Connecticut General Statutes/Title 22a/Chapter 446j/Section 22a-401

CGS § 22a-401. (Formerly Sec. 25-110). Powers and duties of commissioner.

All dams, dikes, reservoirs and other similar structures, with their appurtenances, without exception and without further definition or enumeration herein, which, by breaking away or otherwise, might endanger life or property, shall be subject to the jurisdiction conferred by this chapter. No person shall maintain a dam in a condition that might endanger life or property. The Commissioner of Energy and Environmental Protection shall formulate all rules, definitions and regulations necessary to carry out the provisions of this chapter and not inconsistent therewith. The commissioner or authorized representatives of the commissioner may enter upon private property to make such investigations and gather such data concerning dams, watersheds, sites, structures and general conditions as may be necessary in the public interest for a proper inspection, review and study of the design and construction of such structures and of the environmental impact of such structures on the inland wetlands of the state. The commissioner may, when necessary, employ or make such agreements with geologists, other engineers, expert consultants and such assistants as may be reasonably necessary to carry out the provisions of this chapter. Nothing in this section shall be construed to apply to any dam that the owner of such dam has reasonably demonstrated to the commissioner, upon the commissioner's request, presents a hazard only to the property of the owner of such dam.

Short History

(1949 Rev., S. 4728, 4729; 1957, P.A. 364, S. 16, 17; 1971, P.A. 872, S. 130; P.A. 73-571, S. 7, 9; P.A. 75-237, S. 1, 2; P.A. 11-80, S. 1; P.A. 13-197, S. 1; P.A. 24-94, S. 1.)

Long History

History: 1971 act replaced water resources commission with commissioner of environmental protection; P.A. 73-571 required commissioner to review and study environmental impact of structures on inland wetlands; P.A. 75-237 required owners of dams, dikes, etc. to notify commissioner of any transfer of ownership; Sec. 25-110 transferred to Sec. 22a-401 in 1983; 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. 13-197 deleted requirement that owners notify commissioner within 10 days of the transfer of ownership of a dam; P.A. 24-94 added provisions prohibiting maintenance of dam in a condition that presents a danger to life and property and exemption for dams that are demonstrated to commissioner to only pose a hazard to property of dam owner, effective June 4, 2024.

Citations

Annotations to former section 25-110:

Cited. 183 C. 481.

Cited. 23 CS 90.

See Also

See Sec. 13a-175j re repair of dams.

NextCGS § 22a-402. (Formerly Sec. 25-111). Inspection of dams and other structures. Repair or removal. Notification to owner. Inspection by municipal chief elected official. Inspection of hydroelectric power generating facility owned by a water company. Water company notification. Inspection reports. Exemption for dams licensed by Federal Energy Regulatory Commission. Order following investigation or civil preparedness state of emergency proclamation. Liability for costs and expenses. Civil action for cost and expense recovery.