Sec.22a-30-10. Criteria for review

(a) In accordance with section 22a-30 of the General Statutes, as amended by Public Act 79-170 and Public Act 80-356, the commissioner establishes the criteria of this section for granting, denying or limiting permits giving due regard to the impact of regulated activities on the wetlands of the state, adjoining coastal and tidal resources, navigation, recreation, erosion, sedimentation, water quality and circulation, fisheries, shellfisheries, wildlife, flooding and other natural disasters and water-dependent use opportunities as defined in chapter 444. These criteria are consistent with and implement the statutory policies and standards contained in sections 22a-28 and 22a-33 of the General Statutes and section 22a-92 of the General Statutes, as amended by Public Act 79-535. The commissioner shall grant, or grant with limitations or conditions a permit to conduct a proposed activity on any wetland only if it is determined that the application is consistent with all applicable criteria set forth herein.

(b) Criteria for preservation of wetlands and prevention of their despoliation and destruction. In order to make a determination that a proposed activity will preserve the wetlands of the state and not lead to their despoliation and destruction the commissioner shall, as applicable, find that:

(1) There is no alternative for accomplishing the applicant's objectives which is technically feasible and would further minimize adverse impacts;

(2) Any structure or fill will be no greater in length, width and height than necessary to accomplish its intended function;

(3) Pile supported construction will be used to the fullest extent practicable;

(4) All reasonable measures which would minimize the adverse impacts of the proposed activity on the wetlands of the state and adjoining coastal and tidal resources are incorporated as limitations on or conditions to the permit.

(c) Recreational and navigational uses. In order to make a determination that a proposed activity will not destroy existing or potential recreational or navigational uses, the commissioner shall, as applicable, find that:

(1) The proposed activity will not unreasonably interfere with established public rights of access to and use of wetlands, or with access to the portion of the shoreline below the mean high tide elevation that is held in public trust by the state, or with access to and use of public recreational facilities, both in operation and planned;

(2) The proposed activity will not be located in a way which unreasonably interferes with a navigable channel or small craft navigation;

(3) The proposed activity will not cause or contribute to sedimentation problems in adjacent or nearby navigable waters, navigation channels, anchorages or turning basins.

(d) Erosion and sedimentation. In order to make a determination that a proposed activity will not cause or produce unreasonable erosion or sedimentation the commissioner shall, as applicable, find that:

(1) The proposed activity will not cause significant changes in current patterns, water velocity or exposure to storm or wave conditions which result in adverse effects on erosion or sedimentation patterns;

(2) Temporary erosion control measures will be utilized on the project site both during and after construction;

(3) When permanent erosion control measures are proposed, non-structural alternatives are utilized unless structural alternatives are demonstrated to be unavoidable and necessary to protect infrastructural facilities, water-dependent uses and existing inhabited structures;

(4) Any structure or fill shall:

(A) Not cause a significant adverse impact on the movement of sediments on or along the shoreline;

(B) Not cause erosion of adjacent or downdrift areas;

(C) If necessary, include provision for the transfer of sediment to downdrift areas to prevent those areas from being deprived of sediments;

(5) The perimeter of all areas proposed to be filled, dredged or excavated are suitably stabilized to prevent spillover or erosion of material into adjoining wetland or watercourse areas;

(6) When areas are proposed to be dredged:

(A) They are laid out so as to make the best practical use of existing water depths;

(B) They are designed to avoid siltation of any existing natural or established navigation channel;

(C) The best available methods are used to reduce sedimentation.

(e) Marine fisheries, shellfisheries, and wildlife. In order to make a determination that a proposed activity will not result in significant adverse impacts on marine fisheries, shellfisheries or wildlife the commissioner shall, as applicable, find that:

(1) The existing biological productivity of any wetland will not be unreasonably affected;

(2) Habitat areas, such as habitat of rare and endangered wildlife and fish species, will not be destroyed, filled, or otherwise unreasonably affected;

(3) Wildlife and their nesting, breeding or feeding habitats will not be unreasonably reduced or altered;

(4) Erosion from the proposed activity will not result in the formation of deposits harmful to any fish, shellfish or wildlife habitat;

(5) Shellfish beds will not be adversely affected by changes in:

(A) Water circulation and depth patterns around and over the shellfish beds;

(B) Natural relief of shellfish beds;

(C) Grain size and distribution of sediment in shellfish beds;

(6) The timing of construction activities takes into consideration the movements and lifestages of fish, shellfish, and wildlife;

(7) The proposed activity will not unreasonably interfere with the harvesting or maintenance of leased, franchised or natural shellfish beds.

(f) Circulation and quality of coastal or tidal waters. In order to make a determination that a proposed activity will not result in a significant adverse impact on the circulation and quality of coastal or tidal waters the commissioner shall, as applicable, find that:

(1) The proposed activity will not cause the significant adverse alteration of patterns of tidal exchange or flushing rates, freshwater input or existing basin characteristics and channel contours;

(2) Water stagnation will be neither caused nor contributed to, and the ability of wetlands and adjacent water bodies to flush themselves will not be adversely affected;

(3) Pile-supported construction will be utilized to the fullest extent practical;

(4) The proposed activity will not result in water pollution which unduly affects:

(A) The bottom fauna;

(B) The physical or chemical nature of the bottom;

(C) The propagation and habitats of shellfish, finfish and wildlife.

(g) Protection of life and property from hurricanes or natural disaster. In order to make a determination that a proposed activity is consistent with the need to protect life and property from hurricanes or other natural disasters, including flooding, the commissioner shall, as applicable, find that:

(1) The proposed activity will not increase the potential for flood or hurricane damage on adjacent or adjoining properties;

(2) The proposed activity will not increase the exposure of any property, land or structures to damage from storm waves and erosion produced thereby;

(3) The proposed activity will not result in significant increase in the velocity or volume of flood water flow both in streams and estuaries;

(4) The proposed activity will not significantly reduce the capacity of any stream, river, creek or other water course to transmit flood waters generated by hurricanes or other storm events and will not result in significantly increased flooding either up or downstream of its location.

(h) Criteria for water dependent use of tidal wetlands. In order to make a determination that a proposed activity within the coastal boundary, as defined and mapped in accordance with section 22a-94 of the General Statutes as amended by section 4 of Public Act 79-535, is consistent with the state policy that water-dependent uses of the shorefront be given highest priority and preference, the commissioner shall, as applicable, find that:

(1) When the proposed activity is not a water-dependent use:

(A) The wetland is unsuitable for or incapable of supporting a water-dependent use;

(B) There is little or no demonstrable demand for water-dependent uses suitable for or capable of being supported by the wetland;

(C) A non-water-dependent use has substantially fewer adverse impacts than all water-dependent uses suitable for or capable of being supported by the wetland;

(2) All reasonable measures which would minimize adverse impacts on future water-dependent uses are incorporated as limitations on or conditions to the permit;

(3) The proposed activity will not unreasonably interfere with the riparian rights of adjacent landowners or claimants of water or shellfish rights in or adjacent to the wetland.

(i) Special standards for the placement of sewer or water services. The commissioner shall disapprove extension of sewer and water services into tidal wetlands located within the coastal boundary, defined in section 22a-94 of the General Statutes as amended by section 4 of Public Act 79-535, except that, when necessary to abate existing sources of pollution, sewers that will accommodate existing uses with limited excess capacity may be used.

(j) Special standards for the siting or expansion of airports. The commissioner shall disallow the construction of major new airports and shall discourage the substantial expansion of existing airports on any wetland located within the coastal boundary defined by section 22a-94 of the General Statutes as amended by section 4 of Public Act 79-535. Further, he shall require that any expansion or improvement of airports involving regulated activities within any wetland located within said coastal boundary shall minimize adverse impacts on the wetland or other coastal resources, recreation or access.

(Effective August 11, 1980)