Connecticut 2025 Regular Session

Connecticut House Bill HB07174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 17
	3	+	LCO No. 5667 1 of 19
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7174
	5	+	General Assembly Raised Bill No. 7174
6	6		January Session, 2025
	7	+	LCO No. 5667
	8	+
	9	+
	10	+	Referred to Committee on ENVIRONMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(ENV)
7	15
8	16
9	17
10	18
11		-
12		-	~~AN ACT CONCERNING RIPARIAN AREAS~~.
	19	+	AN ACT CONCERNING RIPARIAN BUFFERS AND ASSOCIATED
	20	+	ENVIRONMENTAL PROVISIONS.
13	21		Be it enacted by the Senate and House of Representatives in General
14	22		Assembly convened:
15	23
16	24		Section 1. Section 22a-38 of the general statutes is amended by adding 1
17	25		subdivision (19) as follows (Effective July 1, 2025): 2
18		-	(NEW) (19) "Riparian ~~area~~" means the area immediately adjacent to 3
	26	+	(NEW) (19) "Riparian buffer" means the area immediately adjacent to 3
19	27		and extending outward from a wetlands or watercourse boundary for a 4
20	28		distance of not less than one hundred feet. 5
21	29		Sec. 2. Subdivision (13) of section 22a-38 of the general statutes is 6
22	30		repealed and the following is substituted in lieu thereof (Effective October 7
23	31		1, 2025): 8
24	32		(13) "Regulated activity" means any operation within or use of a 9
25		-	wetland, [or] watercourse or riparian ~~area~~ involving removal or 10
	33	+	wetland, [or] watercourse, or riparian buffer involving removal or 10
26	34		deposition of material, including, but not limited to, removal of native 11
27	35		vegetation, or any obstruction, construction, alteration or pollution, of 12
28		-	such wetlands, [or] watercourses or riparian areas, but shall not include 13
29		-	the specified activities in section 22a-40, as amended by this act; 14
30		-	Sec. 3. Subsections (f) to (i), inclusive, of section 22a-39 of the general 15
31		-	statutes are repealed and the following is substituted in lieu thereof 16
32		-	(Effective October 1, 2025): 17 Substitute Bill No. 7174
	36	+	such wetlands, [or] watercourses or riparian buffers, but shall not 13
	37	+	include the specified activities in section 22a-40, as amended by this act; 14
	38	+	Raised Bill No. 7174
33	39
34	40
35		-	LCO 2 of 17
36	41
37		-	(f) Adopt such regulations, in accordance with the provisions of 18
38		-	chapter 54, as are necessary to protect the wetlands, [or] watercourses 19
39		-	and riparian areas or any of them individually or collectively; 20
40		-	(g) Inventory or index the wetlands, [and] watercourses and riparian 21
41		-	areas in such form, including pictorial representations, as the 22
42		-	commissioner deems best suited to effectuate the purposes of sections 23
43		-	22a-36 to 22a-45, inclusive, as amended by this act; 24
44		-	(h) Grant, deny, limit or modify in accordance with the provisions of 25
45		-	section 22a-42a, as amended by this act, an application for a license or 26
46		-	permit for any proposed regulated activity conducted by any 27
47		-	department, agency or instrumentality of the state, except any local or 28
48		-	regional board of education, (1) after an advisory decision on such 29
49		-	license or permit has been rendered to the commissioner by the wetland 30
50		-	agency of the municipality within which such wetland is located or (2) 31
51		-	thirty-five days after receipt by the commissioner of such application, 32
52		-	whichever occurs first; 33
53		-	(i) Grant, deny, limit or modify in accordance with the provisions of 34
54		-	section 22a-42, as amended by this act, and section 22a-42a, as amended 35
55		-	by this act, an application for a license or permit for any proposed 36
56		-	regulated activity within a municipality which does not regulate its 37
57		-	wetlands, [and] watercourses and riparian areas; 38
58		-	Sec. 4. Subdivisions (1) to (4), inclusive, of subsection (a) of section 39
59		-	22a-40 of the general statutes are repealed and the following is 40
60		-	substituted in lieu thereof (Effective October 1, 2025): 41
61		-	(1) Grazing, farming, nurseries, gardening and harvesting of crops 42
62		-	and farm ponds of three acres or less essential to the farming operation, 43
63		-	and activities conducted by, or under the authority of, the Department 44
64		-	of Energy and Environmental Protection for the purposes of wetland or 45
65		-	watercourse restoration or enhancement or mosquito control. The 46
66		-	provisions of this subdivision shall not be construed to include road 47
67		-	construction or the erection of buildings not directly related to the 48
68		-	farming operation, relocation of watercourses with continual flow, 49 Substitute Bill No. 7174
	42	+	LCO No. 5667 2 of 19
	43	+
	44	+	Sec. 3. (NEW) (Effective July 1, 2025) (a) There are established in the 15
	45	+	state riparian buffers, as defined in section 22a-38 of the general statutes, 16
	46	+	as amended by this act. 17
	47	+	(b) Notwithstanding any provision of the general statutes within any 18
	48	+	such riparian buffer, for any area that is within: (1) Fifty feet of a 19
	49	+	watercourse that is within a public drinking water supply area, (2) 20
	50	+	twenty-five feet of a cold water habitat stream, or (3) ten feet of any other 21
	51	+	wetland, watercourse or riparian area, the following activities shall be 22
	52	+	prohibited: (A) The spraying of pesticides, except by permit issued by 23
	53	+	the Department of Energy and Environmental Protection for invasive 24
	54	+	species control, (B) the storage of chemicals including fossil fuels, 25
	55	+	pesticides and fertilizers, and (C) the clear cutting of native vegetation 26
	56	+	for the establishment of new lawn areas. 27
	57	+	(c) The Commissioner of Energy and Environmental Protection may 28
	58	+	enforce the provisions of this section within available resources. 29
	59	+	Sec. 4. Subsections (f) to (i), inclusive, of section 22a-39 of the general 30
	60	+	statutes are repealed and the following is substituted in lieu thereof 31
	61	+	(Effective October 1, 2025): 32
	62	+	(f) Adopt such regulations, in accordance with the provisions of 33
	63	+	chapter 54, as are necessary to protect the wetlands, [or] watercourses 34
	64	+	and riparian buffers or any of them individually or collectively; 35
	65	+	(g) Inventory or index the wetlands, [and] watercourses and riparian 36
	66	+	buffers in such form, including pictorial representations, as the 37
	67	+	commissioner deems best suited to effectuate the purposes of sections 38
	68	+	22a-36 to 22a-45, inclusive, as amended by this act; 39
	69	+	(h) Grant, deny, limit or modify in accordance with the provisions of 40
	70	+	section 22a-42a, as amended by this act, an application for a license or 41
	71	+	permit for any proposed regulated activity conducted by any 42
	72	+	department, agency or instrumentality of the state, except any local or 43
	73	+	regional board of education, (1) after an advisory decision on such 44
	74	+	Raised Bill No. 7174
69	75
70	76
71		-	LCO 3 of 17
72	77
73		-	filling or reclamation of wetlands or watercourses with continual flow, 50
74		-	clear cutting of timber or native vegetation except for the expansion of 51
75		-	agricultural crop land, the mining of top soil, peat, sand, gravel or 52
76		-	similar material from wetlands or watercourses for the purposes of sale; 53
77		-	(2) A residential home (A) for which a building permit has been 54
78		-	issued, or (B) on a subdivision lot, provided the permit has been issued 55
79		-	or the subdivision has been approved by a municipal planning, zoning 56
80		-	or planning and zoning commission as of the effective date of 57
81		-	promulgation of the municipal regulations pursuant to subsection (b) of 58
82		-	section 22a-42a, as amended by this act, or as of July 1, 1974, whichever 59
83		-	is earlier, and further provided no residential home shall be permitted 60
84		-	as of right pursuant to this subdivision unless the permit was obtained 61
85		-	on or before July 1, 1987; 62
86		-	(3) Boat anchorage or mooring; 63
87		-	(4) Uses incidental to the enjoyment and maintenance of residential 64
88		-	property, such property defined as equal to or smaller than the largest 65
89		-	minimum residential lot site permitted anywhere in the municipality, 66
90		-	provided in any town, where there are no zoning regulations 67
91		-	establishing minimum residential lot sites, the largest minimum lot site 68
92		-	shall be two acres. Such incidental uses shall include maintenance of 69
93		-	existing structures and landscaping but shall not include removal or 70
94		-	deposition of significant amounts of material from or onto a wetland or 71
95		-	watercourse or diversion or alteration of a watercourse or clear cutting 72
96		-	of native vegetation within ten feet of any wetlands or watercourse; 73
97		-	Sec. 5. Subsection (b) of section 22a-40 of the general statutes is 74
98		-	repealed and the following is substituted in lieu thereof (Effective October 75
99		-	1, 2025): 76
100		-	(b) The following operations and uses shall be permitted, as 77
101		-	nonregulated uses in wetlands, [and] watercourses and riparian areas, 78
102		-	provided they do not disturb the natural and indigenous character of 79
103		-	the wetland, [or] watercourse or riparian area by removal or deposition 80
104		-	of material, removal of native vegetation, alteration or obstruction of 81 Substitute Bill No. 7174
	78	+	LCO No. 5667 3 of 19
	79	+
	80	+	license or permit has been rendered to the commissioner by the wetland 45
	81	+	agency of the municipality within which such wetland is located or (2) 46
	82	+	thirty-five days after receipt by the commissioner of such application, 47
	83	+	whichever occurs first; 48
	84	+	(i) Grant, deny, limit or modify in accordance with the provisions of 49
	85	+	section 22a-42, as amended by this act, and section 22a-42a, as amended 50
	86	+	by this act, an application for a license or permit for any proposed 51
	87	+	regulated activity within a municipality which does not regulate its 52
	88	+	wetlands, [and] watercourses and riparian buffers; 53
	89	+	Sec. 5. Subdivisions (1) to (4), inclusive, of subsection (a) of section 54
	90	+	22a-40 of the general statutes are repealed and the following is 55
	91	+	substituted in lieu thereof (Effective October 1, 2025): 56
	92	+	(1) Grazing, farming, nurseries, gardening and harvesting of crops 57
	93	+	and farm ponds of three acres or less essential to the farming operation, 58
	94	+	and activities conducted by, or under the authority of, the Department 59
	95	+	of Energy and Environmental Protection for the purposes of wetland or 60
	96	+	watercourse restoration or enhancement or mosquito control. The 61
	97	+	provisions of this subdivision shall not be construed to include road 62
	98	+	construction or the erection of buildings not directly related to the 63
	99	+	farming operation, relocation of watercourses with continual flow, 64
	100	+	filling or reclamation of wetlands or watercourses with continual flow, 65
	101	+	clear cutting of timber or native vegetation except for the expansion of 66
	102	+	agricultural crop land, the mining of top soil, peat, sand, gravel or 67
	103	+	similar material from wetlands or watercourses for the purposes of sale; 68
	104	+	(2) A residential home (A) for which a building permit has been 69
	105	+	issued, or (B) on a subdivision lot, provided the permit has been issued 70
	106	+	or the subdivision has been approved by a municipal planning, zoning 71
	107	+	or planning and zoning commission as of the effective date of 72
	108	+	promulgation of the municipal regulations pursuant to subsection (b) of 73
	109	+	section 22a-42a, as amended by this act, or as of July 1, 1974, whichever 74
	110	+	is earlier, and further provided no residential home shall be permitted 75
	111	+	Raised Bill No. 7174
105	112
106	113
107		-	LCO 4 of 17
108	114
109		-	water flow or pollution of the wetland, [or] watercourse or riparian area: 82
110		-	(1) Conservation of soil, vegetation, water, fish, shellfish and wildlife, 83
111		-	including the revegetation of riparian areas with native vegetation and 84
112		-	removal of invasive species; 85
113		-	(2) Outdoor recreation including play and sporting areas, golf 86
114		-	courses, field trials, nature study, hiking, horseback riding, swimming, 87
115		-	skin diving, camping, boating, water skiing, trapping, hunting, fishing 88
116		-	and shellfishing where otherwise legally permitted and regulated; and 89
117		-	(3) The installation of a dry hydrant by or under the authority of a 90
118		-	municipal fire department, provided such dry hydrant is only used for 91
119		-	firefighting purposes and there is no alternative access to a public water 92
120		-	supply. For purposes of this section, "dry hydrant" means a non-93
121		-	pressurized pipe system that: (A) Is readily accessible to fire department 94
122		-	apparatus from a proximate public road, (B) provides for the 95
123		-	withdrawal of water by suction to such fire department apparatus, and 96
124		-	(C) is permanently installed into an existing lake, pond or stream that is 97
125		-	a dependable source of water. 98
126		-	Sec. 6. Section 22a-41 of the general statutes is repealed and the 99
127		-	following is substituted in lieu thereof (Effective October 1, 2025): 100
128		-	(a) In carrying out the purposes and policies of sections 22a-36 to 22a-101
129		-	45a, inclusive, including matters relating to regulating, licensing and 102
130		-	enforcing of the provisions thereof, the commissioner shall take into 103
131		-	consideration all relevant facts and circumstances, including but not 104
132		-	limited to: 105
133		-	(1) The environmental impact of the proposed regulated activity on 106
134		-	wetlands, [or] watercourses or riparian areas; 107
135		-	(2) The applicant's purpose for, and any feasible and prudent 108
136		-	alternatives to, the proposed regulated activity which alternatives 109
137		-	would cause less or no environmental impact to wetlands, [or] 110
138		-	watercourses or riparian areas; 111 Substitute Bill No. 7174
	115	+	LCO No. 5667 4 of 19
	116	+
	117	+	as of right pursuant to this subdivision unless the permit was obtained 76
	118	+	on or before July 1, 1987; 77
	119	+	(3) Boat anchorage or mooring; 78
	120	+	(4) Uses incidental to the enjoyment and maintenance of residential 79
	121	+	property, such property defined as equal to or smaller than the largest 80
	122	+	minimum residential lot site permitted anywhere in the municipality, 81
	123	+	provided in any town, where there are no zoning regulations 82
	124	+	establishing minimum residential lot sites, the largest minimum lot site 83
	125	+	shall be two acres. Such incidental uses shall include maintenance of 84
	126	+	existing structures and landscaping but shall not include removal or 85
	127	+	deposition of significant amounts of material from or onto a wetland or 86
	128	+	watercourse or diversion or alteration of a watercourse or clear cutting 87
	129	+	of native vegetation within ten feet of any wetlands or watercourse; 88
	130	+	Sec. 6. Subsection (b) of section 22a-40 of the general statutes is 89
	131	+	repealed and the following is substituted in lieu thereof (Effective October 90
	132	+	1, 2025): 91
	133	+	(b) The following operations and uses shall be permitted, as 92
	134	+	nonregulated uses in wetlands, [and] watercourses and riparian buffers, 93
	135	+	provided they do not disturb the natural and indigenous character of 94
	136	+	the wetland, [or] watercourse or riparian buffer by removal or 95
	137	+	deposition of material, removal of native vegetation, alteration or 96
	138	+	obstruction of water flow or pollution of the wetland, [or] watercourse 97
	139	+	or riparian buffer: 98
	140	+	(1) Conservation of soil, vegetation, water, fish, shellfish and wildlife, 99
	141	+	including the revegetation of riparian buffers with native vegetation 100
	142	+	and removal of invasive species; 101
	143	+	(2) Outdoor recreation including play and sporting areas, golf 102
	144	+	courses, field trials, nature study, hiking, horseback riding, swimming, 103
	145	+	skin diving, camping, boating, water skiing, trapping, hunting, fishing 104
	146	+	and shellfishing where otherwise legally permitted and regulated; and 105
	147	+	Raised Bill No. 7174
139	148
140	149
141		-	LCO 5 of 17
142	150
143		-	(3) The relationship between the short-term and long-term impacts of 112
144		-	the proposed regulated activity on wetlands, [or] watercourses or 113
145		-	riparian areas and the maintenance and enhancement of long-term 114
146		-	productivity of such wetlands, [or] watercourses or riparian areas; 115
147		-	(4) Irreversible and irretrievable loss of wetland, [or] watercourse or 116
148		-	riparian area resources which would be caused by the proposed 117
149		-	regulated activity, including the extent to which such activity would 118
150		-	foreclose a future ability to protect, enhance or restore such resources, 119
151		-	and any mitigation measures which may be considered as a condition 120
152		-	of issuing a permit for such activity including, but not limited to, 121
153		-	measures to (A) prevent or minimize pollution or other environmental 122
154		-	damage, (B) maintain or enhance existing environmental quality, or (C) 123
155		-	in the following order of priority: Restore, enhance and create 124
156		-	productive wetland, [or watercourse resources] watercourses or 125
157		-	riparian areas; 126
158		-	(5) The character and degree of injury to, or interference with, safety, 127
159		-	health or the reasonable use of property which is caused or threatened 128
160		-	by the proposed regulated activity; [and] 129
161		-	(6) Impacts of the proposed regulated activity on wetlands, [or] 130
162		-	watercourses or riparian areas outside the area for which the activity is 131
163		-	proposed and future activities associated with, or reasonably related to, 132
164		-	the proposed regulated activity which are made inevitable by the 133
165		-	proposed regulated activity and which may have an impact on 134
166		-	wetlands, [or] watercourses or riparian areas; and 135
167		-	(7) Public drinking water supply areas and cold water habitat 136
168		-	streams. 137
169		-	(b) (1) In the case of an application which received a public hearing 138
170		-	pursuant to (A) subsection (k) of section 22a-39, or (B) a finding by the 139
171		-	inland wetlands agency that the proposed activity may have a 140
172		-	significant impact on wetlands, [or] watercourses or riparian areas, a 141
173		-	permit shall not be issued unless the commissioner finds on the basis of 142
174		-	the record that a feasible and prudent alternative does not exist. In 143 Substitute Bill No. 7174
	151	+	LCO No. 5667 5 of 19
	152	+
	153	+	(3) The installation of a dry hydrant by or under the authority of a 106
	154	+	municipal fire department, provided such dry hydrant is only used for 107
	155	+	firefighting purposes and there is no alternative access to a public water 108
	156	+	supply. For purposes of this section, "dry hydrant" means a non-109
	157	+	pressurized pipe system that: (A) Is readily accessible to fire department 110
	158	+	apparatus from a proximate public road, (B) provides for the 111
	159	+	withdrawal of water by suction to such fire department apparatus, and 112
	160	+	(C) is permanently installed into an existing lake, pond or stream that is 113
	161	+	a dependable source of water. 114
	162	+	Sec. 7. Section 22a-41 of the general statutes is repealed and the 115
	163	+	following is substituted in lieu thereof (Effective October 1, 2025): 116
	164	+	(a) In carrying out the purposes and policies of sections 22a-36 to 22a-117
	165	+	45a, inclusive, including matters relating to regulating, licensing and 118
	166	+	enforcing of the provisions thereof, the commissioner shall take into 119
	167	+	consideration all relevant facts and circumstances, including but not 120
	168	+	limited to: 121
	169	+	(1) The environmental impact of the proposed regulated activity on 122
	170	+	wetlands, [or] watercourses or riparian buffers; 123
	171	+	(2) The applicant's purpose for, and any feasible and prudent 124
	172	+	alternatives to, the proposed regulated activity which alternatives 125
	173	+	would cause less or no environmental impact to wetlands, [or] 126
	174	+	watercourses or riparian buffers; 127
	175	+	(3) The relationship between the short-term and long-term impacts of 128
	176	+	the proposed regulated activity on wetlands, [or] watercourses or 129
	177	+	riparian buffers and the maintenance and enhancement of long-term 130
	178	+	productivity of such wetlands, [or] watercourses or riparian buffers; 131
	179	+	(4) Irreversible and irretrievable loss of wetland, [or] watercourse or 132
	180	+	riparian buffer resources which would be caused by the proposed 133
	181	+	regulated activity, including the extent to which such activity would 134
	182	+	foreclose a future ability to protect, enhance or restore such resources, 135
	183	+	Raised Bill No. 7174
175	184
176	185
177		-	LCO 6 of 17
178	186
179		-	making [his] a finding, the commissioner shall consider the facts and 144
180		-	circumstances set forth in subsection (a) of this section. The finding and 145
181		-	the reasons therefor shall be stated on the record in writing. 146
182		-	(2) In the case of an application which is denied on the basis of a 147
183		-	finding that there may be feasible and prudent alternatives to the 148
184		-	proposed regulated activity which have less adverse impact on 149
185		-	wetlands, [or] watercourses or riparian areas, the commissioner or the 150
186		-	inland wetlands agency, as the case may be, shall propose on the record 151
187		-	in writing the types of alternatives which the applicant may investigate 152
188		-	provided this subdivision shall not be construed to shift the burden 153
189		-	from the applicant to prove that [he] the applicant is entitled to the 154
190		-	permit or to present alternatives to the proposed regulated activity. 155
191		-	(c) For purposes of this section, (1) ["wetlands or watercourses"] 156
192		-	"wetlands, watercourses or riparian areas" includes aquatic, plant or 157
193		-	animal life and habitats in wetlands, [or] watercourses or riparian areas, 158
194		-	and (2) "habitats" means areas or environments in which an organism or 159
195		-	biological population normally lives or occurs. 160
196		-	(d) A municipal inland wetlands agency shall not deny or condition 161
197		-	an application for a regulated activity in an area outside wetlands, [or] 162
198		-	watercourses or riparian areas on the basis of an impact or effect on 163
199		-	aquatic, plant, or animal life unless such activity will likely impact or 164
200		-	affect the physical, chemical or thermal characteristics of such wetlands, 165
201		-	[or] watercourses or riparian areas. 166
202		-	Sec. 7. Section 22a-42 of the general statutes is repealed and the 167
203		-	following is substituted in lieu thereof (Effective October 1, 2025): 168
204		-	(a) To carry out and effectuate the purposes and policies of sections 169
205		-	22a-36 to 22a-45a, inclusive, it is hereby declared to be the public policy 170
206		-	of the state to require municipal regulation of activities affecting the 171
207		-	wetlands, [and] watercourses and riparian areas within the territorial 172
208		-	limits of the various municipalities or districts. 173
209		-	(b) Any municipality may acquire wetlands and watercourses within 174 Substitute Bill No. 7174
	187	+	LCO No. 5667 6 of 19
	188	+
	189	+	and any mitigation measures which may be considered as a condition 136
	190	+	of issuing a permit for such activity including, but not limited to, 137
	191	+	measures to (A) prevent or minimize pollution or other environmental 138
	192	+	damage, (B) maintain or enhance existing environmental quality, or (C) 139
	193	+	in the following order of priority: Restore, enhance and create 140
	194	+	productive wetland, [or watercourse resources] watercourses or 141
	195	+	riparian buffers; 142
	196	+	(5) The character and degree of injury to, or interference with, safety, 143
	197	+	health or the reasonable use of property which is caused or threatened 144
	198	+	by the proposed regulated activity; and 145
	199	+	(6) Impacts of the proposed regulated activity on wetlands, [or] 146
	200	+	watercourses or riparian buffers outside the area for which the activity 147
	201	+	is proposed and future activities associated with, or reasonably related 148
	202	+	to, the proposed regulated activity which are made inevitable by the 149
	203	+	proposed regulated activity and which may have an impact on 150
	204	+	wetlands, [or] watercourses or riparian buffers. 151
	205	+	(b) (1) In the case of an application which received a public hearing 152
	206	+	pursuant to (A) subsection (k) of section 22a-39, or (B) a finding by the 153
	207	+	inland wetlands agency that the proposed activity may have a 154
	208	+	significant impact on wetlands, [or] watercourses or riparian buffers, a 155
	209	+	permit shall not be issued unless the commissioner finds on the basis of 156
	210	+	the record that a feasible and prudent alternative does not exist. In 157
	211	+	making [his] a finding, the commissioner shall consider the facts and 158
	212	+	circumstances set forth in subsection (a) of this section. The finding and 159
	213	+	the reasons therefor shall be stated on the record in writing. 160
	214	+	(2) In the case of an application which is denied on the basis of a 161
	215	+	finding that there may be feasible and prudent alternatives to the 162
	216	+	proposed regulated activity which have less adverse impact on 163
	217	+	wetlands, [or] watercourses or riparian buffers, the commissioner or the 164
	218	+	inland wetlands agency, as the case may be, shall propose on the record 165
	219	+	in writing the types of alternatives which the applicant may investigate 166
	220	+	Raised Bill No. 7174
210	221
211	222
212		-	LCO 7 of 17
213	223
214		-	its territorial limits by gift or purchase, in fee or lesser interest including, 175
215		-	but not limited to, lease, easement or covenant, subject to such 176
216		-	reservations and exceptions as it deems advisable. 177
217		-	(c) On or before July 1, 1988, each municipality shall establish an 178
218		-	inland wetlands agency or authorize an existing board or commission 179
219		-	to carry out the provisions of sections 22a-36 to 22a-45, inclusive, as 180
220		-	amended by this act. Each municipality, acting through its legislative 181
221		-	body, may authorize any board or commission, as may be by law 182
222		-	authorized to act, or may establish a new board or commission to 183
223		-	promulgate such regulations, in conformity with the regulations 184
224		-	adopted by the commissioner pursuant to section 22a-39, as amended 185
225		-	by this act, as are necessary to protect the wetlands, [and] watercourses 186
226		-	and riparian areas within its territorial limits. The ordinance 187
227		-	establishing the new board or commission shall determine the number 188
228		-	of members and alternate members, the length of their terms, the 189
229		-	method of selection and removal and the manner for filling vacancies in 190
230		-	the new board or commission. No member or alternate member of such 191
231		-	board or commission shall participate in the hearing or decision of such 192
232		-	board or commission of which he is a member upon any matter in which 193
233		-	he is directly or indirectly interested in a personal or financial sense. In 194
234		-	the event of such disqualification, such fact shall be entered on the 195
235		-	records of such board or commission and replacement shall be made 196
236		-	from alternate members of an alternate to act as a member of such 197
237		-	commission in the hearing and determination of the particular matter or 198
238		-	matters in which the disqualification arose. For the purposes of this 199
239		-	section, the board or commission authorized by the municipality or 200
240		-	district, as the case may be, shall serve as the sole agent for the licensing 201
241		-	of regulated activities. 202
242		-	(d) At least one member of the inland wetlands agency or staff of the 203
243		-	agency shall be a person who has completed the comprehensive training 204
244		-	program developed by the commissioner pursuant to section 22a-39, as 205
245		-	amended by this act. Failure to have a member of the agency or staff 206
246		-	with training shall not affect the validity of any action of the agency. The 207
247		-	commissioner shall annually make such program available to one 208 Substitute Bill No. 7174
	224	+	LCO No. 5667 7 of 19
	225	+
	226	+	provided this subdivision shall not be construed to shift the burden 167
	227	+	from the applicant to prove that [he] the applicant is entitled to the 168
	228	+	permit or to present alternatives to the proposed regulated activity. 169
	229	+	(c) For purposes of this section, (1) ["wetlands or watercourses] 170
	230	+	"wetlands, watercourses or riparian buffers" includes aquatic, plant or 171
	231	+	animal life and habitats in wetlands, [or] watercourses or riparian 172
	232	+	buffers, and (2) "habitats" means areas or environments in which an 173
	233	+	organism or biological population normally lives or occurs. 174
	234	+	(d) A municipal inland wetlands agency shall not deny or condition 175
	235	+	an application for a regulated activity in an area outside wetlands, [or] 176
	236	+	watercourses or riparian buffers on the basis of an impact or effect on 177
	237	+	aquatic, plant, or animal life unless such activity will likely impact or 178
	238	+	affect the physical, chemical or thermal characteristics of such wetlands, 179
	239	+	[or] watercourses or riparian buffers. 180
	240	+	Sec. 8. Section 22a-42 of the general statutes is repealed and the 181
	241	+	following is substituted in lieu thereof (Effective October 1, 2025): 182
	242	+	(a) To carry out and effectuate the purposes and policies of sections 183
	243	+	22a-36 to 22a-45a, inclusive, it is hereby declared to be the public policy 184
	244	+	of the state to require municipal regulation of activities affecting the 185
	245	+	wetlands, [and] watercourses and riparian buffers within the territorial 186
	246	+	limits of the various municipalities or districts. 187
	247	+	(b) Any municipality may acquire wetlands and watercourses within 188
	248	+	its territorial limits by gift or purchase, in fee or lesser interest including, 189
	249	+	but not limited to, lease, easement or covenant, subject to such 190
	250	+	reservations and exceptions as it deems advisable. The Commissioner 191
	251	+	of Energy and Environmental Protection shall designate not less than 192
	252	+	five per cent of funds provided by the Clean Water Act State Revolving 193
	253	+	Fund to establish a nature-based solutions account to be used to protect, 194
	254	+	restore and steward wetlands, watercourses and riparian buffers. 195
	255	+	(c) On or before July 1, 1988, each municipality shall establish an 196
	256	+	Raised Bill No. 7174
248	257
249	258
250		-	LCO 8 of 17
251	259
252		-	person from each town without cost to that person or the town. Each 209
253		-	inland wetlands agency shall hold a meeting at least once annually at 210
254		-	which information is presented to the members of the agency which 211
255		-	summarizes the provisions of the training program. The commissioner 212
256		-	shall develop such information in consultation with interested persons 213
257		-	affected by the regulation of inland wetlands and shall provide for 214
258		-	distribution of video presentations and related written materials which 215
259		-	convey such information to inland wetlands agencies. In addition to 216
260		-	such materials, the commissioner, in consultation with such persons, 217
261		-	shall prepare materials which provide guidance to municipalities in 218
262		-	carrying out the provisions of subsection (f) of section 22a-42a, as 219
263		-	amended by this act. 220
264		-	(e) Any municipality, pursuant to ordinance, may act through the 221
265		-	board or commission authorized in subsection (c) of this section to join 222
266		-	with any other municipalities in the formation of a district for the 223
267		-	regulation of activities affecting the wetlands, [and] watercourses and 224
268		-	riparian areas within such district. Any city or borough may delegate its 225
269		-	authority to regulate inland wetlands under this section to the town in 226
270		-	which it is located. 227
271		-	(f) Municipal or district ordinances or regulations may embody any 228
272		-	regulations promulgated hereunder, in whole or in part, or may consist 229
273		-	of other ordinances or regulations in conformity with regulations 230
274		-	promulgated hereunder. Any ordinances or regulations shall be for the 231
275		-	purpose of effectuating the purposes of sections 22a-36 to 22a-45, 232
276		-	inclusive, as amended by this act, and, a municipality or district, in 233
277		-	acting upon ordinances and regulations shall incorporate the factors set 234
278		-	forth in section 22a-41, as amended by this act. 235
279		-	(g) Nothing contained in this section shall be construed to limit the 236
280		-	existing authority of a municipality or any boards or commissions of the 237
281		-	municipality, provided the commissioner shall retain authority to act on 238
282		-	any application filed with said commissioner prior to the establishment 239
283		-	or designation of an inland wetlands agency by a municipality. 240 Substitute Bill No. 7174
	260	+	LCO No. 5667 8 of 19
	261	+
	262	+	inland wetlands agency or authorize an existing board or commission 197
	263	+	to carry out the provisions of sections 22a-36 to 22a-45, inclusive, as 198
	264	+	amended by this act. Each municipality, acting through its legislative 199
	265	+	body, may authorize any board or commission, as may be by law 200
	266	+	authorized to act, or may establish a new board or commission to 201
	267	+	promulgate such regulations, in conformity with the regulations 202
	268	+	adopted by the commissioner pursuant to section 22a-39, as amended 203
	269	+	by this act, as are necessary to protect the wetlands, [and] watercourses 204
	270	+	and riparian buffers within its territorial limits. The ordinance 205
	271	+	establishing the new board or commission shall determine the number 206
	272	+	of members and alternate members, the length of their terms, the 207
	273	+	method of selection and removal and the manner for filling vacancies in 208
	274	+	the new board or commission. No member or alternate member of such 209
	275	+	board or commission shall participate in the hearing or decision of such 210
	276	+	board or commission of which he is a member upon any matter in which 211
	277	+	he is directly or indirectly interested in a personal or financial sense. In 212
	278	+	the event of such disqualification, such fact shall be entered on the 213
	279	+	records of such board or commission and replacement shall be made 214
	280	+	from alternate members of an alternate to act as a member of such 215
	281	+	commission in the hearing and determination of the particular matter or 216
	282	+	matters in which the disqualification arose. For the purposes of this 217
	283	+	section, the board or commission authorized by the municipality or 218
	284	+	district, as the case may be, shall serve as the sole agent for the licensing 219
	285	+	of regulated activities. 220
	286	+	(d) At least one member of the inland wetlands agency or staff of the 221
	287	+	agency shall be a person who has completed the comprehensive training 222
	288	+	program developed by the commissioner pursuant to section 22a-39, as 223
	289	+	amended by this act. Failure to have a member of the agency or staff 224
	290	+	with training shall not affect the validity of any action of the agency. The 225
	291	+	commissioner shall annually make such program available to one 226
	292	+	person from each town without cost to that person or the town. Each 227
	293	+	inland wetlands agency shall hold a meeting at least once annually at 228
	294	+	which information is presented to the members of the agency which 229
	295	+	Raised Bill No. 7174
284	296
285	297
286		-	LCO 9 of 17
287	298
288		-	~~Sec~~. ~~8. Section 22a-42a~~ of ~~the general statutes is repealed and the 241~~
289		-	~~following is substituted in lieu thereof (Effective October 1, 2025): 242~~
290		-	~~(a)~~ The ~~inland wetlands agencies authorized in section 22a-42, as 243~~
291		-	~~amended by this act,~~ shall ~~through regulation provide for (1) the manner 244~~
292		-	~~in which~~ the ~~boundaries~~ of inland ~~wetland, [and] watercourse~~ and ~~245~~
293		-	~~riparian areas in their respective municipalities shall be established~~ and ~~246~~
294		-	~~amended or changed, (2) the form for an application~~ to ~~conduct 247~~
295		-	~~regulated activities~~, ~~(3) notice and publication requirements~~, ~~(4) criteria 248~~
296		-	~~and procedures for the review of applications,~~ ~~and (5) administration 249~~
297		-	~~and enforcement.~~ ~~250~~
298		-	~~(b) No regulations of an inland wetlands agency including 251~~
299		-	~~boundaries of inland wetland~~, ~~[and] watercourse and riparian areas 252~~
300		-	~~shall become effective~~ or ~~be established until after a public hearing~~ in ~~253~~
301		-	~~relation thereto is held by~~ the ~~inland wetlands agency.~~ ~~Any such hearing 254~~
302		-	~~shall be held in accordance with~~ the ~~provisions of section 8-7d. A copy 255~~
303		-	of such ~~proposed regulation~~ or ~~boundary shall be filed in the office of 256~~
304		-	the town~~, city or borough clerk as the case may be, in such municipality, 257~~
305		-	~~for public inspection at least ten days before such hearing, and may be 258~~
306		-	~~published in full in such paper.~~ ~~A copy of the notice and the proposed 259~~
307		-	regulations or ~~amendments thereto~~, ~~except determinations of 260~~
308		-	~~boundaries, shall be provided to the commissioner at least thirty-five~~ ~~261~~
309		-	~~days before such hearing~~. ~~Such~~ regulations ~~and inland wetland,~~ ~~[and] 262~~
310		-	~~watercourse and riparian area boundaries may be from time~~ to ~~time 263~~
311		-	~~amended~~, ~~changed~~ or ~~repealed~~, ~~by majority vote of the inland wetlands 264~~
312		-	~~agency, after a public hearing in relation thereto is held by~~ the ~~inland 265~~
313		-	~~wetlands agency,~~ in ~~accordance with the provisions of~~ section ~~8-7d~~. ~~266~~
314		-	~~Regulations or boundaries or changes therein~~ shall ~~become effective at 267~~
315		-	~~such time as is fixed by~~ the ~~inland wetlands agency, provided a copy of 268~~
316		-	~~such regulation~~, ~~boundary or change~~ shall ~~be filed in the office of the 269~~
317		-	~~town, city or borough clerk,~~ as the ~~case may be. Whenever an inland 270~~
318		-	wetlands agency ~~makes~~ a ~~change in regulations or boundaries it shall 271~~
319		-	~~state upon its records~~ the ~~reason why~~ the ~~change was made and shall 272~~
320		-	~~provide a copy of such regulation~~, ~~boundary or change to the 273~~
321		-	~~Commissioner of Energy and Environmental Protection no later than 274 Substitute~~ Bill No. 7174
	299	+	LCO No. 5667 9 of 19
	300	+
	301	+	summarizes the provisions of the training program. The commissioner 230
	302	+	shall develop such information in consultation with interested persons 231
	303	+	affected by the regulation of inland wetlands and shall provide for 232
	304	+	distribution of video presentations and related written materials which 233
	305	+	convey such information to inland wetlands agencies. In addition to 234
	306	+	such materials, the commissioner, in consultation with such persons, 235
	307	+	shall prepare materials which provide guidance to municipalities in 236
	308	+	carrying out the provisions of subsection (f) of section 22a-42a, as 237
	309	+	amended by this act. 238
	310	+	(e) Any municipality, pursuant to ordinance, may act through the 239
	311	+	board or commission authorized in subsection (c) of this section to join 240
	312	+	with any other municipalities in the formation of a district for the 241
	313	+	regulation of activities affecting the wetlands, [and] watercourses and 242
	314	+	riparian buffers within such district. Any city or borough may delegate 243
	315	+	its authority to regulate inland wetlands under this section to the town 244
	316	+	in which it is located. 245
	317	+	(f) Municipal or district ordinances or regulations may embody any 246
	318	+	regulations promulgated hereunder, in whole or in part, or may consist 247
	319	+	of other ordinances or regulations in conformity with regulations 248
	320	+	promulgated hereunder. Any ordinances or regulations shall be for the 249
	321	+	purpose of effectuating the purposes of sections 22a-36 to 22a-45, 250
	322	+	inclusive, as amended by this act, and, a municipality or district, in 251
	323	+	acting upon ordinances and regulations shall incorporate the factors set 252
	324	+	forth in section 22a-41, as amended by this act. 253
	325	+	(g) Nothing contained in this section shall be construed to limit the 254
	326	+	existing authority of a municipality or any boards or commissions of the 255
	327	+	municipality, provided the commissioner shall retain authority to act on 256
	328	+	any application filed with said commissioner prior to the establishment 257
	329	+	or designation of an inland wetlands agency by a municipality. 258
	330	+	Sec. 9. Section 22a-42a of the general statutes is repealed and the 259
	331	+	following is substituted in lieu thereof (Effective October 1, 2025): 260
	332	+	Raised Bill No. 7174
322	333
323	334
324		-	LCO 10 of 17
325	335
326		-	ten days after its adoption provided failure to submit such regulation, 275
327		-	boundary or change shall not impair the validity of such regulation, 276
328		-	boundary or change. All petitions submitted in writing and in a form 277
329		-	prescribed by the inland wetlands agency, requesting a change in the 278
330		-	regulations or the boundaries of an inland wetland, [and] watercourse 279
331		-	and riparian area shall be considered at a public hearing held in 280
332		-	accordance with the provisions of section 8-7d. The failure of the inland 281
333		-	wetlands agency to act within any time period specified in this 282
334		-	subsection, or any extension thereof, shall not be deemed to constitute 283
335		-	approval of the petition. 284
336		-	(c) (1) On and after the effective date of the municipal regulations 285
337		-	promulgated pursuant to subsection (b) of this section, no regulated 286
338		-	activity shall be conducted upon any inland wetland, [or] watercourse 287
339		-	or riparian area without a permit. Any person proposing to conduct or 288
340		-	cause to be conducted a regulated activity upon an inland wetland, [or] 289
341		-	watercourse or riparian area shall file an application with the inland 290
342		-	wetlands agency of the town or towns wherein the wetland, [or] 291
343		-	watercourse or riparian area in question is located. The application shall 292
344		-	be in such form and contain such information as the inland wetlands 293
345		-	agency may prescribe. The date of receipt of an application shall be 294
346		-	determined in accordance with the provisions of subsection (c) of 295
347		-	section 8-7d. The inland wetlands agency shall not hold a public hearing 296
348		-	on such application unless the inland wetlands agency determines that 297
349		-	the proposed activity may have a significant impact on wetlands, [or] 298
350		-	watercourses or riparian areas, a petition signed by at least twenty-five 299
351		-	persons who are eighteen years of age or older and who reside in the 300
352		-	municipality in which the regulated activity is proposed, requesting a 301
353		-	hearing is filed with the agency not later than fourteen days after the 302
354		-	date of receipt of such application, or the agency finds that a public 303
355		-	hearing regarding such application would be in the public interest. An 304
356		-	inland wetlands agency may issue a permit without a public hearing 305
357		-	provided no petition provided for in this subsection is filed with the 306
358		-	agency on or before the fourteenth day after the date of receipt of the 307
359		-	application. Such hearing shall be held in accordance with the 308 Substitute Bill No. 7174
	336	+	LCO No. 5667 10 of 19
	337	+
	338	+	(a) The inland wetlands agencies authorized in section 22a-42, as 261
	339	+	amended by this act, shall through regulation provide for (1) the manner 262
	340	+	in which the boundaries of inland wetland, [and] watercourse and 263
	341	+	riparian buffer areas in their respective municipalities shall be 264
	342	+	established and amended or changed, (2) the form for an application to 265
	343	+	conduct regulated activities, (3) notice and publication requirements, (4) 266
	344	+	criteria and procedures for the review of applications, and (5) 267
	345	+	administration and enforcement. 268
	346	+	(b) No regulations of an inland wetlands agency including 269
	347	+	boundaries of inland wetland, [and] watercourse and riparian buffer 270
	348	+	areas shall become effective or be established until after a public hearing 271
	349	+	in relation thereto is held by the inland wetlands agency. Any such 272
	350	+	hearing shall be held in accordance with the provisions of section 8-7d. 273
	351	+	A copy of such proposed regulation or boundary shall be filed in the 274
	352	+	office of the town, city or borough clerk as the case may be, in such 275
	353	+	municipality, for public inspection at least ten days before such hearing, 276
	354	+	and may be published in full in such paper. A copy of the notice and the 277
	355	+	proposed regulations or amendments thereto, except determinations of 278
	356	+	boundaries, shall be provided to the commissioner at least thirty-five 279
	357	+	days before such hearing. Such regulations and inland wetland, [and] 280
	358	+	watercourse and riparian buffer boundaries may be from time to time 281
	359	+	amended, changed or repealed, by majority vote of the inland wetlands 282
	360	+	agency, after a public hearing in relation thereto is held by the inland 283
	361	+	wetlands agency, in accordance with the provisions of section 8-7d. 284
	362	+	Regulations or boundaries or changes therein shall become effective at 285
	363	+	such time as is fixed by the inland wetlands agency, provided a copy of 286
	364	+	such regulation, boundary or change shall be filed in the office of the 287
	365	+	town, city or borough clerk, as the case may be. Whenever an inland 288
	366	+	wetlands agency makes a change in regulations or boundaries it shall 289
	367	+	state upon its records the reason why the change was made and shall 290
	368	+	provide a copy of such regulation, boundary or change to the 291
	369	+	Commissioner of Energy and Environmental Protection no later than 292
	370	+	ten days after its adoption provided failure to submit such regulation, 293
	371	+	Raised Bill No. 7174
360	372
361	373
362		-	LCO 11 of 17
363	374
364		-	provisions of section 8-7d. If the inland wetlands agency, or its agent, 309
365		-	fails to act on any application within thirty-five days after the 310
366		-	completion of a public hearing or in the absence of a public hearing 311
367		-	within sixty-five days from the date of receipt of the application, or 312
368		-	within any extension of any such period as provided in section 8-7d, the 313
369		-	applicant may file such application with the Commissioner of Energy 314
370		-	and Environmental Protection who shall review and act on such 315
371		-	application in accordance with this section. Any costs incurred by the 316
372		-	commissioner in reviewing such application for such inland wetlands 317
373		-	agency shall be paid by the municipality that established or authorized 318
374		-	the agency. Any fees that would have been paid to such municipality if 319
375		-	such application had not been filed with the commissioner shall be paid 320
376		-	to the state. The failure of the inland wetlands agency or the 321
377		-	commissioner to act within any time period specified in this subsection, 322
378		-	or any extension thereof, shall not be deemed to constitute approval of 323
379		-	the application. 324
380		-	(2) An inland wetlands agency may delegate to its duly authorized 325
381		-	agent the authority to approve or extend an activity that is not located 326
382		-	in a wetland or watercourse when such agent finds that the conduct of 327
383		-	such activity would result in no greater than a minimal impact on any 328
384		-	wetland, [or] watercourse or riparian area provided such agent has 329
385		-	completed the comprehensive training program developed by the 330
386		-	commissioner pursuant to section 22a-39, as amended by this act. 331
387		-	Notwithstanding the provisions for receipt and processing applications 332
388		-	prescribed in subdivision (1) of this subsection, such agent may approve 333
389		-	or extend such an activity at any time. Any person receiving such 334
390		-	approval from such agent shall, within ten days of the date of such 335
391		-	approval, publish, at the applicant's expense, notice of the approval in a 336
392		-	newspaper having a general circulation in the town wherein the activity 337
393		-	is located or will have an effect. Any person may appeal such decision 338
394		-	of such agent to the inland wetlands agency within fifteen days after the 339
395		-	publication date of the notice and the inland wetlands agency shall 340
396		-	consider such appeal at its next regularly scheduled meeting provided 341
397		-	such meeting is no earlier than three business days after receipt by such 342 Substitute Bill No. 7174
	375	+	LCO No. 5667 11 of 19
	376	+
	377	+	boundary or change shall not impair the validity of such regulation, 294
	378	+	boundary or change. All petitions submitted in writing and in a form 295
	379	+	prescribed by the inland wetlands agency, requesting a change in the 296
	380	+	regulations or the boundaries of an inland wetland, [and] watercourse 297
	381	+	and riparian buffer area shall be considered at a public hearing held in 298
	382	+	accordance with the provisions of section 8-7d. The failure of the inland 299
	383	+	wetlands agency to act within any time period specified in this 300
	384	+	subsection, or any extension thereof, shall not be deemed to constitute 301
	385	+	approval of the petition. 302
	386	+	(c) (1) On and after the effective date of the municipal regulations 303
	387	+	promulgated pursuant to subsection (b) of this section, no regulated 304
	388	+	activity shall be conducted upon any inland wetland, [or] watercourse 305
	389	+	or riparian buffer without a permit. Any person proposing to conduct 306
	390	+	or cause to be conducted a regulated activity upon an inland wetland, 307
	391	+	[or] watercourse or riparian buffer shall file an application with the 308
	392	+	inland wetlands agency of the town or towns wherein the wetland, [or] 309
	393	+	watercourse or riparian buffer in question is located. The application 310
	394	+	shall be in such form and contain such information as the inland 311
	395	+	wetlands agency may prescribe. The date of receipt of an application 312
	396	+	shall be determined in accordance with the provisions of subsection (c) 313
	397	+	of section 8-7d. The inland wetlands agency shall not hold a public 314
	398	+	hearing on such application unless the inland wetlands agency 315
	399	+	determines that the proposed activity may have a significant impact on 316
	400	+	wetlands, [or] watercourses or riparian buffers, a petition signed by at 317
	401	+	least twenty-five persons who are eighteen years of age or older and 318
	402	+	who reside in the municipality in which the regulated activity is 319
	403	+	proposed, requesting a hearing is filed with the agency not later than 320
	404	+	fourteen days after the date of receipt of such application, or the agency 321
	405	+	finds that a public hearing regarding such application would be in the 322
	406	+	public interest. An inland wetlands agency may issue a permit without 323
	407	+	a public hearing provided no petition provided for in this subsection is 324
	408	+	filed with the agency on or before the fourteenth day after the date of 325
	409	+	receipt of the application. Such hearing shall be held in accordance with 326
	410	+	Raised Bill No. 7174
398	411
399	412
400		-	LCO 12 of 17
401	413
402		-	agency or its agent of such appeal. The inland wetlands agency shall, at 343
403		-	its discretion, sustain, alter or reject the decision of its agent or require 344
404		-	an application for a permit in accordance with subdivision (1) of 345
405		-	subsection (c) of this section. 346
406		-	(d) (1) In granting, denying or limiting any permit for a regulated 347
407		-	activity the inland wetlands agency, or its agent, shall consider the 348
408		-	factors set forth in section 22a-41, as amended by this act, and such 349
409		-	agency, or its agent, shall state upon the record the reason for its 350
410		-	decision. In granting a permit the inland wetlands agency, or its agent, 351
411		-	may grant the application as filed or grant it upon other terms, 352
412		-	conditions, limitations or modifications of the regulated activity which 353
413		-	are designed to carry out the policy of sections 22a-36 to 22a-45, 354
414		-	inclusive, as amended by this act. Such terms may include any 355
415		-	reasonable measures which would mitigate the impacts of the regulated 356
416		-	activity and which would (A) prevent or minimize pollution or other 357
417		-	environmental damage, (B) maintain or enhance existing environmental 358
418		-	quality, or (C) in the following order of priority: Restore, enhance and 359
419		-	create productive wetland, [or] watercourse or riparian area resources. 360
420		-	Such terms may include restrictions as to the time of year in which a 361
421		-	regulated activity may be conducted, provided the inland wetlands 362
422		-	agency, or its agent, determines that such restrictions are necessary to 363
423		-	carry out the policy of sections 22a-36 to 22a-45, inclusive, as amended 364
424		-	by this act. No person shall conduct any regulated activity within an 365
425		-	inland wetland or watercourse which requires zoning or subdivision 366
426		-	approval without first having obtained a valid certificate of zoning or 367
427		-	subdivision approval, special permit, special exception or variance or 368
428		-	other documentation establishing that the proposal complies with the 369
429		-	zoning or subdivision requirements adopted by the municipality 370
430		-	pursuant to chapters 124 to 126, inclusive, or any special act. The agency 371
431		-	may suspend or revoke a permit if it finds after giving notice to the 372
432		-	permittee of the facts or conduct which warrant the intended action and 373
433		-	after a hearing at which the permittee is given an opportunity to show 374
434		-	compliance with the requirements for retention of the permit, that the 375
435		-	applicant has not complied with the conditions or limitations set forth 376 Substitute Bill No. 7174
	414	+	LCO No. 5667 12 of 19
	415	+
	416	+	the provisions of section 8-7d. If the inland wetlands agency, or its agent, 327
	417	+	fails to act on any application within thirty-five days after the 328
	418	+	completion of a public hearing or in the absence of a public hearing 329
	419	+	within sixty-five days from the date of receipt of the application, or 330
	420	+	within any extension of any such period as provided in section 8-7d, the 331
	421	+	applicant may file such application with the Commissioner of Energy 332
	422	+	and Environmental Protection who shall review and act on such 333
	423	+	application in accordance with this section. Any costs incurred by the 334
	424	+	commissioner in reviewing such application for such inland wetlands 335
	425	+	agency shall be paid by the municipality that established or authorized 336
	426	+	the agency. Any fees that would have been paid to such municipality if 337
	427	+	such application had not been filed with the commissioner shall be paid 338
	428	+	to the state. The failure of the inland wetlands agency or the 339
	429	+	commissioner to act within any time period specified in this subsection, 340
	430	+	or any extension thereof, shall not be deemed to constitute approval of 341
	431	+	the application. 342
	432	+	(2) An inland wetlands agency may delegate to its duly authorized 343
	433	+	agent the authority to approve or extend an activity that is not located 344
	434	+	in a wetland or watercourse when such agent finds that the conduct of 345
	435	+	such activity would result in no greater than a minimal impact on any 346
	436	+	wetland, [or] watercourse or riparian buffer provided such agent has 347
	437	+	completed the comprehensive training program developed by the 348
	438	+	commissioner pursuant to section 22a-39, as amended by this act. 349
	439	+	Notwithstanding the provisions for receipt and processing applications 350
	440	+	prescribed in subdivision (1) of this subsection, such agent may approve 351
	441	+	or extend such an activity at any time. Any person receiving such 352
	442	+	approval from such agent shall, within ten days of the date of such 353
	443	+	approval, publish, at the applicant's expense, notice of the approval in a 354
	444	+	newspaper having a general circulation in the town wherein the activity 355
	445	+	is located or will have an effect. Any person may appeal such decision 356
	446	+	of such agent to the inland wetlands agency within fifteen days after the 357
	447	+	publication date of the notice and the inland wetlands agency shall 358
	448	+	consider such appeal at its next regularly scheduled meeting provided 359
	449	+	Raised Bill No. 7174
436	450
437	451
438		-	LCO 13 of 17
439	452
440		-	in the permit or has exceeded the scope of the work as set forth in the 377
441		-	application. The applicant shall be notified of the agency's decision by 378
442		-	certified mail within fifteen days of the date of the decision and the 379
443		-	agency shall cause notice of their order in issuance, denial, revocation 380
444		-	or suspension of a permit to be published in a newspaper having a 381
445		-	general circulation in the town wherein the wetland or watercourse lies. 382
446		-	In any case in which such notice is not published within such fifteen-383
447		-	day period, the applicant may provide for the publication of such notice 384
448		-	within ten days thereafter. 385
449		-	(2) (A) Any permit issued under this section for the development of 386
450		-	property for which an approval is required under chapter 124, 124b, 126 387
451		-	or 126a shall (i) not take effect until each such approval, as applicable, 388
452		-	granted under such chapter has taken effect, and (ii) be valid until the 389
453		-	approval granted under such chapter expires or for ten years, whichever 390
454		-	is earlier. 391
455		-	(B) Any permit issued under this section for any activity for which an 392
456		-	approval is not required under chapter 124, 124b, 126 or 126a shall be 393
457		-	valid for not less than two years and not more than five years. Any such 394
458		-	permit shall be renewed upon request of the permit holder unless the 395
459		-	agency finds that there has been a substantial change in circumstances 396
460		-	which requires a new permit application or an enforcement action has 397
461		-	been undertaken with regard to the regulated activity for which the 398
462		-	permit was issued, provided no permit may be valid for more than ten 399
463		-	years. 400
464		-	(e) The inland wetlands agency may require a filing fee to be 401
465		-	deposited with the agency. The amount of such fee shall be sufficient to 402
466		-	cover the reasonable cost of reviewing and acting on applications and 403
467		-	petitions, including, but not limited to, the costs of certified mailings, 404
468		-	publications of notices and decisions and monitoring compliance with 405
469		-	permit conditions or agency orders. 406
470		-	(f) If a municipal inland wetlands agency regulates activities within 407
471		-	areas around wetlands, [or] watercourses or riparian areas, such 408 Substitute Bill No. 7174
	453	+	LCO No. 5667 13 of 19
	454	+
	455	+	such meeting is no earlier than three business days after receipt by such 360
	456	+	agency or its agent of such appeal. The inland wetlands agency shall, at 361
	457	+	its discretion, sustain, alter or reject the decision of its agent or require 362
	458	+	an application for a permit in accordance with subdivision (1) of 363
	459	+	subsection (c) of this section. 364
	460	+	(d) (1) In granting, denying or limiting any permit for a regulated 365
	461	+	activity the inland wetlands agency, or its agent, shall consider the 366
	462	+	factors set forth in section 22a-41, as amended by this act, and such 367
	463	+	agency, or its agent, shall state upon the record the reason for its 368
	464	+	decision. In granting a permit the inland wetlands agency, or its agent, 369
	465	+	may grant the application as filed or grant it upon other terms, 370
	466	+	conditions, limitations or modifications of the regulated activity which 371
	467	+	are designed to carry out the policy of sections 22a-36 to 22a-45, 372
	468	+	inclusive, as amended by this act. Such terms may include any 373
	469	+	reasonable measures which would mitigate the impacts of the regulated 374
	470	+	activity and which would (A) prevent or minimize pollution or other 375
	471	+	environmental damage, (B) maintain or enhance existing environmental 376
	472	+	quality, or (C) in the following order of priority: Restore, enhance and 377
	473	+	create productive wetland, [or] watercourse or riparian buffer 378
	474	+	resources. Such terms may include restrictions as to the time of year in 379
	475	+	which a regulated activity may be conducted, provided the inland 380
	476	+	wetlands agency, or its agent, determines that such restrictions are 381
	477	+	necessary to carry out the policy of sections 22a-36 to 22a-45, inclusive, 382
	478	+	as amended by this act. No person shall conduct any regulated activity 383
	479	+	within an inland wetland or watercourse which requires zoning or 384
	480	+	subdivision approval without first having obtained a valid certificate of 385
	481	+	zoning or subdivision approval, special permit, special exception or 386
	482	+	variance or other documentation establishing that the proposal 387
	483	+	complies with the zoning or subdivision requirements adopted by the 388
	484	+	municipality pursuant to chapters 124 to 126, inclusive, or any special 389
	485	+	act. The agency may suspend or revoke a permit if it finds after giving 390
	486	+	notice to the permittee of the facts or conduct which warrant the 391
	487	+	intended action and after a hearing at which the permittee is given an 392
	488	+	Raised Bill No. 7174
472	489
473	490
474		-	LCO 14 of 17
475	491
476		-	regulation shall (1) be in accordance with the provisions of the inland 409
477		-	wetlands regulations adopted by such agency related to application for, 410
478		-	and approval of, activities to be conducted in wetlands or watercourses 411
479		-	and (2) apply only to those activities which are likely to impact or affect 412
480		-	wetlands, [or] watercourses or riparian areas. 413
481		-	(g) (1) Notwithstanding the provisions of subdivision (2) of 414
482		-	subsection (d) of this section, any permit issued under this section prior 415
483		-	to July 1, 2011, that has not expired prior to July 12, 2021, shall expire 416
484		-	not less than fourteen years after the date of such approval. Any such 417
485		-	permit shall be renewed upon request of the permit holder unless the 418
486		-	agency finds that there has been a substantial change in circumstances 419
487		-	that requires a new permit application or an enforcement action has 420
488		-	been undertaken with regard to the regulated activity for which the 421
489		-	permit was issued, provided no such permit shall be valid for more than 422
490		-	nineteen years. 423
491		-	(2) Notwithstanding the provisions of subdivision (2) of subsection 424
492		-	(d) of this section, any permit issued under this section on or after July 425
493		-	1, 2011, but prior to June 10, 2021, that did not expire prior to March 10, 426
494		-	2020, shall expire not less than fourteen years after the date of such 427
495		-	approval. Any such permit shall be renewed upon request of the permit 428
496		-	holder unless the agency finds that there has been a substantial change 429
497		-	in circumstances that requires a new permit application or an 430
498		-	enforcement action has been undertaken with regard to the regulated 431
499		-	activity for which the permit was issued, provided no such permit shall 432
500		-	be valid for more than nineteen years. 433
501		-	Sec. 9. Section 22a-42f of the general statutes is repealed and the 434
502		-	following is substituted in lieu thereof (Effective October 1, 2025): 435
503		-	When an application is filed to conduct or cause to be conducted a 436
504		-	regulated activity upon an inland wetland, [or] watercourse or riparian 437
505		-	area, any portion of which is within the watershed of a water company 438
506		-	as defined in section 25-32a, the applicant shall: (1) Provide written 439
507		-	notice of the application to the water company and the Department of 440 Substitute Bill No. 7174
	492	+	LCO No. 5667 14 of 19
	493	+
	494	+	opportunity to show compliance with the requirements for retention of 393
	495	+	the permit, that the applicant has not complied with the conditions or 394
	496	+	limitations set forth in the permit or has exceeded the scope of the work 395
	497	+	as set forth in the application. The applicant shall be notified of the 396
	498	+	agency's decision by certified mail within fifteen days of the date of the 397
	499	+	decision and the agency shall cause notice of their order in issuance, 398
	500	+	denial, revocation or suspension of a permit to be published in a 399
	501	+	newspaper having a general circulation in the town wherein the 400
	502	+	wetland or watercourse lies. In any case in which such notice is not 401
	503	+	published within such fifteen-day period, the applicant may provide for 402
	504	+	the publication of such notice within ten days thereafter. 403
	505	+	(2) (A) Any permit issued under this section for the development of 404
	506	+	property for which an approval is required under chapter 124, 124b, 126 405
	507	+	or 126a shall (i) not take effect until each such approval, as applicable, 406
	508	+	granted under such chapter has taken effect, and (ii) be valid until the 407
	509	+	approval granted under such chapter expires or for ten years, whichever 408
	510	+	is earlier. 409
	511	+	(B) Any permit issued under this section for any activity for which an 410
	512	+	approval is not required under chapter 124, 124b, 126 or 126a shall be 411
	513	+	valid for not less than two years and not more than five years. Any such 412
	514	+	permit shall be renewed upon request of the permit holder unless the 413
	515	+	agency finds that there has been a substantial change in circumstances 414
	516	+	which requires a new permit application or an enforcement action has 415
	517	+	been undertaken with regard to the regulated activity for which the 416
	518	+	permit was issued, provided no permit may be valid for more than ten 417
	519	+	years. 418
	520	+	(e) The inland wetlands agency may require a filing fee to be 419
	521	+	deposited with the agency. The amount of such fee shall be sufficient to 420
	522	+	cover the reasonable cost of reviewing and acting on applications and 421
	523	+	petitions, including, but not limited to, the costs of certified mailings, 422
	524	+	publications of notices and decisions and monitoring compliance with 423
	525	+	permit conditions or agency orders. 424
	526	+	Raised Bill No. 7174
508	527
509	528
510		-	LCO 15 of 17
511	529
512		-	~~Public Health;~~ ~~and (2) determine if the project is within the watershed 441~~
513		-	~~of a water company by consulting the maps posted on said department's 442~~
514		-	~~Internet web site showing the boundaries of the watershed.~~ ~~Such 443~~
515		-	~~applicant shall send~~ such ~~notice to the water company by certified mail, 444~~
516		-	~~return receipt requested,~~ ~~and to said department by electronic mail to 445~~
517		-	~~the electronic mail address designated~~ by ~~the department on its Internet 446~~
518		-	~~web site for receipt~~ of ~~such notice.~~ ~~Such applicant shall mail such notice 447~~
519		-	~~not later than seven days after the date of the application.~~ ~~The water 448~~
520		-	~~company and the Commissioner of Public Health~~, ~~through a 449~~
521		-	~~representative, may appear and be heard at any hearing on~~ the ~~450~~
522		-	~~application. 451~~
523		-	~~Sec. 10.~~ ~~Subsection (a) of section 22a-43~~ ~~of the general statutes is 452~~
524		-	~~repealed and~~ the ~~following is substituted in lieu thereof (Effective~~ ~~October 453~~
525		-	~~1, 2025): 454~~
526		-	(a~~) The commissioner or any person aggrieved by any regulation, 455~~
527		-	~~order, decision~~ or action ~~made pursuant to sections 22a-36 to 22a-45, 456~~
528		-	~~inclusive, as amended by this act, by~~ the ~~commissioner, a district or 457~~
529		-	~~municipality or any person owning or occupying land which abuts any 458~~
530		-	~~portion of land within, or is within a radius of ninety feet of, the 459~~
531		-	~~wetland, [or] watercourse or riparian area involved in any regulation,~~ ~~460~~
532		-	~~order~~, ~~decision~~ or ~~action made pursuant to said sections may, within the 461~~
533		-	~~time specified in subsection (b) of section 8-8~~, ~~from the publication of 462~~
534		-	~~such regulation~~, ~~order, decision or action,~~ ~~appeal to~~ the ~~superior court 463~~
535		-	~~for~~ the ~~judicial district where the land affected is located, and if located 464~~
536		-	~~in more than one judicial district to~~ the ~~court in any such judicial district.~~ ~~465~~
537		-	~~Such appeal shall be made returnable to the court~~ in ~~the same manner 466~~
538		-	~~as that prescribed for civil actions brought~~ to the ~~court, except that the 467~~
539		-	~~record~~ shall ~~be transmitted to the court within the time specified in 468~~
540		-	~~subsection (i) of section 8-8~~. ~~If the inland wetlands agency or its agent 469~~
541		-	~~does not provide a transcript~~ of the ~~stenographic or~~ the ~~sound recording 470~~
542		-	~~of a meeting where the inland wetlands agency or its agent deliberates 471~~
543		-	or ~~makes~~ a ~~decision on a permit for which a public hearing was held, a 472~~
544		-	~~certified~~, ~~true and accurate transcript of a stenographic~~ or ~~sound 473~~
545		-	~~recording of the meeting prepared by or on behalf of the applicant or 474 Substitute~~ Bill No. 7174
	530	+	LCO No. 5667 15 of 19
	531	+
	532	+	(f) If a municipal inland wetlands agency regulates activities within 425
	533	+	areas around wetlands, [or] watercourses or riparian buffers, such 426
	534	+	regulation shall (1) be in accordance with the provisions of the inland 427
	535	+	wetlands regulations adopted by such agency related to application for, 428
	536	+	and approval of, activities to be conducted in wetlands or watercourses 429
	537	+	and (2) apply only to those activities which are likely to impact or affect 430
	538	+	wetlands, [or] watercourses or riparian buffers. 431
	539	+	(g) (1) Notwithstanding the provisions of subdivision (2) of 432
	540	+	subsection (d) of this section, any permit issued under this section prior 433
	541	+	to July 1, 2011, that has not expired prior to July 12, 2021, shall expire 434
	542	+	not less than fourteen years after the date of such approval. Any such 435
	543	+	permit shall be renewed upon request of the permit holder unless the 436
	544	+	agency finds that there has been a substantial change in circumstances 437
	545	+	that requires a new permit application or an enforcement action has 438
	546	+	been undertaken with regard to the regulated activity for which the 439
	547	+	permit was issued, provided no such permit shall be valid for more than 440
	548	+	nineteen years. 441
	549	+	(2) Notwithstanding the provisions of subdivision (2) of subsection 442
	550	+	(d) of this section, any permit issued under this section on or after July 443
	551	+	1, 2011, but prior to June 10, 2021, that did not expire prior to March 10, 444
	552	+	2020, shall expire not less than fourteen years after the date of such 445
	553	+	approval. Any such permit shall be renewed upon request of the permit 446
	554	+	holder unless the agency finds that there has been a substantial change 447
	555	+	in circumstances that requires a new permit application or an 448
	556	+	enforcement action has been undertaken with regard to the regulated 449
	557	+	activity for which the permit was issued, provided no such permit shall 450
	558	+	be valid for more than nineteen years. 451
	559	+	Sec. 10. Section 22a-42f of the general statutes is repealed and the 452
	560	+	following is substituted in lieu thereof (Effective October 1, 2025): 453
	561	+	When an application is filed to conduct or cause to be conducted a 454
	562	+	regulated activity upon an inland wetland, [or] watercourse or riparian 455
	563	+	Raised Bill No. 7174
546	564
547	565
548		-	LCO 16 of 17
549	566
550		-	any other party shall be admissible as part of the record. Notice of such 475
551		-	appeal shall be served upon the inland wetlands agency and the 476
552		-	commissioner, provided, for any such appeal taken on or after October 477
553		-	1, 2004, service of process for purposes of such notice to the inland 478
554		-	wetlands agency shall be made in accordance with subdivision (5) of 479
555		-	subsection (b) of section 52-57. The commissioner may appear as a party 480
556		-	to any action brought by any other person within thirty days from the 481
557		-	date such appeal is returned to the court. The appeal shall state the 482
558		-	reasons upon which it is predicated and shall not stay proceedings on 483
559		-	the regulation, order, decision or action, but the court may on 484
560		-	application and after notice grant a restraining order. Such appeal shall 485
561		-	have precedence in the order of trial. 486
562		-	Sec. 11. Section 22a-45 of the general statutes is repealed and the 487
563		-	following is substituted in lieu thereof (Effective October 1, 2025): 488
564		-	Any owner of wetlands, [and] watercourses or riparian areas who 489
565		-	may be denied a license in connection with a regulated activity affecting 490
566		-	such wetlands, [and] watercourses or riparian areas, shall upon written 491
567		-	application to the assessor, or board of assessors, of the municipality, be 492
568		-	entitled to a revaluation of such property to reflect the fair market value 493
569		-	thereof in light of the restriction placed upon it by the denial of such 494
570		-	license or permit, effective with respect to the next succeeding 495
571		-	assessment list of such municipality, provided no such revaluation shall 496
572		-	be effective retroactively and the municipality may require as a 497
573		-	condition therefor the conveyance of a less than fee interest to it of such 498
574		-	land pursuant to the provisions of sections 7-131b to 7-131k, inclusive. 499
575		-	Sec. 12. Section 26-136 of the general statutes is amended by adding 500
576		-	subsection (d) as follows (Effective October 1, 2025): 501
577		-	(NEW) (d) For any existing fishway constructed for a dam located in 502
578		-	navigable waters, as determined by the Commissioner of Energy and 503
579		-	Environmental Protection, that is not subject to the jurisdiction of the 504
580		-	Federal Energy Regulatory Commission, the commissioner shall 505
581		-	prescribe, by regulations adopted in accordance with the provisions of 506 Substitute Bill No. 7174
	567	+	LCO No. 5667 16 of 19
	568	+
	569	+	buffer, any portion of which is within the watershed of a water company 456
	570	+	as defined in section 25-32a, the applicant shall: (1) Provide written 457
	571	+	notice of the application to the water company and the Department of 458
	572	+	Public Health; and (2) determine if the project is within the watershed 459
	573	+	of a water company by consulting the maps posted on said department's 460
	574	+	Internet web site showing the boundaries of the watershed. Such 461
	575	+	applicant shall send such notice to the water company by certified mail, 462
	576	+	return receipt requested, and to said department by electronic mail to 463
	577	+	the electronic mail address designated by the department on its Internet 464
	578	+	web site for receipt of such notice. Such applicant shall mail such notice 465
	579	+	not later than seven days after the date of the application. The water 466
	580	+	company and the Commissioner of Public Health, through a 467
	581	+	representative, may appear and be heard at any hearing on the 468
	582	+	application. 469
	583	+	Sec. 11. Subsection (a) of section 22a-43 of the general statutes is 470
	584	+	repealed and the following is substituted in lieu thereof (Effective October 471
	585	+	1, 2025): 472
	586	+	(a) The commissioner or any person aggrieved by any regulation, 473
	587	+	order, decision or action made pursuant to sections 22a-36 to 22a-45, 474
	588	+	inclusive, as amended by this act, by the commissioner, a district or 475
	589	+	municipality or any person owning or occupying land which abuts any 476
	590	+	portion of land within, or is within a radius of ninety feet of, the 477
	591	+	wetland, [or] watercourse or riparian buffer involved in any regulation, 478
	592	+	order, decision or action made pursuant to said sections may, within the 479
	593	+	time specified in subsection (b) of section 8-8, from the publication of 480
	594	+	such regulation, order, decision or action, appeal to the superior court 481
	595	+	for the judicial district where the land affected is located, and if located 482
	596	+	in more than one judicial district to the court in any such judicial district. 483
	597	+	Such appeal shall be made returnable to the court in the same manner 484
	598	+	as that prescribed for civil actions brought to the court, except that the 485
	599	+	record shall be transmitted to the court within the time specified in 486
	600	+	subsection (i) of section 8-8. If the inland wetlands agency or its agent 487
	601	+	does not provide a transcript of the stenographic or the sound recording 488
	602	+	Raised Bill No. 7174
582	603
583	604
584		-	LCO 17 of 17
585	605
586		-	chapter 54 or by permit, conditions to ensure safe, timely and effective 507
587		-	fish passage and to protect aquatic habitat. Such conditions shall be 508
588		-	implemented by, and at the cost of, the owner or operator of any such 509
589		-	dam. 510
	606	+	LCO No. 5667 17 of 19
	607	+
	608	+	of a meeting where the inland wetlands agency or its agent deliberates 489
	609	+	or makes a decision on a permit for which a public hearing was held, a 490
	610	+	certified, true and accurate transcript of a stenographic or sound 491
	611	+	recording of the meeting prepared by or on behalf of the applicant or 492
	612	+	any other party shall be admissible as part of the record. Notice of such 493
	613	+	appeal shall be served upon the inland wetlands agency and the 494
	614	+	commissioner, provided, for any such appeal taken on or after October 495
	615	+	1, 2004, service of process for purposes of such notice to the inland 496
	616	+	wetlands agency shall be made in accordance with subdivision (5) of 497
	617	+	subsection (b) of section 52-57. The commissioner may appear as a party 498
	618	+	to any action brought by any other person within thirty days from the 499
	619	+	date such appeal is returned to the court. The appeal shall state the 500
	620	+	reasons upon which it is predicated and shall not stay proceedings on 501
	621	+	the regulation, order, decision or action, but the court may on 502
	622	+	application and after notice grant a restraining order. Such appeal shall 503
	623	+	have precedence in the order of trial. 504
	624	+	Sec. 12. Section 22a-45 of the general statutes is repealed and the 505
	625	+	following is substituted in lieu thereof (Effective October 1, 2025): 506
	626	+	Any owner of wetlands, [and] watercourses or riparian buffers who 507
	627	+	may be denied a license in connection with a regulated activity affecting 508
	628	+	such wetlands, [and] watercourses or riparian buffers, shall upon 509
	629	+	written application to the assessor, or board of assessors, of the 510
	630	+	municipality, be entitled to a revaluation of such property to reflect the 511
	631	+	fair market value thereof in light of the restriction placed upon it by the 512
	632	+	denial of such license or permit, effective with respect to the next 513
	633	+	succeeding assessment list of such municipality, provided no such 514
	634	+	revaluation shall be effective retroactively and the municipality may 515
	635	+	require as a condition therefor the conveyance of a less than fee interest 516
	636	+	to it of such land pursuant to the provisions of sections 7-131b to 7-131k, 517
	637	+	inclusive. 518
	638	+	Sec. 13. Section 26-136 of the general statutes is amended by adding 519
	639	+	subsection (d) as follows (Effective October 1, 2025): 520
	640	+	Raised Bill No. 7174
	641	+
	642	+
	643	+
	644	+	LCO No. 5667 18 of 19
	645	+
	646	+	(NEW) (d) For any existing fishway constructed for a dam located in 521
	647	+	navigable waters, as determined by the Commissioner of Energy and 522
	648	+	Environmental Protection, that is not subject to the jurisdiction of the 523
	649	+	Federal Energy Regulatory Commission, the commissioner shall 524
	650	+	prescribe, by regulations adopted in accordance with the provisions of 525
	651	+	chapter 54 or by permit, conditions to ensure safe, timely and effective 526
	652	+	fish passage and to protect aquatic habitat. Such conditions shall be 527
	653	+	implemented by, and at the cost of, the owner or operator of any such 528
	654	+	dam. 529
	655	+	Sec. 14. (NEW) (Effective from passage) (a) On and after January 1, 2026, 530
	656	+	each property or casualty insurance policy, including, but not limited 531
	657	+	to, any policy of a captive insurance company, for fossil fuel 532
	658	+	infrastructure that facilitates or expands the processing, exporting or 533
	659	+	transporting of oil, methane gas or coal, other than home fuel delivery 534
	660	+	vehicles, or any other infrastructure related to such activities, including, 535
	661	+	but not limited to, wells, pipelines, terminals, refineries or utility-scale 536
	662	+	generation facilities, shall be assessed a five per cent surcharge for the 537
	663	+	issuance or renewal of any such policy. 538
	664	+	(b) The Insurance Commissioner shall ensure the deposit of any such 539
	665	+	surcharge described in subsection (a) of this section to the climate 540
	666	+	resilience account established by the Commissioner of Energy and 541
	667	+	Environmental Protection. The Commissioner of Energy and 542
	668	+	Environmental Protection shall prescribe the allocation of such funds for 543
	669	+	the purpose of disseminating flood risk data to communities throughout 544
	670	+	the state, establishing a public awareness effort in those communities 545
	671	+	with a high risk of such flooding and providing grants to such 546
	672	+	communities for the construction or installation of climate resilient 547
	673	+	infrastructure that is designed to mitigate the high risk of such flooding 548
	674	+	in such communities. 549
	675	+	(c) The Commissioner of Energy and Environmental Protection, in 550
	676	+	consultation with the Insurance Commissioner, may adopt regulations, 551
	677	+	in accordance with the provisions of chapter 54 of the general statutes, 552
	678	+	Raised Bill No. 7174
	679	+
	680	+
	681	+
	682	+	LCO No. 5667 19 of 19
	683	+
	684	+	to implement the provisions of this section. 553
590	685		This act shall take effect as follows and shall amend the following
591	686		sections:
592	687
593	688		Section 1 July 1, 2025 22a-38(19)
594	689		Sec. 2 October 1, 2025 22a-38(13)
595		-	Sec. 3 October 1, 2025 22a-39(f) to (i)
596		-	Sec. 4 October 1, 2025 22a-40(a)(1) to (4)
597		-	Sec. 5 October 1, 2025 22a-40(b)
598		-	Sec. 6 October 1, 2025 22a-41
599		-	Sec. 7 October 1, 2025 22a-42
600		-	Sec. 8 October 1, 2025 22a-42a
601		-	Sec. 9 October 1, 2025 22a-42f
602		-	Sec. 10 October 1, 2025 22a-43(a)
603		-	Sec. 11 October 1, 2025 22a-45
604		-	Sec. 12 October 1, 2025 26-136(d)
	690	+	Sec. 3 July 1, 2025 New section
	691	+	Sec. 4 October 1, 2025 22a-39(f) to (i)
	692	+	Sec. 5 October 1, 2025 22a-40(a)(1) to (4)
	693	+	Sec. 6 October 1, 2025 22a-40(b)
	694	+	Sec. 7 October 1, 2025 22a-41
	695	+	Sec. 8 October 1, 2025 22a-42
	696	+	Sec. 9 October 1, 2025 22a-42a
	697	+	Sec. 10 October 1, 2025 22a-42f
	698	+	Sec. 11 October 1, 2025 22a-43(a)
	699	+	Sec. 12 October 1, 2025 22a-45
	700	+	Sec. 13 October 1, 2025 26-136(d)
	701	+	Sec. 14 from passage New section
605	702
606		-	ENV Joint Favorable Subst.
	703	+	Statement of Purpose:
	704	+	To establish protections for riparian buffer zones, protect fishways
	705	+	along certain water passages and require certain insurance surcharge
	706	+	fees for environmental measures.
	707	+
	708	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	709	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	710	+	underlined.]
607	711