State Codes and Statutes

Statutes > Connecticut > Title22a > Chap446i > Sec22a-359

      Sec. 22a-359. (Formerly Sec. 25-7b). Regulation of dredging and erection of structures and placement of fill in tidal, coastal or navigable waters. Sunken or grounded vessels. (a) The Commissioner of Environmental Protection shall regulate dredging and the erection of structures and the placement of fill, and work incidental thereto, in the tidal, coastal or navigable waters of the state waterward of the high tide line. Any decisions made by the commissioner pursuant to this section shall be made with due regard for indigenous aquatic life, fish and wildlife, the prevention or alleviation of shore erosion and coastal flooding, the use and development of adjoining uplands, the improvement of coastal and inland navigation for all vessels, including small craft for recreational purposes, the use and development of adjacent lands and properties and the interests of the state, including pollution control, water quality, recreational use of public water and management of coastal resources, with proper regard for the rights and interests of all persons concerned.

      (b) After consultation with the Commissioner of Transportation, the Commissioner of Environmental Protection may consider any sunken or grounded vessel, scow, lighter or similar structure lying within the tidal, coastal or navigable waters of the state to be an encroachment subject to the provisions of this section and sections 22a-360 to 22a-363, inclusive.

      (c) As used in this section and sections 22a-360 to 22a-363, inclusive, "high tide line" means a line or mark left upon tide flats, beaches, or along shore objects that indicates the intersection of the land with the water's surface at the maximum height reached by a rising tide. The mark may be determined by (1) a line of oil or scum along shore objects, (2) a more or less continuous deposit of fine shell or debris on the foreshore or berm, (3) physical markings or characteristics, vegetation lines, tidal gauge, or (4) by any other suitable means delineating the general height reached by a rising tide. The term includes spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.

      (1963, P.A. 569, S. 1; 1971, P.A. 872, S. 57; P.A. 78-102, S. 1; P.A. 79-201; P.A. 82-191, S. 2; P.A. 87-495, S. 2.)

      History: 1971 act replaced water resources commission with commissioner of environmental protection; P.A. 78-102 authorized commissioner to regulate placement of fill, required consideration of aquatic life, fish and wildlife, coastal flooding and water quality with regard to erecting structures and placing fill in state waters; P.A. 79-201 required consideration of management of coastal resources; P.A. 82-191 added Subsec. (b) re consideration of sunken or grounded vessels or similar structures as encroachments requiring a permit; Sec. 25-7b transferred to Sec. 22a-359 in 1983; P.A. 87-495 amended Subsec. (a) to apply section to dredging and to clarify that structures and fill are regulated waterward of the high tide line and added a new Subsec. (c) defining "high tide line".

      Annotations to former section 25-7b:

      No determination of littoral rights of applicant and neighboring owners made in issuance of permits hereunder, commission only determining under police power necessary curtailment of applicant's common law littoral rights. 157 C. 528. Applications under this section and to dredge under section 25-7d (22a-361) could be heard together by the water resources commission. 159 C. 82. Standards set forth in statute are specific enough to be constitutionally sound. 161 C. 50. Applicable to power lines over or under rivers. 162 C. 89. Cited. 165 C. 224. The commission is not precluded from granting an otherwise proper application because of some prior unlicensed activity by an applicant. Id., 231. Cited. 175 C. 483.

      Cited. 29 CS 298.

      Annotation to present section:

      Cited. 215 C. 616.