Bill Text: CT SB00459 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Concerning Local Control Over Coastal Areas.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-04 - Senate Recommitted to Planning and Development [SB00459 Detail]
Download: Connecticut-2013-SB00459-Comm_Sub.html
General Assembly |
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January Session, 2013 |
LCO No. 4351 | ||
*04351SB00459PD_* | |||
Referred to Committee on PLANNING AND DEVELOPMENT |
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Introduced by: |
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(PD) |
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AN ACT CONCERNING LOCAL CONTROL OVER COASTAL AREAS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (b) of section 22a-109 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(b) The zoning commission may by regulation exempt any or all of the following uses from the coastal site plan review requirements of this chapter: (1) Minor additions to or modifications of existing buildings or detached accessory buildings, such as garages and utility sheds; (2) construction of new or modification of existing structures incidental to the enjoyment and maintenance of residential property including but not limited to walks, terraces, driveways, swimming pools, tennis courts, docks and detached accessory buildings; (3) construction of new or modification of existing on-premise structures including fences, walls, pedestrian walks and terraces, underground utility connections, essential electric, gas, telephone, water and sewer service lines, signs and such other minor structures as will not substantially alter the natural character of coastal resources or restrict access along the public beach; (4) construction of an individual single-family residential structure except when such structure is located on an island not connected to the mainland by an existing road bridge or causeway or except when such structure is in or within one hundred feet of the following coastal resource areas: Tidal wetlands, coastal bluffs and escarpments and beaches and dunes; (5) activities conducted for the specific purpose of conserving or preserving soil, vegetation, water, fish, shellfish, wildlife and other coastal land and water resources; (6) interior modifications to buildings; [and] (7) minor changes in use of a building, structure or property except those changes occurring on property adjacent to or abutting coastal waters; (8) construction of a deck up to ten feet waterward of the coastal jurisdiction line and any structural components, other than a foundation, used to support a residence; and (9) construction of a seawall. Gardening, grazing and the harvesting of crops shall be exempt from the requirements of this chapter. Notwithstanding the provisions of this subsection, shoreline flood and erosion control structures as defined in subsection (c) of this section shall not be exempt from the requirements of this chapter.
Sec. 2. Subdivision (1) of subsection (a) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) (1) No person, firm or corporation, public, municipal or private, shall dredge, erect any structure, place any fill, obstruction or encroachment or carry out any work incidental thereto or retain or maintain any structure, dredging or fill, in the tidal, coastal or navigable waters of the state waterward of the coastal jurisdiction line until such person, firm or corporation has submitted an application and has secured from the Commissioner of Energy and Environmental Protection a certificate or permit for such work and has agreed to carry out any conditions necessary to the implementation of such certificate or permit, except the provisions of this section shall not apply to the construction of a deck up to ten feet waterward of the coastal jurisdiction line, any structural components, other than a foundation, used to support a residence or any seawall.
(A) Except as provided in subdivision (3) of this subsection, each application for a permit, except for an emergency authorization, for any structure, filling or dredging which uses or occupies less than five thousand five hundred square feet in water surface area based on the perimeters of the project shall be accompanied by a fee equal to eighty cents per square foot provided such fee shall not be less than six hundred sixty dollars.
(B) Except as provided in subdivision (3) of this subsection, each application for a permit for any structure, filling or dredging which uses or occupies five thousand five hundred square feet or more but less than five acres in water surface area based on the perimeters of the project shall be accompanied by a fee of three thousand five hundred fifty dollars plus ten cents per square foot for each square foot in excess of five thousand five hundred square feet.
(C) Except as provided in subdivision (3) of this subsection, each application for a permit for any structure, filling or dredging which uses or occupies five or more acres in water surface area based on the perimeters of the project shall be accompanied by a fee of nineteen thousand four hundred seventy-five dollars plus five hundred twenty-five dollars per acre for each acre or part thereof in excess of five acres.
(D) Except as provided in subdivision (3) of this subsection, each application for a mooring area or multiple mooring facility, regardless of the area to be occupied by moorings, shall be accompanied by a fee of six hundred sixty dollars provided that such mooring areas or facilities shall not include fixed or floating docks, slips or berths.
(E) Application fees for aquaculture activities shall not be based on areal extent.
Sec. 3. Subsection (e) of section 22a-361 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(e) (1) No person, firm or corporation, public, municipal or private, who removes sand, gravel or other material lying waterward of the mean high water mark of the tidal, coastal or navigable waters of the state pursuant to a permit issued under this section on or after October 1, 1996, shall make any beneficial or commercial use of such sand, gravel or other material except upon payment to the state of a fee of four dollars per cubic yard of such sand, gravel and other materials. Such payment shall be made at times and under conditions specified by the commissioner in such permit. No fee shall be assessed for [(1)] (A) the performance of such activities on land which is not owned by the state, [(2)] (B) the use of sand, gravel or other materials for beach restoration projects, or [(3)] (C) ultimate disposal of such sand, gravel or other materials which does not result in an economic benefit to any person. For the purposes of this [section] subdivision, "beneficial or commercial use" includes, but is not limited to, sale or use of sand, gravel or other materials for construction, aggregate, fill or landscaping.
(2) No person, firm or corporation, public, municipal or private, who removes sand, gravel or other material lying waterward of the mean high water mark of the tidal, coastal or navigable waters shall dispose of sand, gravel or other material in a manner that does not result in an economic benefit to any person before offering such sand, gravel or other material first to municipalities and then to any district established pursuant to chapter 105 to plan, lay out, acquire, construct, reconstruct, repair, maintain, supervise and manage a flood or erosion control system. Such sand, gravel or other material shall be offered for beach restoration and shall be available (A) to municipalities for the cost of transporting such sand, gravel or other material, and (B) to districts for a reasonable fee.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2013 |
22a-109(b) |
Sec. 2 |
October 1, 2013 |
22a-361(a)(1) |
Sec. 3 |
October 1, 2013 |
22a-361(e) |
Statement of Purpose:
To authorize municipalities to exempt certain decks, structural components, other than foundations, used to support residences and seawalls from coastal site plan review; to exempt such decks, structural components and seawalls from permitting through the Department of Energy and Environmental Protection; and to require sand, gravel and other materials removed waterward of the mean high water mark of the tidal, coastal or navigable waters to be offered to municipalities and certain special taxing districts for beach restoration before being disposed of.
[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.]