Section 22a-32 - (Formerly Sec. 22-7l). Regulated activity permit. Application. Hearing. Waiver of hearing(a) No regulated activity shall be conducted upon any wetland without a permit. Any person proposing to conduct or cause to be conducted a regulated activity upon any wetland shall file an application for a permit with the commissioner, in such form and with such information as the commissioner may prescribe. Such application shall include a detailed description of the proposed work and a map showing the area of wetland directly affected, with the location of the proposed work thereon, together with the names of the owners of record of adjacent land and known claimants of water rights in or adjacent to the wetland of whom the applicant has notice. The commissioner shall cause a copy of such application to be mailed or sent by electronic means to the chief administrative officer in the town or towns where the proposed work, or any part thereof:, is located, and the chairperson of the conservation commission and shellfish commission of the town or towns where the proposed work, or any part thereof:, is located. The commissioner or the commissioner's duly designated hearing officer shall hold a public hearing on such application, provided, whenever the commissioner determines that the regulated activity for which a permit is sought is not likely to have a significant impact on the wetland, the commissioner may waive the requirement for public hearing after publishing notice, in a newspaper having general circulation in each town wherever the proposed work or any part thereof: is located, of the commissioner's intent to waive said requirement and of the commissioner's tentative decision regarding the application, except that the commissioner shall hold a hearing on such application upon request of the applicant or upon receipt of a petition, signed by at least twenty-five persons, requesting such a hearing, unless the regulated activity is a transportation capital project subject to the provisions of subdivisions (1) and (2) of subsection (b) of this section. The following shall be notified of the hearing by mail or by electronic means not less than fifteen days prior to the date set for the hearing: All of those persons and agencies who are entitled to receive a copy of such application in accordance with the terms of this subsection and all owners of record of adjacent land and known claimants to water rights in or adjacent to the wetland of whom the applicant has notice. The commissioner shall cause notice of the commissioner's tentative decision regarding the application and such hearing to be published at least once not more than thirty days and not fewer than ten days before the date set for the hearing in the newspaper having a general circulation in each town where the proposed work, or any part thereof:, is located. All applications and maps and documents relating thereto shall be open for public inspection at the office of the commissioner. At such hearing, any person or persons may appear and be heard.(b)(1) If the regulated activity is a transportation capital project and (A) such project is not located at an airport, as defined in section 15-34, (B) the federal government requires public participation regarding such regulated activity, (C) the person proposing to conduct or cause to be conducted such regulated activity sought public input on such regulated activity by implementing a plan approved by an agency of the federal government, and (D) such person submits to the commissioner a copy of the approved plan for public participation, a written summary of the opportunities for public participation that were provided and a copy or record of any comments received regarding such regulated activity and how such comments were responded to or addressed, the commissioner shall only be required to hold a public hearing on such application, upon receipt of a petition, signed by at least twenty-five persons, that alleges aggrievement or unreasonable pollution or destruction of the public trust.(2) For the purposes of subdivision (1) of this subsection, a petition alleges aggrievement or unreasonable pollution or destruction of the public trust if the petition sets forth specific facts that demonstrate that the legal rights, duties or privileges of at least one person who signed the petition will be, or may reasonably be expected to be, affected by such regulated activity, or that alleges that the regulated activity involves conduct which has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state. Any such petition shall identify the relevant statutory or regulatory provision which the petitioners claim such proposed regulated activity does not satisfy. The commissioner shall provide a copy of any such petition received to the person proposing to conduct or cause to be conducted such regulated activity, who, not more than seven business days after receipt of such petition, may object to such petition on the basis that the petition does not contain the specific factual demonstration required by this subdivision. The commissioner shall determine whether the petition satisfies the requirements of this subdivision and shall send notice of such determination, in writing, to the person proposing to conduct or cause to be conducted such regulated activity and the person who submitted the petition.(3) Nothing in this subsection shall be construed to modify or limit any requirement of sections 22a-1a to 22a-1h, inclusive, concerning a public scoping process, a public hearing or public participation.Conn. Gen. Stat. § 22a-32
(1969, P.A. 695, S. 5, 6; 1971, P.A. 872, S. 401; P.A. 73-590, S. 1, 3; P.A. 93-428 , S. 7 , 39 ; P.A. 94-154 , S. 1 ; P.A. 95-218 , S. 3 ; P.A. 10-106 , S. 3 .)
Amended by P.A. 24-0081,S. 127 of the Connecticut Acts of the 2024 Regular Session, eff. 7/1/2024.Amended by P.A. 10-0106, S. 3 of the February 2010 Regular Session, eff. 10/1/2010. Cited. 183 Conn. 532 ; 209 Conn. 544 ; 227 Conn. 175 ; 232 C. 401 . Cited. 25 Conn.App. 401 . Cited. 32 Conn.Supp. 104 ; 43 Conn.Supp. 386 .