Riverfront Protection Legislation Allows Local Inland Wetland Commissions
to Make Privately Owned Upland OFF LIMITS To Land Owners
Up To 100' On Both Sides of All "Rivers" -
The amended bill passed by the Environment Committee removed the broad definition of "rivers"
that included intermittent water flows, but without any definition now it is unclear what "rivers" means.

This legislation (SB 362) will allow local wetlands commissions to prevent virtually all human activity, including lawns, landscaping, sheds, decks, even swing sets in this new 200 foot upland corridor.  The bill's advocates have admitted this is the possible result. 

Inexplicably, farming is allowed right up to a river's edge, despite vast amounts of nitrogen runoff that can be produced by farms. 
Also, activity right next to lakes and ponds would be allowed because the advocates admit lake and pond owners would be too upset. 

If you doubt this bill would prohibit virtually all activity in this new 200' upland corridor, read on:  The riverfront area that is the subject of the bill is made equivalent to actual wetlands and watercourses under current law.  It would be a third protected resource – again on par with the other two protected resource areas.  Ask yourself how “off limits” are wetlands and watercourses themselves under current law?  Most local wetland commissions treat wetlands and watercourses as "off limits," even though, legally, activity is just "subject to regulation" and technically could be permitted even within a wetland or watercourse.  But virtually all human activity directly in wetlands or watercourses is not permitted by local wetland agencies.  This legislation authorizes the same treatment for the 200' riverfront upland area.

Read the HBACT testimony on this bill.

See talking points on why this bill should not be adopted at
SB 362, AAC Riverfront Protection (2 pgs)

See the watercourse maps for your town by following the instructions below. 
Also see below how rivers are classified by DEP. 

Please don’t let this huge expansion of regulatory jurisdiction for local wetlands and watercourses commissions become law.
How much property value (and property taxes) will be lost from this over-regulation?

Check out the surface water quality classifications in your town:

Follow the directions below when you go to the Community Resource Inventory Online at:  http://clear.uconn.edu/projects/cri/cri_online/00a_start.asp (a new browser window should open, keeping the directions below in your current window). 

Directions:  When you get to the Community Resource Inventory Online (link above):
First, under "Map Sets" on the left, click on "Water Quality" under "5. Water Resources."  A map of the first town in alpha order will appear. 
Then, choose your town below the map and click Go to the right of the town drop down box.  A map of the surface water classifications in your town will be shown. 
In most towns, almost all the blue watercourses shown will be class AA and A surface watercourses.  Under SB 362, all regulated activity will have to prove no adverse impact to 100' of UPLAND on both sides of rivers, streams, brooks and intermittent water flows in addition to the current law requirement of proving no adverse impact to the watercourse itself.  This huge expansion of jurisidiction is unwarranted. 

See an example of the online maps for Milford, Guilford, Fairfield and New Milford  (large .pdf file of 4 color maps; may take a few moments to download),  Shown on these maps are just the mapped watercourses (blue, yellow and red) (major highways and roads also shown in red).  Intermittent watercourses are not mapped but will be covered by the legislation.  To see maps of other towns, follow the directions immediately above.

For more information on Water Quality Classifications, see the following from DEP's web site:

Water Quality Classifications

Classifications are shown on water quality classification maps. In cases where the actual quality of groundwater does not meet the assigned classifications criteria, the water quality classification maps reflect that fact by means of color coding or a split designation on older maps, such as GA/GB, indicating that the existing groundwater quality in the subject area may be GB quality but the goal is the higher GA criteria.

Significantly, over 90% of the State is classified at the highest levels of protection, as suitable for drinking without treatment. A little more than 6% of the land area is classified as GB, indicating historically urbanized areas. A very small area of the State is classified as GC, having demonstrated hydrogeologic characteristics suited for waste disposal.

Inland surface water classifications.

Class AA

Designated uses: existing or proposed drinking water supply, fish and wildlife habitat, recreational use (may be restricted,) agricultural and industrial supply.
Discharge restricted to: discharges from public or private drinking water treatment systems, dredging and dewatering, emergency and clean water discharges.

Class A

Designated uses: potential drinking water supply; fish and wildlife habitat; recreational use; agricultural and industrial supply and other legitimate uses including navigation.
Discharge restricted to: same as allowed in AA.

Class B

Designated uses: recreational use: fish and wildlife habitat; agricultural and industrial supply and other legitimate uses including navigation.
Discharge restricted to: same as allowed in A and cooling waters, discharges from industrial and municipal wastewater treatment facilities (providing Best Available Treatment and Best Management Practices are applied), and other discharges subject to the provisions of section 22a-430 CGS.

Class C

Indicates unacceptable quality, the goal is Class B or Class A. Designated uses: same as for B. One or more of the class B uses is not fully supported due to problems that can and will be corrected by normal DEP programs. A good example is the intermittent water quality problems caused by combined sewer overflows.
Discharges restricted to: same as for Classes B or A .

Class D

Indicates unacceptable quality, the goal is Class B or Class A. Designated uses: same as for B. One or more of the designated uses for class B is not fully supported due to an intractable or very difficult pollution problem. An example is the PCB contaminated bottom sediments in the Housatonic River
Discharges restricted to: same as for Classes B or A.

Coastal and Marine Surface Waters.

Class SA

Designated uses: marine fish, shellfish and wildlife habitat, shell fish harvesting for direct human consumption, recreation and all other legitimate uses including navigation.
Discharge restricted to: same as for AA or A surface waters.

Class SB

Designated uses: marine fish, shellfish and wildlife habitat, shellfish harvesting for transfer to approved areas for purification prior to human consumption, recreation, industrial and other legitimate uses including navigation.
Discharge restricted to: same as for B surface waters.

Classes SC or SD

Indicates unacceptable quality, the goal is Class SB or Class SA. Designated uses: same as for Classes C or D surface waters.
Discharge restricted to: same as for Classes C or D surface waters

Groundwater Classifications.

Class GAA

Designated uses: existing or potential public supply of water suitable for drinking without treatment; baseflow for hydraulically connected surface water bodies.
Discharges limited to: treated domestic sewage, certain agricultural wastes, certain water treatment wastewaters.

Class GA

Designated uses: existing private and potential public or private supplies of water suitable for drinking without treatment; baseflow for hydraulically connected surface water bodies.
Discharge restricted to: as for GAA and discharge from septage treatment facilities subject to stringent treatment and discharge requirements, and other wastes of natural origin that easily biodegrade and present no threat to groundwater.

Class GB

Designated uses: industrial process water and cooling waters; baseflow for hydraulically connected surface water bodies; presumed not suitable for human consumption without treatment.
Discharge restricted to: same as for A (Note; same treatment standards apply), certain other biodegradable wastewaters subject to soil attenuation.

Class GC

Designated uses: assimilation of discharge authorized by the Commissioner pursuant to Section 22a-430 of the General Statutes. As an example a lined landfill for disposal of ash residue from a resource recovery facility. The GC hydrogeology and setting provides the safest back up in case of technological failure.
Discharge restricted to: potential discharges from certain waste facilities subject to extraordinary permitting requirements.