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2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68c. - Powers and duties of commissioner.

The commissioner shall have the following powers and duties under sections 25-68b to 25-68h, inclusive:
(1) To coordinate, monitor and analyze the floodplain management activities of state and local agencies;
(2) To coordinate flood control projects within the state and be the sole initiator of a flood control project with a federal agency;
(3) To act as the primary contact for federal funds for floodplain management activities sponsored by the state;
(4) To regulate actions by state agencies affecting floodplains except conversion by The University of Connecticut of commercial or office structures to an educational structure;
(5) To regulate proposed state actions that impact natural or man-made storm drainage facilities located on property that the commissioner determines to be controlled by the state, including, but not limited to, programs that regulate flood flows within a floodplain and site development that increases peak runoff rates;
(6) To designate a repository for all flood data within the state;
(7) To assist municipalities and state agencies in the development of comprehensive floodplain management programs;
(8) To determine the number and location of state-owned structures and uses by the state in the floodplain and to identify measures to make such structures and uses less susceptible to flooding including flood-proofing or relocation;
(9) To mark or post the floodplains within lands owned, leased or regulated by state agencies in order to delineate past and probable flood heights and to enhance public awareness of flood hazards;
(10) To designate the base flood or base flood for a critical activity where no such base flood is designated by the National Flood Insurance Program. The commissioner may add a freeboard factor to any such designation;
(11) To require that any flood control project be designed to provide protection equal to or greater than the base flood.
(P.A. 84-536, S. 2; P.A. 95-230, S. 44, 45; P.A. 05-174, S. 2.)
History: P.A. 95-230 amended Subdiv. (4) to add exception for The University of Connecticut, effective June 7, 1995; P.A. 05-174 added new Subdiv. (5) re commissioner's power to regulate proposed state actions that impact natural or man-made storm drainage facilities located on state property and redesignated existing Subdivs. (5) to (10) as Subdivs. (6) to (11).
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68e. - Suspension.

The provisions of sections 25-68b to 25-68h, inclusive, and any regulations adopted thereunder may be suspended by the commissioner during any disaster emergency proclaimed by the Governor pursuant to section 28-9a or during an emergency declaration or major disaster declaration declared by the President of the United States under Public Law 93-288.
(P.A. 84-536, S. 4.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68f. - Floodplain designation.

Where more than one flood zone has been designated for an area, the most stringent designation shall be used in fulfilling the provisions of sections 25-68b to 25-68h, inclusive.
(P.A. 84-536, S. 5.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68h. - Regulations.

The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of sections 25-68b to 25-68h, inclusive. Such regulations shall include, but not be limited to, (1) standards for stormwater management and flood flows and (2) procedures for certification or exemption of a proposal in accordance with section 25-68d.
(P.A. 84-536, S. 7.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68i. - Guidelines for municipal ordinances re floodplains.

The Commissioner of Energy and Environmental Protection shall develop guidelines to be used by municipalities in revising ordinances restricting flood storage and conveyance of water for floodplains, as defined in section 8-2l, that are not tidally influenced. Such guidelines shall include, but not be limited to, a model ordinance that may be used by municipalities to comply with the provisions of section 8-2l. The commissioner shall make the guidelines available to the public.
(P.A. 04-144, S. 4; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68j. - Hazard mitigation and floodplain management grant program: Definitions.

As used in sections 25-68k to 25-68n, inclusive:
(1) “Eligible applicant” means any municipality or any regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive;
(2) “Hazard mitigation” means activities that include, but are not limited to, actions taken to reduce or eliminate long-term risk to human life, infrastructure and property resulting from natural hazards including, but not limited to, flooding, high winds and wildfires; and
(3) “Floodplain management” means activities that include, but are not limited to, actions taken to retain the existing capacity of designated floodplain areas to store and convey flood waters.
(P.A. 04-144, S. 8; P.A. 13-247, S. 302.)
History: P.A. 04-144 effective July 1, 2004; P.A. 13-247 amended Subdiv. (1) to redefine “eligible applicant” by deleting references to regional planning agency and regional council of elected officials and changing “government” to “governments”, effective January 1, 2015.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68l. - Awarding of grants.

(a) On and after July 1, 2005, within available appropriations, the Commissioner of Energy and Environmental Protection shall make grants to municipalities under section 25-68k.
(b) If the commissioner finds that any grant awarded pursuant to this section is being used for other purposes or to supplant a previous source of funds, the commissioner may require repayment.
(P.A. 04-144, S. 10; June Sp. Sess. P.A. 09-3, S. 483; P.A. 11-80, S. 1.)
History: June Sp. Sess. P.A. 09-3 amended Subsec. (a) to add “within available appropriations” and to delete reference to hazard mitigation and floodplain management account; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68m. - Reports re activities paid for under grant.

(a) Recipients of grants under section 25-68k shall submit a report to the Commissioner of Energy and Environmental Protection, in such form as the commissioner prescribes, not later than September first of the fiscal year following the fiscal year such grant was received. Such report shall contain a description of activities paid for with financial assistance under the grant. The chief executive officer of a municipality that receives a grant may designate the town planner, the director of public works, the police chief, the fire chief or the emergency management director of such municipality as the agent to make such report.
(b) On or before January 1, 2007, and annually thereafter, the Commissioner of Energy and Environmental Protection shall prepare a report on grants made under section 25-68k for the preceding fiscal year. Each such report shall include: (1) A description of the grants made, including the amount and purposes and the municipalities to which they were made; and (2) any findings or recommendations concerning the operation and effectiveness of the grant program.
(P.A. 04-144, S. 11; P.A. 05-288, S. 114; P.A. 11-80, S. 1.)
History: P.A. 05-288 made a technical change in Subsec. (b), effective July 13, 2005; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68n. - Regulations.

The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 25-68j to 25-68m, inclusive.
(P.A. 04-144, S. 12; P.A. 11-80, S. 1.)
History: P.A. 04-144 effective July 1, 2004; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 476a - Flood Management › Section 25-68o. - Consideration of sea level change scenarios re municipal evacuation and hazard mitigation plans. Publishing of sea level change scenarios.

(a) On and after October 1, 2019, in the preparation of any municipal evacuation plan or hazard mitigation plan, such municipality shall consider the most recent sea level change scenario updated pursuant to subsection (b) of this section.
(b) Within available resources and not less than once every ten years, the Marine Sciences Division of The University of Connecticut shall publish a sea level change scenario for the state based upon the sea level change scenarios published by the National Oceanic and Atmospheric Administration in Technical Report OAR CPO-1 and other available scientific data necessary to create a scenario applicable to the state coastline. Within available resources and not less than ninety days prior to publishing such sea level change scenario by said Marine Sciences Division, the division and the Department of Energy and Environmental Protection shall conduct not less than one public hearing concerning such update. Not later than sixty days after the last public hearing, the Commissioner of Energy and Environmental Protection shall publish the sea level change scenario for the state on the Internet web site of the Department of Energy and Environmental Protection along with a notice that any previous updates are superseded.
(P.A. 13-179, S. 6; P.A. 18-82, S. 9.)
History: P.A. 18-82 amended Subsec. (a) by replacing “October 1, 2013” with “October 1, 2019”, replacing reference to sea level change scenarios published by the National Oceanic and Atmospheric Administration with reference to most recent sea level change scenario updated pursuant to Subsec. (b), and amended Subsec. (b) by replacing provision re update of sea level change scenarios with provision re publishing sea level change scenario for the state based upon sea level change scenarios published by National Oceanic and Atmospheric Administration in technical report and other available scientific data necessary to create scenario applicable to the state coastline, adding reference to Department of Energy and Environmental Protection, adding provision re publication of sea level change scenario for the state on the Internet web site of the department with notice that previous updates are superseded, and made conforming changes, effective June 6, 2018.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-69. - Declaration of policy.

It is hereby found and declared that, because of the occurrence of severe storms accompanied by winds up to hurricane force, abnormal high tides and tide flooding, the lives and property of residents and other persons within areas exposed to such hazards are endangered, and that, in the interest of public health, safety and general welfare, it is necessary to minimize, and as far as possible to prevent loss of life, property and revenue to municipalities and the state from taxation by the construction of protective works on or near shores and beaches within such areas. As title to the land between high and low watermark is vested in the state, it is further found and declared to be in the public interest to secure such exposed areas by the most economical and effective means for safeguarding life and protecting property and, because it is uneconomical and ineffective for the general purpose for an individual landowner to attempt to maintain protective installations separated from and lacking coextension with those of abutting properties, that it is in the public interest to provide the ways and means for collective and cooperative action to alleviate the dangers and destruction common to such exposed areas. It is further found and declared that because of the recurrence of severe flooding of many of the waterways of the state and their tributaries, taking a huge toll in life and property, extensive flood protection measures must be inaugurated. It is, therefore, found and declared to be in the public interest that encroachment limits along waterways be established and any flood control features at dams and reservoirs, including municipally owned water supply dams and reservoirs, be utilized as a part of the construction and installation of any flood control project.
(1955, S. 2399d; November, 1955, S. N209; P.A. 93-324, S. 2, 4.)
History: P.A. 93-324 amended section to include municipally-owned water supply dams and reservoirs, effective July 1, 1993.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-70. - Exposed areas defined.

Land areas fronting on the ocean, or on bays, inlets and coves, or bordering on rivers in which tides occur, that are subject to the full force of storms; or land areas in direct contact with storm waves, including banks, bluffs, cliffs, promontories and headlands or similar topographical or geological formations, that are subject to erosion through wave action; or open beach areas, including spits, dunes and barrier beaches, that are subject to loss of sand through high waves, strong currents or scouring wave action; or land areas subject to inundation during storms or vulnerable to storm damage because of geographical situation, may be classed as exposed areas within the meaning of sections 25-69 to 25-75, inclusive. The limits of such areas shall be the extent of the natural configuration of the land surface not necessarily coextensive with political boundaries, and shall include privately-owned and municipally-owned properties upon which public money may be spent and public debt incurred for the protection and conservation thereof, and taxes levied to support expenditures for such purposes.
(1955, S. 2400d.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-71. - Payment by state for flood or erosion control systems.

The Commissioner of Energy and Environmental Protection is authorized to provide for the payment by the state of the total cost of any flood or erosion control system when such system is for the benefit of state parks or state-owned land. When such system is for the benefit of municipally owned littoral or riparian property or littoral or riparian property held by the municipality under lease for a term not less than twenty-five years, the commissioner is authorized to pay two-thirds of the cost of the system and the remaining one-third shall be the obligation of the local authority. If the project will benefit privately owned littoral or riparian property, the cost shall be prorated on the basis of two-thirds of the total cost to such local authority and one-third of the cost to the state. If the system involves benefit to both municipally owned or leased and private littoral or riparian property, said commissioner shall determine the extent of the financial participation of the state as well as that of the local authority on a shorefront or stream-front percentage basis for each type of property benefited.
(1955, S. 2401d; November, 1955, S. N210; 1957, P.A. 98; 364, S. 29; March, 1958, P.A. 27, S. 45, 46; 1971, P.A. 872, S. 111; P.A. 11-80, S. 1.)
History: 1971 act replaced water resources commission with commissioner of environmental protection; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-72. - Payment of costs.

(a) The cost, or part thereof, of construction of any such system or the local cash contribution required by the federal government for construction of such system may be paid in the first instance by the state from the proceeds of the issuance of bonds or notes as may be authorized from time to time, or from direct appropriations, and upon completion of such construction the local authority shall (1) reimburse the state to the extent of its share provided for in section 25-71; (2) enter into a contract with the state, acting by and through the Commissioner of Energy and Environmental Protection, for state financial assistance for such local authority's share in any beach erosion or flood control system in the form of (A) temporary or definitive loans; (B) guarantees by the state of the notes of any local authority; or (C) any combination of such forms of aid.
(b) Definitive loans made by the state under the authorization of this section (1) shall bear interest at the same rate as the interest cost to the state on the notes or bonds issued pursuant to section 25-73; (2) shall be in an amount not in excess of the cost to such local authority, including any state service charge; and (3) shall be repayable in such installments as are determined by the commission within twenty years from the date of the completion of the system. The provisions of subsection (b) of section 7-374 shall not apply to any bonds or notes issued by any municipality or district under the provisions of sections 25-69 to 25-75, inclusive, or part II of this chapter.
(1955, S. 2402d; 1957, P.A. 364, S. 30; 1969, P.A. 14, S. 1; 1971, P.A. 872, S. 112; P.A. 11-80, S. 1.)
History: 1969 act rephrased provisions of Subsec. (a) to allow payment of local cash contribution required by federal government from bond issues, to add reference to payment from direct appropriations and to delete specific reference to “bond issue provided for in section 25-73”; 1971 act replaced water resources commission with commissioner of environmental protection in Subsec. (a)(2); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-73. - State bond issue authorized.

The State Treasurer shall issue bonds and notes of the state, in accordance with the provisions of section 3-20, in the sum of five million dollars to be denominated on the face thereof “Beach Erosion and Flood Control Bonds of the State of Connecticut”, or “Beach Erosion and Flood Control Notes of the State of Connecticut”, as the case may be. Four million dollars authorized under this section shall be allocated and expended exclusively for beach erosion control, and the remaining one million dollars thus authorized shall be allocated and expended exclusively for flood control. The full faith and credit of the state is pledged for the payment of the interest on and principal of such bonds. Such bonds shall be sold at not less than par and shall be issued so as to mature at a time or times set by the State Bond Commission. The proceeds from the sale of such bonds and notes shall be used to make the loans authorized in section 25-72, and to defray the share of the state in any beach erosion or flood control system. Payment of the share of such local authority shall be made by the State Treasurer on certification of the commission in accordance with the contract of financial assistance between the state and such local authority. All payments by the local authority shall be paid to the State Treasurer. The principal of, and interest on, such bonds and notes shall first be paid from sums received from such local authorities and then from any sums received from the federal government as reimbursement under section 25-74. If, in any year, said sums are not sufficient, such deficit shall be paid from the General Fund; and if in any year said sums are more than sufficient to meet the principal of the bonds and notes maturing in such year, with interest thereon, the balance shall be applied to the payment of, and principal on, the bonds or notes maturing in any succeeding year or years. The State Treasurer is authorized to invest in direct obligations of the United States of America such moneys as he deems available for such purpose.
(1955, S. 2403d; November, 1955, S. N211; 1957, P.A. 364, S. 31; 645, S. 1; September, 1957, P.A. 16, S. 6.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-74. - Commissioner to use federal or municipal facilities. Federal funds.

The Commissioner of Energy and Environmental Protection is authorized to make arrangements for the use of the facilities and services of the federal government, the municipalities or agencies of the state for the design and construction of such systems. Any funds now available or which may hereafter be appropriated by the federal government to any local authority shall be transferred to the commissioner for the use of the state as reimbursement for the sums expended by it.
(1955, S. 2404d; 1957, P.A. 364, S. 32; 1971, P.A. 872, S. 113; P.A. 11-80, S. 1.)
History: 1971 act replaced water resources commission with environmental protection commissioner; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-75. - Payment of expenses.

Subject to the approval of the State Bond Commission, any expense incurred in connection with entering upon necessary contracts, the rehabilitation of projects constructed under section 25-72 which have been subjected to unusual and unanticipated hurricane and storm damages, and similar expenses, shall be paid from the accrued interest and premiums or from the proceeds of the sale of the bonds and notes authorized by section 25-73 and in the same manner as other obligations of the state of Connecticut.
(1955, S. 2405d; November, 1955, S. N212; 1957, P.A. 364, S. 33; 1961, P.A. 270.)
History: 1961 act included expenses concerning “rehabilitation of projects constructed under Sec. 25-72 which have been subjected to unusual and unanticipated hurricane and storm damages” as expenses to be paid from interest and premiums or proceeds of bonds and notes.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-77. - Reimbursement of state by municipalities.

Section 25-77 is repealed.
(1957, P.A. 669, S. 2; 1961, P.A. 592, S. 2; 1969, P.A. 14, S. 4.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-78. - Local contributions.

The cost of all local contributions or part thereof for the construction of any projects under the provisions of section 25-76 may be paid in the first instance by the state from the proceeds of the issuance of the bonds or notes as may be authorized from time to time, or from direct appropriation.
(1957, P.A. 669, S. 3; 1969, P.A. 14, S. 3.)
History: 1969 act referred to projects under Sec. 25-76, only where previously Secs. 25-77, 25-78 and 25-79 were also included, and replaced detailed provisions re forms of state financial assistance with general reference to bonds or notes authorized from time to time and direct appropriations.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-79. - State bond issue authorized for small flood control projects.

The State Treasurer shall issue bonds and notes of the state, in accordance with the provisions of section 3-20, in the sum of one million two hundred fifty thousand dollars, to be denominated on the face thereof “Small Flood Control Project Bonds of the State of Connecticut”, or “Small Flood Control Project Notes of the State of Connecticut”, as the case may be. The full faith and credit of the state is pledged for the payment of the interest on and principal of such bonds. Such bonds shall be sold at not less than par and shall be issued so as to mature at a time or times set by the State Bond Commission. The proceeds from the sale of such bonds and notes shall be used to defray the payments provided for in section 25-76.
(1957, P.A. 669, S. 4.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-80. - State participation in large flood control reservoir construction. Disposal of property interests.

The Commissioner of Energy and Environmental Protection is authorized to give assurances satisfactory to the Secretary of the Army as provided in Section 701c, Chapter 15, Title 33 of the United States Code Annotated that the state will (1) provide without cost to the United States all lands, easements and rights-of-way necessary for the construction of any flood control project and pay for the cost of acquisition of earthen material required for the construction of such project, (2) hold and save the United States free from damages due to the construction works, and (3) maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Army. Said commissioner, in the name of the state, may purchase land or any interest therein, or take the same by right of eminent domain in the manner provided in section 48-12 for the purposes enumerated in subdivision (1) of this section. Said commissioner, with the advice and consent of the Secretary of the Office of Policy and Management, may sell, convey or enter into agreements with persons, firms or corporations or other state agencies for the exchange of any such lands, buildings, easements, rights-of-way or any other property interest real or personal acquired in carrying out the purposes of subdivision (1) of this section for the most appropriate and efficient use and development of such lands, provided any such sale, conveyance or agreement is in no way contrary to the purposes of subdivision (1) of this section.
(1957, P.A. 663, S. 1, 2; 1961, P.A. 20; 1963, P.A. 586; 1971, P.A. 872, S. 115; P.A. 77-614, S. 19, 610; P.A. 07-217, S. 120; P.A. 11-80, S. 1.)
History: 1961 act authorized water resources commission to give assurances that state will pay cost of acquiring “earthen material” necessary for a project; 1963 act added provision re commission's powers to convey real or personal property in connection with flood control projects; 1971 act replaced water resources commission with commissioner of environmental protection and deleted reference to Sec. 48-16 re taking land by right of eminent domain; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 07-217 made technical changes, effective July 12, 2007; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-81. - State bond issue authorized for flood control projects.

The State Treasurer shall issue bonds and notes of the state, in accordance with the provisions of section 3-20, in the sum of one million seven hundred fifty thousand dollars to be denominated on the face thereof “Flood Control Project Bonds of the State of Connecticut” or “Flood Control Project Notes of the State of Connecticut”, as the case may be. The full faith and credit of the state is pledged for the payment of the interest on and principal of such bonds. Such bonds shall be sold at not less than par and shall be issued so as to mature at a time or times set by the State Bond Commission. The proceeds from the sale of such bonds and notes shall be used to defray the costs to the state required under the provisions of section 25-80.
(1957, P.A. 663, S. 3.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-82. - Payment of expenses.

Subject to the approval of the Finance Advisory Committee, any expense incurred in connection with entering upon necessary contracts, and similar expenses, shall be paid from the accrued interest and premiums or from the proceeds of the sale of the bonds and notes authorized by section 25-81, and in the same manner as other obligations of the state of Connecticut.
(1957, P.A. 663, S. 4.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-83. - Agreements to indemnify the United States.

The Governor, with the approval of the Finance Advisory Committee, is authorized to give assurances that the state will hold and save the United States free from claims or damages resulting from any project or system for the improvement of navigation of any harbor or river or for the protection of life and property against damage by floods, erosion or tidal flooding, including all claims and damages resulting from any reconstruction, repair or maintenance of any such improvement or protection project or system, and to enter into an agreement with the federal government for such purpose.
(1949 Rev., S. 4773; 1957, P.A. 14.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-83a. - Reimbursement of public service companies for relocation of facilities in connection with flood control projects.

Whenever the construction of any flood control project, including its reservoirs, for which the state has agreed to provide the necessary lands, easements and rights-of-way, requires the readjustment, relocation or removal of any public service facility, as defined in section 13a-126, located within, on, along, over or under any land comprising the right-of-way of a public highway, the Commissioner of Energy and Environmental Protection shall issue an appropriate order to the company, corporation or municipality owning or operating such facility, and such company, corporation or municipality shall readjust, relocate or remove the same promptly in accordance with such order, and the cost of such readjustment, relocation or removal, including the cost of installing and constructing a facility of equal capacity in a new location, shall be borne by the state. In establishing the cost to be borne by the state, there shall be deducted from the cost of the readjusted, relocated or removed facilities a sum based on a consideration of the value of materials salvaged from existing installations, the cost of the original installation, the life expectancy of the original facility and the unexpired term of such life use. When any facility is removed from the right-of-way of a public highway to a private right-of-way, the state shall not pay for such private right-of-way. If the commissioner and the company, corporation or municipality owning or operating such facility cannot agree upon the cost to be borne by the state, either may apply to the superior court for the judicial district within which such highway is situated, or, if said court is not in session, to any judge thereof, for a determination of the cost to be borne by the state, and said court or such judge, after causing notice of the pendency of such application to be given to the other party, shall appoint a state referee to make such determination. Such referee, having given at least ten days' notice to the parties interested of the time and place of the hearing, shall hear both parties, shall view such highway, shall take such testimony as he deems material and shall thereupon determine the amount of the cost to be borne by the state and forthwith report to the court. If the report is accepted by the court, such determination shall, subject to right of appeal as in civil actions, be conclusive upon both parties.
(1961, P.A. 595; 1971, P.A. 872, S. 116; P.A. 78-280, S. 2, 127; P.A. 11-80, S. 1.)
History: 1971 act replaced water resources commission with environmental protection commissioner; P.A. 78-280 substituted “judicial district” for “county”; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
See Sec. 22a-321 re reimbursement of public service companies for relocation of facilities.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-85. - Establishment of flood prevention, climate resilience and erosion control system. Requirements of flood prevention, climate resilience and erosion control boards.

(a) Such board shall have authority, within the limits of appropriations from time to time made by the municipality or municipalities, as applicable, to plan, lay out, acquire, construct, reconstruct, repair, maintain, supervise, operate and manage a flood prevention, climate resilience and erosion control system. As used in sections 25-84 to 25-94, inclusive, “flood prevention, climate resilience and erosion control system” means any dike, berm, dam, piping, groin, jetty, sea wall, embankment, revetment, tide-gate, water storage area, ditch, drain or other structure or facility, and any nonstructural and nature-based measure, including, but not limited to, removal, relocation or modification of existing structures, restoration and maintenance of open floodplain or other water storage area and any feasible, less environmentally damaging alternative, as defined in section 22a-92, that is useful in preventing or ameliorating damage from floods or erosion, whether caused by fresh or salt water, any dam forming a lake or pond that benefits abutting properties or any open space reserved for future accommodation or establishment of wetlands or watercourses, and shall include any easements, rights-of-way and riparian rights which may be required in furtherance of any such system.
(b) In planning for and conducting its activities, such board (1) shall consider all applicable regional and municipal hazard mitigation plans, resilience plans and identifications of vulnerable communities, as defined in subsection (a) of section 16-243y, as well as all applicable municipal plans of conservation and development adopted pursuant to section 8-23, and (2) may consult with the Connecticut Institute for Resilience and Climate Adaptation.
(1955, S. 2384d; November, 1955, S. N207; June Sp. Sess. P.A. 83-38, S. 4; P.A. 21-115, S. 5.)
History: June Sp. Sess. P.A. 83-38 provided that the definition of flood or erosion control system includes dams; P.A. 21-115 designated existing provisions as Subsec. (a) and amended same to add “, operate”, change defined term from “flood or erosion control system” to “flood prevention, climate resilience and erosion control system” and redefine same, and make technical and conforming changes, and added Subsec. (b) re planning considerations, effective July 1, 2021.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-86. - Taking of property.

Such board is authorized to enter upon and to take and hold, by purchase, condemnation or otherwise, any real property or interest therein which it determines is necessary for use in connection with the flood prevention, climate resilience and erosion control system. Whenever the board is unable to agree with the owner of any such property as to the compensation to be paid for the taking thereof, the board, in the name of the municipality, may bring condemnation proceedings in accordance with the procedure provided by part I of chapter 835 for condemnation by municipal corporations generally. In such case, the court or judge may permit immediate possession of such property by the board in accordance with the procedure provided by said chapter.
(1955, S. 2385d; P.A. 21-115, S. 6.)
History: P.A. 21-115 changed “flood or erosion control system” to “flood prevention, climate resilience and erosion control system”, effective July 1, 2021.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-87. - Bond issue authorized. Assessments.

At any time after voting to acquire, construct, reconstruct, operate or maintain any flood prevention, climate resilience and erosion control system or portion thereof, the board in its discretion may elect to defray the cost thereof by issuing bonds or other evidences of debt, from general taxation, special assessment, federal, state or private grant funds or any combination thereof or by drawing upon a municipal Climate Change and Coastal Resiliency Reserve Fund created pursuant to section 7-159d. If it elects to defray any part of such cost from special assessment, it may apportion and assess such part upon the lands and buildings in the municipality which, in its judgment, are especially benefited thereby, whether they abut on such flood prevention, climate resilience and erosion control system or not, and upon the owners of such lands and buildings, subject to the right of appeal as hereinafter provided. Such assessment may include a proportionate share of any expenses incidental to the completion of such flood prevention, climate resilience and erosion control system, such as fees and expenses of attorneys, engineers, surveyors, superintendents or inspectors, the cost of any property purchased or acquired for such work, interest on securities, the cost of preparing maps, plans and specifications, the cost to reconstruct, repair, maintain, supervise, operate and manage such system and the cost of printing, publishing or serving advertisements or notices incidental thereto. The board may divide the total territory to be benefited by any flood prevention, climate resilience and erosion control system into sections and may levy assessments against the property benefited in each section separately. In assessing benefits against the property in any section, the board may add to the cost of the part of the flood prevention, climate resilience and erosion control system located in such section a proportionate share of the cost of any part of such system located outside the section which is useful for the operation or effectiveness of that part of such system within the section and of any of the other items of cost or expense above enumerated.
(1955, S. 2386d; P.A. 21-115, S. 7.)
History: P.A. 21-115 added “, operate or maintain” re system, changed “flood or erosion control system” to “flood prevention, climate resilience and erosion control system”, added provisions re federal, state or private grant funds, re drawing upon municipal Climate Change and Coastal Resiliency and Reserve Fund and re cost to reconstruct, repair, maintain, supervise, operate and manage system and made a conforming change, effective July 1, 2021.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-88. - Method of assessment.

Whenever any assessment is made as herein provided, the amount to be raised thereby shall be apportioned among the properties benefited according to such rule as the board may adopt, based upon area, street frontage, assessed valuation of the land in the last-completed grand list of the municipality, the present or permitted use of any real property in the section, or any combination of these or other relevant factors. The board may make reasonable allowances when for any reason the particular condition or situation of any property requires such allowance. No benefits shall be assessed against any property in excess of the special benefit to accrue to such property. Assessments under this part shall be made subject to the provisions of sections 7-139 to 7-145, inclusive.
(1955, S. 2387d.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-89. - New and supplementary assessments.

If any assessment is not valid or enforceable for any reason, a new assessment may be made in the manner hereinbefore provided for the determination of the original assessment. If any assessment is made which is not sufficient to cover the entire cost of the work to be paid for by such assessment, a supplementary assessment may be made by the board against those properties previously assessed, to the end that a sum sufficient to pay the cost of such work may be obtained, provided the total of such supplementary assessment and the original assessment shall not exceed the value of the special benefit to accrue to the property against which the benefit is assessed.
(1955, S. 2388d.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-90. - Assessment due date. Notice.

Assessments shall be due and payable at such time as may be fixed by the board, provided no assessment shall become due until the work, or particular portion thereof for which such assessment was levied, has been completed. The board shall give notice of the date when such assessments are due and payable by publication at least twice within a period of fifteen days in a newspaper having a circulation in the municipality, listing the streets and describing the area within which are located the properties against which assessments are due. Such notice shall state the date when such assessments are due and payable, which date shall be more than thirty and less than sixty days after the date of the first such publication.
(1955, S. 2389d.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-91. - Installment payment of assessments.

The board may provide for the payment of such assessments in such number of substantially equal annual installments, not exceeding twenty, as it determines, and may provide for interest charges on any deferred payments. Any person who has elected to pay his assessment in more than one installment may make payment at any time in full of the whole or such part of such assessment as still remains unpaid.
(1955, S. 2390d.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-92. - Segregation and use of assessment funds.

The proceeds of such assessments, whether or not pledged for the payment of securities, shall be segregated from other funds of the municipality and shall be used only to pay for the construction, reconstruction, repair, maintenance, supervision, operation or management of the flood prevention, climate resilience and erosion control system or particular portion thereof in respect to which such assessments are made or, as the case may be, for the payment of the interest on or principal of any securities issued to pay for such system or particular portion thereof.
(1955, S. 2391d; P.A. 21-115, S. 8.)
History: P.A. 21-115 added provision re repair, maintenance, supervision, operation or management of system and changed “flood or erosion control system” to “flood prevention, climate resilience and erosion control system”, effective July 1, 2021.
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-93. - Delinquent payments.

Any assessment against benefited property not paid within thirty days of the due date shall thereupon be delinquent and shall be subject to interest from the due date at the same interest rate and in the same manner as provided by the general statutes in the case of delinquent taxes, provided, in the case of an assessment payable in installments, interest shall be computed on the entire unpaid balance of such assessment from the due date of the last installment which was paid, or from the due date of the assessment if no previous installment has been paid. Each addition of interest shall become, and be collectible as, a part of such assessment. Whenever any installment of an assessment becomes delinquent, any remaining unpaid installments of such assessment shall also become delinquent; provided, if all past due installments, together with interest and any other charges, have been paid in full, remaining installments may be paid without additional penalty, except for subsequent default, in accordance with the original installment schedule.
(1955, S. 2392d.)
2023 Connecticut General Statutes › Title 25 - Water Resources. Flood and Erosion Control › Chapter 477 - Flood Control and Beach Erosion › Section 25-94. - Agreements concerning navigation and flood prevention, climate resilience and erosion control systems.

Any flood prevention, climate resilience and erosion control board established under section 25-84, any such board or commission established by special act or any district having as one of its powers and purposes the right to construct or maintain a flood prevention, climate resilience and erosion control system under chapter 105, acting through its officers, is authorized to negotiate, cooperate and enter into agreements with (1) the United States, (2) the United States and the state of Connecticut, (3) the state of Connecticut, or (4) one or more municipalities in the state of Connecticut, in order to satisfy the conditions imposed by the United States or the state of Connecticut in authorizing any system for the improvement of navigation of any harbor or river and for constructing, reconstructing, operating or maintaining any flood prevention, climate resilience and erosion control system, provided such system shall have been approved by the Commissioner of Energy and Environmental Protection.
(1949 Rev., S. 4770; 1955, S. 2393d; 1957, P.A. 364, S. 26; 1971, P.A. 872, S. 117; P.A. 11-80, S. 1; P.A. 21-115, S. 9.)
History: 1971 act replaced water resources commission with environmental protection commissioner; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 21-115 changed “flood and erosion control board” to “flood prevention, climate resilience and erosion control board”, changed “flood and erosion control system” to “flood prevention, climate resilience and erosion control system”, added Subdiv. (4) re one or more municipalities, and changed “protection of property against damage by floods or by erosion” to “constructing, reconstructing, operating or maintaining any flood prevention, climate resilience and erosion control system”, effective July 1, 2021.