Bill Text: CT HB05117 | 2010 | General Assembly | Introduced
Bill Title: An Act Concerning Conservation And Preservation Restrictions Held By The State.
Spectrum: Moderate Partisan Bill (Democrat 7-1-1)
Status: (Passed) 2010-05-26 - Signed by the Governor [HB05117 Detail]
Download: Connecticut-2010-HB05117-Introduced.html
General Assembly |
Raised Bill No. 5117 | ||
February Session, 2010 |
LCO No. 596 | ||
*00596_______ENV* | |||
Referred to Committee on Environment |
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Introduced by: |
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(ENV) |
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AN ACT CONCERNING CONSERVATION AND PRESERVATION RESTRICTIONS HELD BY THE STATE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 47-42d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) For purposes of this section, "state or local land use agency" includes, but is not limited to, a municipal planning commission, municipal zoning commission, combined municipal planning and zoning commission, a municipal zoning board of appeals, municipal inland wetlands and watercourses agency, a municipal historic district commission and any state agency that issues permits for the construction or improvement of real property.
(b) No person shall file a permit application with a state or local land use agency or a local building official or director of health, other than for interior work in an existing building or for exterior work that does not expand or alter the footprint of an existing building, relating to property that is subject to a conservation restriction or a preservation restriction unless the applicant provides proof that the applicant has provided written notice of such application, by certified mail, return receipt requested, to the party holding such restriction, including, but not limited to, any state agency that holds such restriction, not later than sixty days prior to the filing of the permit application. In lieu of such notice, the applicant may submit a letter from the holder of such restriction or from the holder's authorized agent, verifying that the application is in compliance with the terms of the restriction. If the applicant has provided written notice pursuant to this subsection, the holder of the restriction may provide proof to the state or local land use agency or local building official or director of health that granting of the permit application will violate the terms of the restriction and such agency, official or director shall not grant the permit.
(c) If the applicant fails to comply with the provisions of subsection (b) of this section, (1) the party holding the conservation or preservation restriction, other than a state agency that holds such restriction, may, not later than fifteen days after receipt of actual notice of permit approval, file an appeal with the state or local land use agency or local building official or director of health, subject to any rules of such agency, official or director relating to appeals. The agency, official or director shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction; or (2) the state agency that holds such restriction may, not later than thirty days after receipt of actual notice of permit approval, file an appeal with the state or local land use agency or local building official or director of health, subject to any rules of such state or local land use agency, official or director relating to appeals. Such state or local land use agency, official or director shall immediately reverse such permit approval if the commissioner of the state agency that holds such restriction certifies that the land use authorized in such permit violates the terms of such conservation or preservation restriction. The commissioner of the state agency that holds such restriction may impose a civil penalty of not more than: (A) Five thousand dollars for a violation of subsection (b) of this section; and (B) one thousand dollars for each day that such violation continues after the applicant receives an order from such commissioner assessing a civil penalty pursuant to subparagraph (A) of this subsection.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2010 |
47-42d |
Statement of Purpose:
To avoid the litigation of cases involving the Department of Agriculture's Farmland Preservation Program that arise when a permit is issued which authorizes a prohibited activity on land subject to a conservation or preservation restriction.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]