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repealed and the following is substituted in lieu thereof (Effective October 7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statutes are repealed and the following is substituted in lieu thereof 16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22a-40 of the general statutes are repealed and the following is 40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