Connecticut General Statutes

Conn. Gen. Stat. § 22a-196 (2026)

Location of asphalt batching or continuous mix facility

✓ current as of May 2026

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(a) No asphalt batching or continuous mix facility shall be located in an area which is less than one-third of a mile in linear distance from any hospital, nursing home, school, area of critical environmental concern, watercourse, or area occupied by residential housing. Such distance shall be measured from the outermost perimeter of such facility to the outermost point of such zones provided that any such facility in operation as of December 31, 1997, shall not be subject to the provisions of this section.

(b) Notwithstanding the provisions of subsection (a) of this section, this section shall not apply to any portable asphalt batching plant that does not require a permit from the Department of Energy and Environmental Protection pursuant to the provisions of any regulations adopted under section 22a-174.

(P.A. 98-216, S. 4, 5; P.A. 06-181, S. 1; P.A. 11-80, S. 1.)

History: P.A. 98-216, S. 4 effective June 1, 1998; P.A. 06-181 designated existing language as Subsec. (a) and added Subsec. (b) re exemption for portable asphalt batching plant that does not require a permit, effective June 7, 2006; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011.

See Sec. 22a-174 re issuance of permits for asphalt batching or continuous mix facilities.

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Notes of Decisions

Cited in 1 case, 2007–2007 · leading case: Contractor's Supply of Waterbury, LLC v. Comm'r of Env't Prot., 925 A.2d 1071 (Conn. 2007).

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Contractor's Supply of Waterbury, LLC v. Comm'r of Env't Prot., 925 A.2d 1071 (Conn. 2007). · cites it 39× “to 1999) § 22a-196 violates its right to equal protection and due process under the federal and state constitutions because the statute does not bear a rational relation to a legitimate state interest; and (2) the trial court improperly concluded that the defendant had not…”

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