ability to protect, enhance or restore such resources, 135
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and any mitigation measures which may be considered as a condition 136
of issuing a permit for such activity including, but not limited to, 137
measures to (A) prevent or minimize pollution or other environmental 138
damage, (B) maintain or enhance existing environmental quality, or (C) 139
in the following order of priority: Restore, enhance and create 140
productive wetland, [or watercourse resources] watercourses or 141
riparian buffers; 142
(5) The character and degree of injury to, or interference with, safety, 143
health or the reasonable use of property which is caused or threatened 144
by the proposed regulated activity; and 145
(6) Impacts of the proposed regulated activity on wetlands, [or] 146
watercourses or riparian buffers outside the area for which the activity 147
is proposed and future activities associated with, or reasonably related 148
to, the proposed regulated activity which are made inevitable by the 149
proposed regulated activity and which may have an impact on 150
wetlands, [or] watercourses or riparian buffers. 151
(b) (1) In the case of an application which received a public hearing 152
pursuant to (A) subsection (k) of section 22a-39, or (B) a finding by the 153
inland wetlands agency that the proposed activity may have a 154
significant impact on wetlands, [or] watercourses or riparian buffers, a 155
permit shall not be issued unless the commissioner finds on the basis of 156
the record that a feasible and prudent alternative does not exist. In 157
making [his] a finding, the commissioner shall consider the facts and 158
circumstances set forth in subsection (a) of this section. The finding and 159
the reasons therefor shall be stated on the record in writing. 160
(2) In the case of an application which is denied on the basis of a 161
finding that there may be feasible and prudent alternatives to the 162
proposed regulated activity which have less adverse impact on 163
wetlands, [or] watercourses or riparian buffers, the commissioner or the 164
inland wetlands agency, as the case may be, shall propose on the record 165
in writing the types of alternatives which the applicant may investigate 166
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provided this subdivision shall not be construed to shift the burden 167
from the applicant to prove that [he] the applicant is entitled to the 168
permit or to present alternatives to the proposed regulated activity. 169
(c) For purposes of this section, (1) ["wetlands or watercourses] 170
"wetlands, watercourses or riparian buffers" includes aquatic, plant or 171
animal life and habitats in wetlands, [or] watercourses or riparian 172
buffers, and (2) "habitats" means areas or environments in which an 173
organism or biological population normally lives or occurs. 174
(d) A municipal inland wetlands agency shall not deny or condition 175
an application for a regulated activity in an area outside wetlands, [or] 176
watercourses or riparian buffers on the basis of an impact or effect on 177
aquatic, plant, or animal life unless such activity will likely impact or 178
affect the physical, chemical or thermal characteristics of such wetlands, 179
[or] watercourses or riparian buffers. 180
Sec. 8. Section 22a-42 of the general statutes is repealed and the 181
following is substituted in lieu thereof (Effective October 1, 2025): 182
(a) To carry out and effectuate the purposes and policies of sections 183
22a-36 to 22a-45a, inclusive, it is hereby declared to be the public policy 184
of the state to require municipal regulation of activities affecting the 185
wetlands, [and] watercourses and riparian buffers within the territorial 186
limits of the various municipalities or districts. 187
(b) Any municipality may acquire wetlands and watercourses within 188
its territorial limits by gift or purchase, in fee or lesser interest including, 189
but not limited to, lease, easement or covenant, subject to such 190
reservations and exceptions as it deems advisable. The Commissioner 191
of Energy and Environmental Protection shall designate not less than 192
five per cent of funds provided by the Clean Water Act State Revolving 193
Fund to establish a nature-based solutions account to be used to protect, 194
restore and steward wetlands, watercourses and riparian buffers. 195
(c) On or before July 1, 1988, each municipality shall establish an 196
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inland wetlands agency or authorize an existing board or commission 197
to carry out the provisions of sections 22a-36 to 22a-45, inclusive, as 198
amended by this act. Each municipality, acting through its legislative 199
body, may authorize any board or commission, as may be by law 200
authorized to act, or may establish a new board or commission to 201
promulgate such regulations, in conformity with the regulations 202
adopted by the commissioner pursuant to section 22a-39, as amended 203
by this act, as are necessary to protect the wetlands, [and] watercourses 204
and riparian buffers within its territorial limits. The ordinance 205
establishing the new board or commission shall determine the number 206
of members and alternate members, the length of their terms, the 207
method of selection and removal and the manner for filling vacancies in 208
the new board or commission. No member or alternate member of such 209
board or commission shall participate in the hearing or decision of such 210
board or commission of which he is a member upon any matter in which 211
he is directly or indirectly interested in a personal or financial sense. In 212
the event of such disqualification, such fact shall be entered on the 213
records of such board or commission and replacement shall be made 214
from alternate members of an alternate to act as a member of such 215
commission in the hearing and determination of the particular matter or 216
matters in which the disqualification arose. For the purposes of this 217
section, the board or commission authorized by the municipality or 218
district, as the case may be, shall serve as the sole agent for the licensing 219
of regulated activities. 220
(d) At least one member of the inland wetlands agency or staff of the 221
agency shall be a person who has completed the comprehensive training 222
program developed by the commissioner pursuant to section 22a-39, as 223
amended by this act. Failure to have a member of the agency or staff 224
with training shall not affect the validity of any action of the agency. The 225
commissioner shall annually make such program available to one 226
person from each town without cost to that person or the town. Each 227
inland wetlands agency shall hold a meeting at least once annually at 228
which information is presented to the members of the agency which 229
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summarizes the provisions of the training program. The commissioner 230
shall develop such information in consultation with interested persons 231
affected by the regulation of inland wetlands and shall provide for 232
distribution of video presentations and related written materials which 233
convey such information to inland wetlands agencies. In addition to 234
such materials, the commissioner, in consultation with such persons, 235
shall prepare materials which provide guidance to municipalities in 236
carrying out the provisions of subsection (f) of section 22a-42a, as 237
amended by this act. 238
(e) Any municipality, pursuant to ordinance, may act through the 239
board or commission authorized in subsection (c) of this section to join 240
with any other municipalities in the formation of a district for the 241
regulation of activities affecting the wetlands, [and] watercourses and 242
riparian buffers within such district. Any city or borough may delegate 243
its authority to regulate inland wetlands under this section to the town 244
in which it is located. 245
(f) Municipal or district ordinances or regulations may embody any 246
regulations promulgated hereunder, in whole or in part, or may consist 247
of other ordinances or regulations in conformity with regulations 248
promulgated hereunder. Any ordinances or regulations shall be for the 249
purpose of effectuating the purposes of sections 22a-36 to 22a-45, 250
inclusive, as amended by this act, and, a municipality or district, in 251
acting upon ordinances and regulations shall incorporate the factors set 252
forth in section 22a-41, as amended by this act. 253
(g) Nothing contained in this section shall be construed to limit the 254
existing authority of a municipality or any boards or commissions of the 255
municipality, provided the commissioner shall retain authority to act on 256
any application filed with said commissioner prior to the establishment 257
or designation of an inland wetlands agency by a municipality. 258
Sec. 9. Section 22a-42a of the general statutes is repealed and the 259
following is substituted in lieu thereof (Effective October 1, 2025): 260
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(a) The inland wetlands agencies authorized in section 22a-42, as 261
amended by this act, shall through regulation provide for (1) the manner 262
in which the boundaries of inland wetland, [and] watercourse and 263
riparian buffer areas in their respective municipalities shall be 264
established and amended or changed, (2) the form for an application to 265
conduct regulated activities, (3) notice and publication requirements, (4) 266
criteria and procedures for the review of applications, and (5) 267
administration and enforcement. 268
(b) No regulations of an inland wetlands agency including 269
boundaries of inland wetland, [and] watercourse and riparian buffer 270
areas shall become effective or be established until after a public hearing 271
in relation thereto is held by the inland wetlands agency. Any such 272
hearing shall be held in accordance with the provisions of section 8-7d. 273
A copy of such proposed regulation or boundary shall be filed in the 274
office of the town, city or borough clerk as the case may be, in such 275
municipality, for public inspection at least ten days before such hearing, 276
and may be published in full in such paper. A copy of the notice and the 277
proposed regulations or amendments thereto, except determinations of 278
boundaries, shall be provided to the commissioner at least thirty-five 279
days before such hearing. Such regulations and inland wetland, [and] 280
watercourse and riparian buffer boundaries may be from time to time 281
amended, changed or repealed, by majority vote of the inland wetlands 282
agency, after a public hearing in relation thereto is held by the inland 283
wetlands agency, in accordance with the provisions of section 8-7d. 284
Regulations or boundaries or changes therein shall become effective at 285
such time as is fixed by the inland wetlands agency, provided a copy of 286
such regulation, boundary or change shall be filed in the office of the 287
town, city or borough clerk, as the case may be. Whenever an inland 288
wetlands agency makes a change in regulations or boundaries it shall 289
state upon its records the reason why the change was made and shall 290
provide a copy of such regulation, boundary or change to the 291
Commissioner of Energy and Environmental Protection no later than 292
ten days after its adoption provided failure to submit such regulation, 293
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boundary or change shall not impair the validity of such regulation, 294
boundary or change. All petitions submitted in writing and in a form 295
prescribed by the inland wetlands agency, requesting a change in the 296
regulations or the boundaries of an inland wetland, [and] watercourse 297
and riparian buffer area shall be considered at a public hearing held in 298
accordance with the provisions of section 8-7d. The failure of the inland 299
wetlands agency to act within any time period specified in this 300
subsection, or any extension thereof, shall not be deemed to constitute 301
approval of the petition. 302
(c) (1) On and after the effective date of the municipal regulations 303
promulgated pursuant to subsection (b) of this section, no regulated 304
activity shall be conducted upon any inland wetland, [or] watercourse 305
or riparian buffer without a permit. Any person proposing to conduct 306
or cause to be conducted a regulated activity upon an inland wetland, 307
[or] watercourse or riparian buffer shall file an application with the 308
inland wetlands agency of the town or towns wherein the wetland, [or] 309
watercourse or riparian buffer in question is located. The application 310
shall be in such form and contain such information as the inland 311
wetlands agency may prescribe. The date of receipt of an application 312
shall be determined in accordance with the provisions of subsection (c) 313
of section 8-7d. The inland wetlands agency shall not hold a public 314
hearing on such application unless the inland wetlands agency 315
determines that the proposed activity may have a significant impact on 316
wetlands, [or] watercourses or riparian buffers, a petition signed by at 317
least twenty-five persons who are eighteen years of age or older and 318
who reside in the municipality in which the regulated activity is 319
proposed, requesting a hearing is filed with the agency not later than 320
fourteen days after the date of receipt of such application, or the agency 321
finds that a public hearing regarding such application would be in the 322
public interest. An inland wetlands agency may issue a permit without 323
a public hearing provided no petition provided for in this subsection is 324
filed with the agency on or before the fourteenth day after the date of 325
receipt of the application. Such hearing shall be held in accordance with 326
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the provisions of section 8-7d. If the inland wetlands agency, or its agent, 327
fails to act on any application within thirty-five days after the 328
completion of a public hearing or in the absence of a public hearing 329
within sixty-five days from the date of receipt of the application, or 330
within any extension of any such period as provided in section 8-7d, the 331
applicant may file such application with the Commissioner of Energy 332
and Environmental Protection who shall review and act on such 333
application in accordance with this section. Any costs incurred by the 334
commissioner in reviewing such application for such inland wetlands 335
agency shall be paid by the municipality that established or authorized 336
the agency. Any fees that would have been paid to such municipality if 337
such application had not been filed with the commissioner shall be paid 338
to the state. The failure of the inland wetlands agency or the 339
commissioner to act within any time period specified in this subsection, 340
or any extension thereof, shall not be deemed to constitute approval of 341
the application. 342
(2) An inland wetlands agency may delegate to its duly authorized 343
agent the authority to approve or extend an activity that is not located 344
in a wetland or watercourse when such agent finds that the conduct of 345
such activity would result in no greater than a minimal impact on any 346
wetland, [or] watercourse or riparian buffer provided such agent has 347
completed the comprehensive training program developed by the 348
commissioner pursuant to section 22a-39, as amended by this act. 349
Notwithstanding the provisions for receipt and processing applications 350
prescribed in subdivision (1) of this subsection, such agent may approve 351
or extend such an activity at any time. Any person receiving such 352
approval from such agent shall, within ten days of the date of such 353
approval, publish, at the applicant's expense, notice of the approval in a 354
newspaper having a general circulation in the town wherein the activity 355
is located or will have an effect. Any person may appeal such decision 356
of such agent to the inland wetlands agency within fifteen days after the 357
publication date of the notice and the inland wetlands agency shall 358
consider such appeal at its next regularly scheduled meeting provided 359
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such meeting is no earlier than three business days after receipt by such 360
agency or its agent of such appeal. The inland wetlands agency shall, at 361
its discretion, sustain, alter or reject the decision of its agent or require 362
an application for a permit in accordance with subdivision (1) of 363
subsection (c) of this section. 364
(d) (1) In granting, denying or limiting any permit for a regulated 365
activity the inland wetlands agency, or its agent, shall consider the 366
factors set forth in section 22a-41, as amended by this act, and such 367
agency, or its agent, shall state upon the record the reason for its 368
decision. In granting a permit the inland wetlands agency, or its agent, 369
may grant the application as filed or grant it upon other terms, 370
conditions, limitations or modifications of the regulated activity which 371
are designed to carry out the policy of sections 22a-36 to 22a-45, 372
inclusive, as amended by this act. Such terms may include any 373
reasonable measures which would mitigate the impacts of the regulated 374
activity and which would (A) prevent or minimize pollution or other 375
environmental damage, (B) maintain or enhance existing environmental 376
quality, or (C) in the following order of priority: Restore, enhance and 377
create productive wetland, [or] watercourse or riparian buffer 378
resources. Such terms may include restrictions as to the time of year in 379
which a regulated activity may be conducted, provided the inland 380
wetlands agency, or its agent, determines that such restrictions are 381
necessary to carry out the policy of sections 22a-36 to 22a-45, inclusive, 382
as amended by this act. No person shall conduct any regulated activity 383
within an inland wetland or watercourse which requires zoning or 384
subdivision approval without first having obtained a valid certificate of 385
zoning or subdivision approval, special permit, special exception or 386
variance or other documentation establishing that the proposal 387
complies with the zoning or subdivision requirements adopted by the 388
municipality pursuant to chapters 124 to 126, inclusive, or any special 389
act. The agency may suspend or revoke a permit if it finds after giving 390
notice to the permittee of the facts or conduct which warrant the 391
intended action and after a hearing at which the permittee is given an 392
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opportunity to show compliance with the requirements for retention of 393
the permit, that the applicant has not complied with the conditions or 394
limitations set forth in the permit or has exceeded the scope of the work 395
as set forth in the application. The applicant shall be notified of the 396
agency's decision by certified mail within fifteen days of the date of the 397
decision and the agency shall cause notice of their order in issuance, 398
denial, revocation or suspension of a permit to be published in a 399
newspaper having a general circulation in the town wherein the 400
wetland or watercourse lies. In any case in which such notice is not 401
published within such fifteen-day period, the applicant may provide for 402
the publication of such notice within ten days thereafter. 403
(2) (A) Any permit issued under this section for the development of 404
property for which an approval is required under chapter 124, 124b, 126 405
or 126a shall (i) not take effect until each such approval, as applicable, 406
granted under such chapter has taken effect, and (ii) be valid until the 407
approval granted under such chapter expires or for ten years, whichever 408
is earlier. 409
(B) Any permit issued under this section for any activity for which an 410
approval is not required under chapter 124, 124b, 126 or 126a shall be 411
valid for not less than two years and not more than five years. Any such 412
permit shall be renewed upon request of the permit holder unless the 413
agency finds that there has been a substantial change in circumstances 414
which requires a new permit application or an enforcement action has 415
been undertaken with regard to the regulated activity for which the 416
permit was issued, provided no permit may be valid for more than ten 417
years. 418
(e) The inland wetlands agency may require a filing fee to be 419
deposited with the agency. The amount of such fee shall be sufficient to 420
cover the reasonable cost of reviewing and acting on applications and 421
petitions, including, but not limited to, the costs of certified mailings, 422
publications of notices and decisions and monitoring compliance with 423
permit conditions or agency orders. 424
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(f) If a municipal inland wetlands agency regulates activities within 425
areas around wetlands, [or] watercourses or riparian buffers, such 426
regulation shall (1) be in accordance with the provisions of the inland 427
wetlands regulations adopted by such agency related to application for, 428
and approval of, activities to be conducted in wetlands or watercourses 429
and (2) apply only to those activities which are likely to impact or affect 430
wetlands, [or] watercourses or riparian buffers. 431
(g) (1) Notwithstanding the provisions of subdivision (2) of 432
subsection (d) of this section, any permit issued under this section prior 433
to July 1, 2011, that has not expired prior to July 12, 2021, shall expire 434
not less than fourteen years after the date of such approval. Any such 435
permit shall be renewed upon request of the permit holder unless the 436
agency finds that there has been a substantial change in circumstances 437
that requires a new permit application or an enforcement action has 438
been undertaken with regard to the regulated activity for which the 439
permit was issued, provided no such permit shall be valid for more than 440
nineteen years. 441
(2) Notwithstanding the provisions of subdivision (2) of subsection 442
(d) of this section, any permit issued under this section on or after July 443
1, 2011, but prior to June 10, 2021, that did not expire prior to March 10, 444
2020, shall expire not less than fourteen years after the date of such 445
approval. Any such permit shall be renewed upon request of the permit 446
holder unless the agency finds that there has been a substantial change 447
in circumstances that requires a new permit application or an 448
enforcement action has been undertaken with regard to the regulated 449
activity for which the permit was issued, provided no such permit shall 450
be valid for more than nineteen years. 451
Sec. 10. Section 22a-42f of the general statutes is repealed and the 452
following is substituted in lieu thereof (Effective October 1, 2025): 453
When an application is filed to conduct or cause to be conducted a 454
regulated activity upon an inland wetland, [or] watercourse or riparian 455
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buffer, any portion of which is within the watershed of a water company 456
as defined in section 25-32a, the applicant shall: (1) Provide written 457
notice of the application to the water company and the Department of 458
Public Health; and (2) determine if the project is within the watershed 459
of a water company by consulting the maps posted on said department's 460
Internet web site showing the boundaries of the watershed. Such 461
applicant shall send such notice to the water company by certified mail, 462
return receipt requested, and to said department by electronic mail to 463
the electronic mail address designated by the department on its Internet 464
web site for receipt of such notice. Such applicant shall mail such notice 465
not later than seven days after the date of the application. The water 466
company and the Commissioner of Public Health, through a 467
representative, may appear and be heard at any hearing on the 468
application. 469
Sec. 11. Subsection (a) of section 22a-43 of the general statutes is 470
repealed and the following is substituted in lieu thereof (Effective October 471
1, 2025): 472
(a) The commissioner or any person aggrieved by any regulation, 473
order, decision or action made pursuant to sections 22a-36 to 22a-45, 474
inclusive, as amended by this act, by the commissioner, a district or 475
municipality or any person owning or occupying land which abuts any 476
portion of land within, or is within a radius of ninety feet of, the 477
wetland, [or] watercourse or riparian buffer involved in any regulation, 478
order, decision or action made pursuant to said sections may, within the 479
time specified in subsection (b) of section 8-8, from the publication of 480
such regulation, order, decision or action, appeal to the superior court 481
for the judicial district where the land affected is located, and if located 482
in more than one judicial district to the court in any such judicial district. 483
Such appeal shall be made returnable to the court in the same manner 484
as that prescribed for civil actions brought to the court, except that the 485
record shall be transmitted to the court within the time specified in 486
subsection (i) of section 8-8. If the inland wetlands agency or its agent 487
does not provide a transcript of the stenographic or the sound recording 488
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of a meeting where the inland wetlands agency or its agent deliberates 489
or makes a decision on a permit for which a public hearing was held, a 490
certified, true and accurate transcript of a stenographic or sound 491
recording of the meeting prepared by or on behalf of the applicant or 492
any other party shall be admissible as part of the record. Notice of such 493
appeal shall be served upon the inland wetlands agency and the 494
commissioner, provided, for any such appeal taken on or after October 495
1, 2004, service of process for purposes of such notice to the inland 496
wetlands agency shall be made in accordance with subdivision (5) of 497
subsection (b) of section 52-57. The commissioner may appear as a party 498
to any action brought by any other person within thirty days from the 499
date such appeal is returned to the court. The appeal shall state the 500
reasons upon which it is predicated and shall not stay proceedings on 501
the regulation, order, decision or action, but the court may on 502
application and after notice grant a restraining order. Such appeal shall 503
have precedence in the order of trial. 504
Sec. 12. Section 22a-45 of the general statutes is repealed and the 505
following is substituted in lieu thereof (Effective October 1, 2025): 506
Any owner of wetlands, [and] watercourses or riparian buffers who 507
may be denied a license in connection with a regulated activity affecting 508
such wetlands, [and] watercourses or riparian buffers, shall upon 509
written application to the assessor, or board of assessors, of the 510
municipality, be entitled to a revaluation of such property to reflect the 511
fair market value thereof in light of the restriction placed upon it by the 512
denial of such license or permit, effective with respect to the next 513
succeeding assessment list of such municipality, provided no such 514
revaluation shall be effective retroactively and the municipality may 515
require as a condition therefor the conveyance of a less than fee interest 516
to it of such land pursuant to the provisions of sections 7-131b to 7-131k, 517
inclusive. 518
Sec. 13. Section 26-136 of the general statutes is amended by adding 519
subsection (d) as follows (Effective October 1, 2025): 520
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(NEW) (d) For any existing fishway constructed for a dam located in 521
navigable waters, as determined by the Commissioner of Energy and 522
Environmental Protection, that is not subject to the jurisdiction of the 523
Federal Energy Regulatory Commission, the commissioner shall 524
prescribe, by regulations adopted in accordance with the provisions of 525
chapter 54 or by permit, conditions to ensure safe, timely and effective 526
fish passage and to protect aquatic habitat. Such conditions shall be 527
implemented by, and at the cost of, the owner or operator of any such 528
dam. 529
Sec. 14. (NEW) (Effective from passage) (a) On and after January 1, 2026, 530
each property or casualty insurance policy, including, but not limited 531
to, any policy of a captive insurance company, for fossil fuel 532
infrastructure that facilitates or expands the processing, exporting or 533
transporting of oil, methane gas or coal, other than home fuel delivery 534
vehicles, or any other infrastructure related to such activities, including, 535
but not limited to, wells, pipelines, terminals, refineries or utility-scale 536
generation facilities, shall be assessed a five per cent surcharge for the 537
issuance or renewal of any such policy. 538
(b) The Insurance Commissioner shall ensure the deposit of any such 539
surcharge described in subsection (a) of this section to the climate 540
resilience account established by the Commissioner of Energy and 541
Environmental Protection. The Commissioner of Energy and 542
Environmental Protection shall prescribe the allocation of such funds for 543
the purpose of disseminating flood risk data to communities throughout 544
the state, establishing a public awareness effort in those communities 545
with a high risk of such flooding and providing grants to such 546
communities for the construction or installation of climate resilient 547
infrastructure that is designed to mitigate the high risk of such flooding 548
in such communities. 549
(c) The Commissioner of Energy and Environmental Protection, in 550
consultation with the Insurance Commissioner, may adopt regulations, 551
in accordance with the provisions of chapter 54 of the general statutes, 552
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to implement the provisions of this section. 553
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2025 22a-38(19)
Sec. 2 October 1, 2025 22a-38(13)
Sec. 3 July 1, 2025 New section
Sec. 4 October 1, 2025 22a-39(f) to (i)
Sec. 5 October 1, 2025 22a-40(a)(1) to (4)
Sec. 6 October 1, 2025 22a-40(b)
Sec. 7 October 1, 2025 22a-41
Sec. 8 October 1, 2025 22a-42
Sec. 9 October 1, 2025 22a-42a
Sec. 10 October 1, 2025 22a-42f
Sec. 11 October 1, 2025 22a-43(a)
Sec. 12 October 1, 2025 22a-45
Sec. 13 October 1, 2025 26-136(d)
Sec. 14 from passage New section
Statement of Purpose:
To establish protections for riparian buffer zones, protect fishways
along certain water passages and require certain insurance surcharge
fees for environmental measures.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]