CHAPTER 444
COASTAL MANAGEMENT
Table of Contents
Sec. 22a-94. Coastal area; coastal boundary. Commissioner to prepare maps.
Sec. 22a-109. Coastal site plans. Review.
Sec. 22a-112. Financial assistance. Grants to municipalities. Contracts or grant agreements concerning coastal management.
Sec. 22a-94. Coastal area; coastal boundary. Commissioner to prepare maps.
(a) The Connecticut coastal area shall include the land and water within the area delineated by the following: The westerly, southerly and easterly limits of the state's jurisdiction in Long Island Sound; the towns of Greenwich, Stamford, Darien, Norwalk, Westport, Fairfield, Bridgeport, Stratford, Shelton, Milford, Orange, West Haven, New
Haven, Hamden, North Haven, East Haven, Branford, Guilford, Madison, Clinton, Westbrook, Deep River, Chester, Essex, Old Saybrook, Lyme, Old Lyme, East Lyme, Waterford, New London, Montville, Norwich, Preston, Ledyard, Groton and Stonington.
(b) Within the coastal area, there shall be a coastal boundary which shall be a continuous line delineated on the landward side by the interior contour elevation of the one
hundred year frequency coastal flood zone, as defined and determined by the National
Flood Insurance Act, as amended (USC 42 Section 4101, P.L. 93-234), or a one thousand
foot linear setback measured from the mean high water mark in coastal waters, or a
one thousand foot linear setback measured from the inland boundary of tidal wetlands
mapped under section 22a-20, whichever is farthest inland; and shall be delineated on
the seaward side by the seaward extent of the jurisdiction of the state.
(c) The coastal boundary as defined in subsection (b) of this section shall be shown
on maps or photographs prepared by the commissioner which supplement flood hazard
rate maps prepared by the United States Department of Housing and Urban Development
under the National Flood Insurance Act. Such maps shall be sufficiently precise to
demonstrate whether the holdings of a property owner, or portions thereof, lie within
the coastal boundary. Copies of such maps or photographs shall be filed with the commissioner and with the clerk of each coastal municipality.
(d) The maps described in subsection (c) of this section shall be promulgated not
later than July 1, 1980. Prior to final adoption of any map, the commissioner shall hold
a public hearing in accordance with the provisions of chapter 54 within the applicable
coastal town. The commissioner may use interim maps prepared on United States Geological Survey Topographic base at a scale of one to twenty-four thousand or their metric
equivalent. In preparing such interim maps, the commissioner may use any man-made
structure, natural feature, property line, preliminary flood hazard boundary maps as
prepared by the United States Department of Housing and Urban Development, or a
combination thereof which most closely approximates the landward side of the boundary. Further, the commissioner may use city or town property tax maps or aerial photographs, state tidal wetlands photographs, or similar maps of property delineation as they
are available.
(e) The commissioner may, from time to time, amend such maps described in subsection (c) of this section. Prior to the adoption of an amendment to any map, the commissioner shall hold a public hearing in the affected municipality in accordance with the
provisions of chapter 54. The commissioner shall consider for amendment changes in
the boundary petitioned by the coastal municipality, by any person owning real property
within the boundary, or by twenty-five residents of such municipality. The commissioner shall approve, deny or modify such petition within sixty days of receipt and shall
state, in writing, the reasons for his action. All amendments to the boundary shall be
consistent with subsection (b) of this section.
(f) A municipal coastal boundary may be adopted by the municipal planning commission of each coastal municipality in accordance with the notice, hearing and other
procedural requirements of section 8-24. Such boundary may be delineated by roads,
property lines or other identifiable natural or man-made features, provided such boundary shall approximate and in no event diminish the area within the coastal boundary as
defined in subsection (b) of this section and as mapped under subsection (d) of this
section. Such boundary shall be sufficiently precise to demonstrate whether the holdings
of a property owner, or portions thereof, lie within the boundary. Upon adoption, such
boundary shall be submitted to the commissioner for mapping in accordance with subsection (c) of this section. The municipal planning commission may, at its own discretion
or upon request of a property owner, amend the coastal boundary in accordance with
the procedures and criteria of this subsection.
(g) All property lying within the coastal boundary shall be subject to the regulatory,
development and planning requirements of this chapter.
(P.A. 78-152, S. 5, 11; P.A. 79-535, S. 4, 25; P.A. 05-288, S. 95.)
History: P.A. 78-152 effective July 1, 1979; P.A. 79-535 substituted "towns" for "municipalities", clarified coastal
boundary by including reference to 1,000 foot linear setback, substituting "high water mark" for "high tide" and deleting
description of specific types of environment to be included, i.e. coastal waters, submerged lands, intertidal zones, etc. in
Subsec. (b), changed deadline for maps in Subsec. (d) from "within twenty-four months of July 1, 1979", to "July 1, 1980",
added provisions in Subsec. (e) re petitions to change boundaries, and added Subsecs. (f) and (g) re adoption of boundaries
and re applicability of chapter to property within the established coastal boundary; P.A. 05-288 made technical changes
in Subsecs. (e) and (f), effective July 13, 2005.
Sec. 22a-109. Coastal site plans. Review. (a) A coastal site plan shall be filed with
the municipal zoning commission to aid in determining the conformity of a proposed
building, use, structure or shoreline flood and erosion control structure, as defined in
subsection (c) of this section, fully or partially within the coastal boundary, with the
specific provisions of the zoning regulations of the municipality and the provisions of
sections 22a-105 and 22a-106, and in the case of shoreline flood and erosion control
structures, the provisions of sections 22a-359 to 22a-363, inclusive, and any regulations
adopted thereunder. A coastal site plan required under this section may be modified or
denied if it fails to comply with the requirements already set forth in the zoning regulations of the municipality and, in addition, the coastal site plan may be modified, conditioned or denied in accordance with the procedures and criteria listed in sections 22a-105 and 22a-106. A coastal site plan for a shoreline flood and erosion control structure
may be modified, conditioned or denied if it fails to comply with the requirements,
standards and criteria of sections 22a-359 to 22a-363, inclusive, and any regulations
adopted thereunder. Review of a coastal site plan under the requirements of this section
shall supersede any review required by the municipality under subsection (g) of section
8-3 and shall be in addition to any applicable zoning regulations of any special district
exercising zoning authority under special act. The provisions of this section shall not
be construed to limit the authority of the Commissioner of Environmental Protection
under sections 22a-359 to 22a-363, inclusive.
(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. 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.
(c) For the purposes of this section, "shoreline flood and erosion control structure"
means any structure the purpose or effect of which is to control flooding or erosion from
tidal, coastal or navigable waters and includes breakwaters, bulkheads, groins, jetties,
revetments, riprap, seawalls and the placement of concrete, rocks or other significant
barriers to the flow of flood waters or the movement of sediments along the shoreline.
The term shall not include any addition, reconstruction, change or adjustment to any
walled and roofed building which is necessary for such building to comply with the
requirements of the Code of Federal Regulations, Title 44, Part 50, and any municipal
regulation adopted thereunder.
(d) A copy of each coastal site plan submitted for any shoreline flood and erosion
control structure shall be referred to the Commissioner of Environmental Protection
within fifteen days of its receipt by the zoning commission. The day of receipt shall be
determined in accordance with subsection (c) of section 8-7d. The commissioner may
comment on and make recommendations on such plans. Such comments and recommendations shall be submitted to the zoning commission within thirty-five days of the date
of receipt of the coastal site plan by the commissioner and shall be considered by the
zoning commission before final action on the plan. If the commissioner fails to comment
on a plan within the thirty-five-day period or any extension granted by the zoning commission, the zoning commission may take final action on such plan. Failure to comment
by the commissioner shall not be construed to be approval or disapproval.
(e) The zoning commission may, at its discretion, hold a hearing on a coastal site
plan required by this section. The commission shall hold a hearing on a coastal site plan
for a shoreline flood and erosion control structure upon the request of the Commissioner
of Environmental Protection.
(f) The zoning commission shall set forth the reasons for any decision to deny,
modify or condition a coastal site plan submitted under this section. A copy of any
decision shall be sent by certified mail to the person who submitted such plan within
fifteen days after such decision is rendered. A copy of any decision on a coastal site
plan for a shoreline flood and erosion control structure shall be sent to the Commissioner
of Environmental Protection within fifteen days after such decision is rendered. The
commission shall publish notice of the approval or denial of a coastal site plan, in a
newspaper having a general circulation in the municipality, not more than fifteen days
after such decision is rendered.
(g) The coastal site plan review required under this section shall be subject to the
same statutory requirements as subsections (a) and (b) of section 8-7d for the purposes of
determining the time limitations on the zoning commission in reaching a final decision.
(h) In addition to the requirements of subsection (f) of section 8-3, no building
permit or certificate of occupancy shall be issued for a building, use or structure subject
to the zoning regulations of a municipality and located fully or partially within the
coastal boundary, or for any shoreline flood and erosion control structure as defined in
subsection (c) of this section, and located fully or partially within the coastal boundary,
without certification in writing by the official charged with enforcement of such regulations that such building, use, structure or shoreline flood and erosion control structure
has been reviewed and approved in accordance with the requirements of this chapter or
is a use exempt from such review under regulations adopted by the zoning commission
in accordance with this section.
(i) A municipality by vote of its legislative body may delegate its responsibility for
coastal site plan review under this section to a special district exercising zoning authority
under special act for the area within both the coastal boundary and limits of the special
district, subject to acceptance by the special district of such responsibility following the
procedures listed in section 7-327. The municipality may revoke the delegation of such
responsibilities and the special district may also revoke acceptance of such responsibility
under this subsection at any time. Notwithstanding the provisions of this subsection,
the town of Groton shall delegate authority for coastal site plan review to the Noank
fire district.
(j) A municipal zoning commission reviewing, in accordance with this section, a
coastal site plan for a building use, structure, or shoreline flood and erosion control
structure occurring within the limits of a special district exercising zoning authority
under special act shall provide a copy of the coastal site plan to the chief elected official
of such district and shall provide an adequate opportunity for comment by such official
prior to making a final decision on the coastal site plan. A special district delegated the
responsibility for coastal site plan reviews in accordance with subsection (i) of this
section shall provide a copy of any coastal site plan submitted for its review to the
municipal zoning commission of the town in which the project is to occur and shall
provide an adequate opportunity for comment by the zoning commission prior to making
a final decision on the coastal site plan.
(P.A. 79-535, S. 15, 25; P.A. 82-250, S. 4, 6; P.A. 83-525, S. 4, 5; P.A. 87-495, S. 1; P.A. 05-288, S. 96.)
History: P.A. 82-250 amended Subsec. (b) to authorize zoning commissions to exempt from coastal site plan review
interior modifications to buildings and minor use changes in a building structure or property and to make technical corrections; P.A. 83-525 amended Subsec. (b) by limiting a zoning commission's power to exempt construction of a single-family residential structure to those structures not located on an island connected to the mainland by an existing road,
bridge or causeway and amended Subsec. (d) by requiring the commission to publish notice of the approval of a coastal
site plan; P.A. 87-495 amended Subsec. (a) by applying provisions to shoreline flood and erosion control structures, added
new Subsec. (c) defining shoreline flood and erosion control structures and new Subsec. (d) regarding review of shoreline
flood and erosion control structures and relettered the section accordingly and amended new Subsecs. (f), (h) and (j) to
apply to shoreline flood and erosion control structures; P.A. 05-288 made technical changes in Subsec. (a), effective July
13, 2005.
Sec. 22a-112. Financial assistance. Grants to municipalities. Contracts or
grant agreements concerning coastal management. (a) In order to carry out the purposes of this chapter, the commissioner shall equitably allocate any funds received for
the implementation of this chapter between coastal-related state programs, which may
include coastal research projects, and municipal coastal programs.
(b) Upon receipt by the commissioner of a written application from a coastal municipality, said commissioner shall make a grant to such municipality of not less than twenty-five hundred dollars to be used to carry out the responsibilities of such municipality
under this chapter, provided, on or after July 1, 1980, funds shall be allocated to coastal
municipalities in accordance with subsections (c) and (d) of this section.
(c) The commissioner shall provide, within available appropriations, continuing
financial assistance to coastal municipalities to carry out their responsibilities under this
chapter. Municipalities may apply annually for financial assistance in carrying out their
responsibilities for municipal coastal site plan reviews under sections 22a-105 to 22a-109, inclusive, and for the purpose of preparing and implementing municipal coastal
programs under sections 22a-101 to 22a-104, inclusive. The commissioner shall, by
regulations adopted in accordance with chapter 54, establish reasonable application
requirements consistent with federal application requirements. In reviewing municipal
applications for financial assistance the commissioner shall consider: (1) The area,
length of shorefront, population and development pressures within the municipality's
coastal boundary, (2) the nature of the municipality's coastal resources and coastal-related problems, (3) the demonstrated capacity and commitment of the municipality
to carrying out the purposes of this chapter, (4) the number of coastal site plan reviews
conducted by the municipality, (5) the availability of funds, and (6) the state plan for
conservation and development adopted pursuant to part I of chapter 297.
(d) Not less than thirty per cent of any funds received annually by the state under
Section 306 of the federal Coastal Zone Management Act shall be provided annually
to coastal municipalities for municipal coastal site plan reviews under sections 22a-105
to 22a-109, inclusive. Up to an additional twenty per cent of any funds received annually
by the state under Section 306 of the federal Coastal Zone Management Act shall as a
first priority be provided annually to assist coastal municipalities which have chosen to
prepare and implement a municipal coastal program under sections 22a-101 to 22a-104,
inclusive, provided, if in any one year the total amount of all grants to municipalities
which have agreed to adopt municipal coastal programs is less than twenty per cent of
such federal funds received in that year, the difference shall be allocated for the purposes
of this chapter in accordance with subsection (a) of this section.
(e) Any funds appropriated to the Department of Environmental Protection for the
purposes of subsection (b) of this section and for the purpose of providing matching
funds to implement a coastal management program pursuant to this chapter which are
not used for such purposes shall be allocated to coastal municipalities in accordance
with subsection (c) of this section.
(f) The legislative body of a municipality or, in the case of a municipality for which
the legislative body is a town meeting or a representative town meeting, the board of
selectmen may, by majority vote, authorize the chief executive officer to enter into
contracts or grant agreements concerning coastal management with the commissioner.
Such contracts or agreements include but are not limited to those for funding of coastal
site plan review, municipal coastal program and any other demonstration or coastal
research project funded in accordance with this section.
(P.A. 79-535, S. 6, 24, 25; P.A. 82-250, S. 5, 6; P.A. 86-336, S. 2, 19; P.A. 05-288, S. 97, 98.)
History: P.A. 82-250 added Subsec. (f) authorizing the legislative body or board of selectmen of a coastal community
to empower the chief executive officer of a coastal community to enter into contract or grant agreements with the commissioner for funding coastal site plan review, municipal coastal programs and coastal research projects; P.A. 86-336 amended
Subsec. (c) to limit provision of continuing financial assistance to coastal municipalities to "within available appropriations"; P.A. 05-288 made technical changes in Subsecs. (b) and (d), effective July 13, 2005.