Substitute House Bill No. 6944
          Substitute House Bill No. 6944

              PUBLIC ACT NO. 97-296


AN ACT CONCERNING  THE  REGULATION OF WATER SUPPLY
WELLS AND SPRINGS  AND THE LEGAL STATUS OF CERTAIN
NONCONFORMING LAND USES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  19a-37  of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a)  The Commissioner  of  Public  Health  may
adopt regulations in  the  Public  Health Code for
the preservation of  the  public health pertaining
to (1) protection and location of new water supply
wells or springs  for  residential construction or
for public or  semipublic  use, and (2) inspection
for compliance with  the  provisions  of municipal
regulations adopted pursuant to section 22a-354p.
    (b) The Commissioner  of  Public  Health shall
adopt regulations, in  accordance with chapter 54,
for  the  testing  of  water  quality  in  private
residential wells. Any  laboratory  or  firm which
conducts a water  quality  test  on a private well
serving a residential property, within thirty days
of the completion  of  such test, shall report the
results  of  such   test   to  the  public  health
authority of the  municipality  where the property
is  located provided  such  report  shall  not  be
required if the  party  for whom the laboratory or
firm conducted such test informs the laboratory or
firm that the  test  was  not conducted within six
months of the sale of such property. NO REGULATION
MAY REQUIRE SUCH  A  TEST  TO  BE  CONDUCTED  AS A
CONSEQUENCE OR A  CONDITION OF THE SALE, EXCHANGE,
TRANSFER, PURCHASE OR  RENTAL OF THE REAL PROPERTY
ON WHICH THE PRIVATE RESIDENTIAL WELL IS LOCATED.
    (c)  NO  REGULATION   MAY   REQUIRE   THAT   A
CERTIFICATE OF OCCUPANCY  FOR  A  DWELLING UNIT ON
SUCH RESIDENTIAL PROPERTY  BE  WITHHELD OR REVOKED
ON THE BASIS  OF A WATER QUALITY TEST PERFORMED ON
A  PRIVATE  RESIDENTIAL   WELL  PURSUANT  TO  THIS
SECTION, UNLESS SUCH  TEST  RESULTS  INDICATE THAT
ANY MAXIMUM CONTAMINANT LEVEL APPLICABLE TO PUBLIC
WATER SUPPLY SYSTEMS FOR ANY CONTAMINANT LISTED IN
THE  PUBLIC HEALTH  CODE  HAS  BEEN  EXCEEDED.  NO
ADMINISTRATIVE   AGENCY,   HEALTH    DISTRICT   OR
MUNICIPAL HEALTH OFFICER  MAY WITHHOLD OR CAUSE TO
BE WITHHELD SUCH A CERTIFICATE OF OCCUPANCY EXCEPT
AS PROVIDED IN THIS SECTION.
    (d) NO REGULATION  MAY  REQUIRE  THE  WATER IN
PRIVATE  RESIDENTIAL  WELLS   TO   BE  TESTED  FOR
ALACHLOR,  ATRAZINE, DICAMBA,  ETHYLENE  DIBROMIDE
(EDB), METOLACHLOR, SIMAZINE OR 2,4-D OR ANY OTHER
HERBICIDE OR INSECTICIDE UNLESS (1) RESULTS FROM A
PRIOR WATER TEST  INDICATE A NITRATE CONCENTRATION
AT OR GREATER  THAN  TEN  MILLIGRAMS PER LITER AND
(2) THE LOCAL  DIRECTOR  OF  HEALTH HAS REASONABLE
GROUNDS TO SUSPECT  SUCH CHEMICAL OR CHEMICALS ARE
PRESENT IN SAID RESIDENTIAL WELL. FOR THE PURPOSES
OF THIS SUBSECTION, "REASONABLE GROUNDS" INCLUDES,
BUT  IS NOT  LIMITED  TO,  THE  PROXIMITY  OF  THE
PARTICULAR WATER SUPPLY  SYSTEM TO PAST OR PRESENT
AGRICULTURAL USES OF LAND.
    (e) ANY OWNER OF A RESIDENTIAL CONSTRUCTION ON
WHICH A PRIVATE RESIDENTIAL WELL IS LOCATED OR ANY
GENERAL   CONTRACTOR   OF    A   NEW   RESIDENTIAL
CONSTRUCTION ON WHICH  A  PRIVATE RESIDENTIAL WELL
IS LOCATED MAY  COLLECT  SAMPLES OF WELL WATER FOR
SUBMISSION  TO  A   LABORATORY  OR  FIRM  FOR  THE
PURPOSES OF TESTING WATER QUALITY PURSUANT TO THIS
SECTION, PROVIDED SUCH  LABORATORY  OR  FIRM FINDS
SAID OWNER OR  GENERAL  CONTRACTOR TO BE QUALIFIED
TO COLLECT SUCH SAMPLE. NO REGULATION MAY PROHIBIT
OR IMPEDE SUCH COLLECTION OR ANALYSIS.
    (f) NO REGULATION  MAY  REQUIRE  THE  WATER IN
PRIVATE RESIDENTIAL WELLS TO BE TESTED FOR ORGANIC
CHEMICALS UNLESS THE  LOCAL DIRECTOR OF HEALTH HAS
REASONABLE  GROUNDS  TO   SUSPECT   SUCH   ORGANIC
CHEMICALS ARE PRESENT  IN  SAID  RESIDENTIAL WELL.
FOR  PURPOSES  OF   THIS  SUBSECTION,  "REASONABLE
GROUNDS"  MEANS ANY  INDICATION,  DERIVED  FROM  A
PHASE   I   ENVIRONMENTAL   SITE   ASSESSMENT   OR
OTHERWISE, THAT THE PARTICULAR WATER SUPPLY SYSTEM
THAT  IS  TO  BE  TESTED  EXISTS  ON  LAND  OR  IN
PROXIMITY TO LAND  ASSOCIATED  WITH  THE  PAST  OR
PRESENT PRODUCTION, STORAGE,  USE  OR  DISPOSAL OF
ORGANIC CHEMICALS.
    (g) THE AMENDMENTS  TO SECTIONS 19-13-B51l AND
19-13-B101 OF THE REGULATIONS OF CONNECTICUT STATE
AGENCIES THAT BECAME  EFFECTIVE DECEMBER 30, 1996,
SHALL BE WAIVED  FOR THOSE RESIDENTIAL WELLS WHICH
WERE NOT TESTED IN ACCORDANCE WITH SAID AMENDMENTS
BETWEEN DECEMBER 30,  1996, AND THE EFFECTIVE DATE
OF THIS ACT.
    Sec. 2. Section 8-2 of the general statutes is
repealed and the  following is substituted in lieu
thereof:
    (a) The zoning  commission  of each city, town
or borough is  authorized  to regulate, within the
limits of such municipality, the height, number of
stories   and  size   of   buildings   and   other
structures; the percentage  of the area of the lot
that may be  occupied;  the  size of yards, courts
and other open  spaces;  the density of population
and the location  and use of buildings, structures
and land for  trade,  industry, residence or other
purposes,   including  water-dependent   uses   as
defined in section  22a-93,  and  the height, size
and location of  advertising signs and billboards.
Such  bulk  regulations   may  allow  for  cluster
development  as  defined  in  section  8-18.  Such
zoning commission may divide the municipality into
districts of such number, shape and area as may be
best suited to  carry  out  the  purposes  of this
chapter;  and,  within   such  districts,  it  may
regulate      the     erection,      construction,
reconstruction, alteration or  use of buildings or
structures  and  the   use   of   land.  All  such
regulations shall be  uniform  for  each  class or
kind  of buildings,  structures  or  use  of  land
throughout each district,  but  the regulations in
one district may  differ  from  those  in  another
district, and may  provide that certain classes or
kinds of buildings, structures or uses of land are
permitted only after obtaining a special permit or
special  exception  from   a   zoning  commission,
planning commission, combined  planning and zoning
commission or zoning  board  of appeals, whichever
commission   or   board   the   regulations   may,
notwithstanding any special  act  to the contrary,
designate, subject to  standards  set forth in the
regulations and to conditions necessary to protect
the  public  health,   safety,   convenience   and
property values. Such regulations shall be made in
accordance  with  a   comprehensive  plan  and  in
adopting  such regulations  the  commission  shall
consider the plan  of conservation and development
prepared  under  section  8-23.  Such  regulations
shall be designed  to  lessen  congestion  in  the
streets; to secure  safety from fire, panic, flood
and  other dangers;  to  promote  health  and  the
general welfare; to  provide  adequate  light  and
air; to prevent the overcrowding of land; to avoid
undue   concentration   of   population   and   to
facilitate    the    adequate     provision    for
transportation,  water, sewerage,  schools,  parks
and other public  requirements.  Such  regulations
shall be made  with reasonable consideration as to
the character of  the  district  and  its peculiar
suitability for particular uses and with a view to
conserving the value  of buildings and encouraging
the most appropriate  use  of land throughout such
municipality. Such regulations  may, to the extent
consistent    with    soil     types,     terrain,
infrastructure   capacity   and    the   plan   of
conservation and development  for  the  community,
provide for cluster  development,  as  defined  in
section   8-18,   in   residential   zones.   Such
regulations shall also  encourage  the development
of housing opportunities,  including opportunities
for multifamily dwellings,  consistent  with  soil
types, terrain and  infrastructure  capacity,  for
all residents of the municipality and the planning
region in which  the  municipality  is located, as
designated  by the  Secretary  of  the  Office  of
Policy and Management  under  section 16a-4a. Such
regulations shall also  promote housing choice and
economic diversity in  housing,  including housing
for both low  and  moderate income households, and
shall encourage the  development  of housing which
will meet the  housing  needs  identified  in  the
housing plan prepared  pursuant  to  section 8-37t
and  in  the   housing  component  and  the  other
components of the  state  plan of conservation and
development prepared pursuant  to  section 16a-26.
Zoning regulations shall  be  made with reasonable
consideration  for their  impact  on  agriculture.
Zoning regulations may  be  made  with  reasonable
consideration  for  the   protection  of  historic
factors  and  shall   be   made   with  reasonable
consideration for the  protection  of existing and
potential public surface and ground drinking water
supplies.  On  and   after   July   1,  1985,  the
regulations shall provide that proper provision be
made  for  soil   erosion   and  sediment  control
pursuant to section  22a-329. Such regulations may
also   encourage  energy-efficient   patterns   of
development, the use  of solar and other renewable
forms  of energy,  and  energy  conservation.  The
regulations may also  provide  for  incentives for
developers   who   use    passive   solar   energy
techniques,  as  defined   in  subsection  (b)  of
section   8-25,   in    planning   a   residential
subdivision   development.  The   incentives   may
include,   but  not   be   limited   to,   cluster
development,   higher  density   development   and
performance  standards for  roads,  sidewalks  and
underground facilities in  the  subdivision.  Such
regulations may provide for a municipal system for
the  creation  of   development   rights  and  the
permanent  transfer of  such  development  rights,
which may include  a  system  for  the variance of
density  limits  in   connection   with  any  such
transfer. Such regulations  may  also  provide for
notice requirements in  addition to those required
by this chapter.  SUCH REGULATIONS MAY PROVIDE FOR
CONDITIONS ON OPERATIONS  TO  COLLECT SPRING WATER
OR WELL WATER,  AS  DEFINED  IN  SECTION  21a-150,
INCLUDING  THE TIME,  PLACE  AND  MANNER  OF  SUCH
OPERATIONS. No such regulations shall prohibit the
operation of any family day care home or group day
care home in  a residential zone. Such regulations
shall not impose  conditions  and  requirements on
manufactured  homes  having   as  their  narrowest
dimension twenty-two feet  or  more  and  built in
accordance   with   federal    manufactured   home
construction  and  safety  standards  or  on  lots
containing  such  manufactured   homes  which  are
substantially   different  from   conditions   and
requirements  imposed on  single-family  dwellings
and lots containing  single-family dwellings. Such
regulations  shall  not   impose   conditions  and
requirements on developments  to  be  occupied  by
manufactured  homes  having   as  their  narrowest
dimension twenty-two feet  or  more  and  built in
accordance   with   federal    manufactured   home
construction  and  safety   standards   which  are
substantially   different  from   conditions   and
requirements  imposed  on  multifamily  dwellings,
lots  containing  multifamily  dwellings,  cluster
developments or planned  unit  developments.  Such
regulations shall not  prohibit the continuance of
any  nonconforming  use,   building  or  structure
existing at the  time  of  the  adoption  of  such
regulations. Such regulations  shall  not  provide
for  the  termination  of  any  nonconforming  use
solely as a  result  of  nonuse  for  a  specified
period of time without regard to the intent of the
property owner to  maintain  that  use.  Any city,
town or borough  which  adopts  the  provisions of
this chapter may, by vote of its legislative body,
exempt  municipal property  from  the  regulations
prescribed by the  zoning commission of such city,
town  or  borough;  but  unless  it  is  so  voted
municipal  property  shall   be  subject  to  such
regulations.
    (b) In any  municipality that is contiguous to
Long Island Sound  the  regulations  adopted under
this  section  shall   be   made  with  reasonable
consideration for restoration  and  protection  of
the ecosystem and habitat of Long Island Sound and
shall be designed  to  reduce  hypoxia, pathogens,
toxic contaminants and  floatable  debris  in Long
Island Sound. Such  regulations shall provide that
the commission consider  the  environmental impact
on  Long  Island   Sound   of   any  proposal  for
development.
    (c)  In  any  municipality  where  a  traprock
ridge, as defined in section 8-1aa, is located the
regulations    may   provide    for    development
restrictions  in  ridgeline   setback   areas,  as
defined  in  said  section.  The  regulations  may
restrict quarrying and  clear cutting, except that
the  following  operations   and   uses  shall  be
permitted in ridgeline setback areas, as of right:
(1) Emergency work  necessary  to protect life and
property; (2) any  nonconforming uses that were in
existence and that  were approved on or before the
effective date of  regulations  adopted under this
section; and (3)  selective  timbering, grazing of
domesticated animals and passive recreation.
    Sec. 3. Section  8-13a of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) When a  building  is  so situated on a lot
that  it  violates   a   zoning  regulation  of  a
municipality which prescribes the location of such
a building in  relation  to  the boundaries of the
lot or when  a  building is situated on a lot that
violates a zoning  regulation  of  a  municipality
which prescribes the  minimum area of the lot, and
when such building  has been so situated for three
years without the  institution  of  an  action  to
enforce such regulation,  such  building  shall be
deemed a nonconforming  building  in  relation  to
such boundaries or to the area of such lot, as the
case may be.
    (b) WHEN A USE OF LAND OR BUILDING (1) IS ON A
PARCEL THAT IS  FIFTEEN  OR  MORE  ACRES,  (2)  IS
INCLUDED IN INDUSTRY  NUMBERS  1795, 2951, 3272 OR
4953  OF THE  STANDARD  INDUSTRIAL  CLASSIFICATION
MANUAL, UNITED STATES  OFFICE  OF  MANAGEMENT  AND
BUDGET, 1987 EDITION,  (3) IS NOT PERMITTED BY THE
ZONING REGULATIONS OF A MUNICIPALITY, (4) HAS BEEN
ESTABLISHED AND CONTINUED  IN  REASONABLE RELIANCE
ON THE ACTIONS  OF  THE  MUNICIPALITY, AND (5) HAS
BEEN IN EXISTENCE  FOR  TWENTY  YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS ACT WITHOUT THE INSTITUTION
OF  COURT  ACTION   TO   ENFORCE  THE  REGULATIONS
REGARDING THE USE,  SUCH  USE  SHALL  BE  DEEMED A
LEGALLY  EXISTING NONCONFORMING  USE  AND  MAY  BE
CONTINUED. NOTHING IN  THIS  SUBSECTION  SHALL  BE
CONSTRUED TO EXEMPT SUCH USE FROM THE REQUIREMENTS
OF THE GENERAL  STATUTES OR OF ANY OTHER MUNICIPAL
ORDINANCE.
    Sec. 4. This  act  shall  take effect from its
passage.

Approved July 8, 1997