|
Wetlands, Stormwater & Other Environment and Public Health Issues
Some of the links below are for Members Only
(See also our State Legislative Summaries from 2000 to present)
See DEP's Environmental Conditions Online - for maps and geospatial data for planning, management, education & research.
Wetlands & Watercourses
UConn CLEAR (Center for Land Use Education and Research) 2006 Statewide Riparian Buffer Analysis - released Dec. 7, 2009. Comparing development cover in 100 foot and 300 foot "buffer" corridors next to all watercourses demonstrates little development has taken place near watercourses between 1985 and 2006. In other words, the current inland wetlands and watercourses act is very effective at keeping development away from watercourses. No new authority for municipal inland wetland commissions is necessary.
Article: Riparian and Wetland Buffers for Water-Quality Protection (Stormwater, the Journal for Surface Water Quality Professionals, November-December, 2009). Examines riparian buffers' impacts on water-quality and concludes, "Well-planned developments incorporating “averaged” vegetated buffers of 50 feet or less, combined with shared BMP treatment trains, may be more protective of riparian and wetland ecosystem values than the much larger buffers required by some regional and local regulations."
UConn CLEAR - 2002 Coastal Riparian Buffer Analysis.
HBACT Opposes Expansion of Powers of Local Inland Wetlands and Watercourses Agencies:
In the 2009 state legislative session, three proposed bills would have either expanded the jurisdiction of local inland wetland and watercourses commissions or throw out decades of law regarding appeals to courts from commission decisions. All are anti-property owners, anti-business and anti-housing, and none are necessary to protect wetlands or watercourses. The State Legislature's Environment Committee refuses to listen to reason and common sense by overwhelmingly passing these bills out of committee. Fortunately, the legislative process doesn't end with there and the HBA of CT successfully defeated these unworkable, poorly written and unnecessary bills. All of these bills may come back in 2010. We urge leadership to tell the Environment Committee not to pursue this legislation.
See the HBA's testimony to the Environment Committee on 2-23-09 on these bills:
HB 5820 and 5461 were combined into HB 5934, which passed the commitee along with SB 569. See the latest on these bills, and others, on our 2009 State Legislative Updates page.
Current law already clearly states that a local commission can regulate and prohibit almost any activity that is likely to adversely affect any wetland or watercourse. The legislature is considering adopting language offered by the CT Fund for the Environment (CFE), which clearly states that any regulated activity must show no adverse impact “on the area around wetlands or watercourses’ natural functions ….” This is an expansion of jurisdiction, pure and simple. Yet, CFE's testimony before the Environment Committee states that its language "does not create any new regulated areas.” This is just blatantly false.
Given that CT uses a definition of wetland that is the broadest in the nation (more than double the amount of land covered by wetlands as defined by the federal Clean Water Act), and current state law allows the prohibition of activity if there is likely to be any adverse impact to a wetland or watercourse, the expansion of jurisdiction is unwarranted and anti-property owner. This is environmental over-reaching at its worst. We urge the state legislature to not adopt these bills.
Case Law & Other Updates:
In Lord Family of Windsor v. Windsor IWWA, the CT Surpreme Court on Sept. 9, 2008, overturned the denial of a developer's application, confirming the law that local inland wetlands agencies must have evidence in the record of likely harm to a wetland to support a denial of an application. Inland Wetlands Decision  (see companion case - Special Permits for Subdivisions Over Certain Size Not Allowed - on our land use, planning & zoning page).
River Corridor Protection proposals were not enacted in 2007, 2008 or 2009; Don't let them become law in 2010 (see above).
See our support statement for HB 7040, Clarify Simultaneous Filing of P&Z and Inland Wetlands Applications - the bill was passed by the House and Senate and signed by the Governor on June 11, 2007, and became effective Oct. 1, 2007; see Public Act 07-102 . See also, Public Act 08-38, which corrected part of PA 07-102.
2004 Inland Wetlands Legislation - Confirming AvalonBay v. Wilton limitations on local inland wetland commission authority; see also the important Senate and House floor debate transcripts. See CT Supreme Court decision in Avalon Bay v. Wilton. See the well reasoned Jan. 18, 2006, trial court decision in Toll Brothers v. Bethel Inland Wetlands Commission - interpreting Avalon Bay, River Bend Associates v. Simsbury and the 2004 legislation.
Opposition Statement on Raised Bill 445 in 2004 legislative session - prior to compromise being reached in final weeks of 2004 legislative session
Stormwater Management
Federal EPA News Release (7-21-10): 3 Mass. developers and construction firms pay heavy penalty for violations of stormwater regulations
Presentations at CT Developers Council meeting, held Feb. 4, 2010: Murtha Cullina-Federal and State General Permit Requirements ; Steve Trinkaus Engineering-Stormwater Issues & LID (Low Impact Design) (20+ MB file).
Federal EPA's New Stormwater Rules are not friendly to either new home buyers or the environment (NAHB Dec. 8, 2009). Builder's Call EPA's 61-page Stormwater Survey a Bad Idea (NAHB Jan. 11, 2010).
Go to DEP's web site for its Stormwater Management resources and links, including the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control, and 2004 Connecticut Stormwater Quality Manual (see also Errata Sheet for 2004 Connecticut Stormwater Quality Manual); note also: DEP's Notice of Tentative Determination: Intent to Renew the General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities - issued August 28, 2008.
 DEP issues Notice of Tentative Determination outlining new stormwater general permit requirements (Nov. 2003). Note: Since the new general permit was adopted, the CT Developers Council has had several meetings focused on stormwater permitting regulations with attorneys, environmental consultants and DEP staff. The Stormwater General Permit is scheduled to be updated and reissued in 2008 (stay tuned here for breaking news).
Other Environment or Public Health Issues (See also Miscellaneous page for tax exemptions; and see our Build Green Connecticut © page)
Stream Flow Regulations:
HBACT opposes DEP's proposed new stream flow regulations as an unnecessary overreaction to address a minor stream flow issue affecting less than 1% of the state's fisheries. HBACT joins with the CT Water Works Association and many other organizations opposing these regulations as they will raise everyone's cost of water and severely limit economic and housing development across the state. See HBACT's testimony (1-18-2010).
Solid Waste; Soil Remediation:
DEP (11-6-08) New Solid Waste Management Regulations are coming. These regulations relate to the management of soil, sediment and construction aggregate materials (asphault, brick, concrete, etc.), and will, therefore, affect the requirements of the General Permit for the Beneficial Use of Contaminated Soil and Sediment, which is also currently under development. See summary of soil reuse general permit . And see summary of new solid waste management regulation changes (10-30-08 version)  .
Soil and Water Contamination Issues - information on the CT DEP's Remediation Program
Subsurface Sewage Disposal:
DPH - Almost one-third of CT's population is served by subsurface sewage disposal (septic systems). Find everything you wanted to know about septic systems at the agency's Environmental Engineering - Subsurface Sewage page. Scroll down to see the DPH Code Advisory links; the HBACT has two representatives on the Code Advisory Committee.
Well Water / Well Drilling
DPH & DEP - About 15% of the state's population is served by private drinking water wells. See the June 30, 2009 Report to the Legislature: Ensuring the Adequacy and Purity of Private Wells in Connecticut.
Coastal Permitting:
DEP announces a new, streamlined coastal permitting process under the Long Island Sound Program (October 2008) - effective for any new applications received on or after Nov. 3, 2008. Pre-application meetings are strongly encouraged and will help to ensure the success of your application.
Renovation & Demolition Waste:
DEP Guidance on Renovation and Demolition Waste
DEP's web site for Construction and Demolition Waste Management & Recycling
DEP's Renovation/Demolition Red Flag List for Local Officials
Lead-Paint:
See our EPA lead-paint RRP Rule resource page.
See CT Department of Public Health's notice on EPA's lead-paint rule.
Aquifer Protection:
DEP proposes new Aquifer Protection Regulations (Nov. 2003) - Approved by Regulations Review Committee at State Legislature (1/27/2004)
|
