The commissioner or his designee may submit written testimony to any municipal board or commission and may appear by right as a party to any hearing before such municipal board or commission concerning any proposed municipal plan of conservation and development or zoning regulations or changes thereto affecting the area within the coastal boundary or the review of a coastal site plan or a municipal approval, permit or license for a building, use or structure affecting the area within the coastal boundary and said commissioner may appeal, or appear as a party to any appeal of, a municipal decision concerning such matters whether or not he has appeared as a party before the municipal board or commission. If the decision of such board or commission is upheld by a court of competent jurisdiction, the state shall reimburse the municipality within three months for all costs incurred in defending the decision.
(P.A. 79-535, S. 19, 25; P.A. 83-287, S. 4; P.A. 95-335, S. 22, 26.)
History: P.A. 83-287 expanded the commissioner's authorization to submit testimony or appear before a municipal agency to any proposal concerning municipal land use regulations affecting the coastal boundary; P.A. 95-335 changed “plan of development” to “plan of conservation and development”, effective July 1, 1995.
Cited. 35 CA 317.
Notes of Decisions
Boris v. Garbo Lobster Co., 750 A.2d 1152 (Conn. App. Ct. 2000).
· cites it 2× “Finally, the commissioner’s comments are in the form of an advisory opinion because General Statutes § 22a-110 provides that the commissioner “may appeal .”
Read v. Plan. & Zoning Comm'n, 646 A.2d 222 (Conn. App. Ct. 1994).
“In order for the reference in § 22a-110 to an appeal of a decision under the act to have purpose, we must turn to General Statutes § 8-8 (b), which provides in relevant part that “any person aggrieved by any decision of a board may take an appeal to the superior court for the…”
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