Connecticut General Statutes

Conn. Gen. Stat. § 22a-28 (2026)

(Formerly Sec. 22-7h). Preservation of tidal wetlands. Declaration of policy

✓ current as of May 2026
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It is declared that much of the wetlands of this state has been lost or despoiled by unregulated dredging, dumping, filling and like activities and that the remaining wetlands of this state are all in jeopardy of being lost or despoiled by these and other activities, that such loss or despoliation will adversely affect, if not entirely eliminate, the value of such wetlands as sources of nutrients to finfish, crustacea and shellfish of significant economic value; that such loss or despoliation will destroy such wetlands as habitats for plants and animals of significant economic value and will eliminate or substantially reduce marine commerce, recreation and aesthetic enjoyment; and that such loss or despoliation will, in most cases, disturb the natural ability of tidal wetlands to reduce flood damage and adversely affect the public health and welfare; that such loss or despoliation will substantially reduce the capacity of such wetlands to absorb silt and will thus result in the increased silting of channels and harbor areas to the detriment of free navigation. Therefore, it is declared to be the public policy of this state to preserve the wetlands and to prevent the despoliation and destruction thereof.

(1969, P.A. 695, S. 2.)

History: Sec. 22-7h transferred to Sec. 22a-28 in 1972.

See Sec. 26-17a re acquisition and preservation of tidal wetlands.

Annotation to former section 22-7h:

Cited. 161 C. 24.

Annotations to present section:

Cited. 168 C. 349; 180 C. 521; 183 C. 532; 209 C. 544.

Cited. 32 CS 104; 43 CS 386.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1975–2022 · leading case: Ventres v. Goodspeed Airport, LLC, 881 A.2d 937 (Conn. 2005).
Ventres v. Goodspeed Airport, LLC, 881 A.2d 937 (Conn. 2005). · cites it 4× “ation of state and local wetlands regulations to their conduct, the trial court improperly rendered judgment for the land trust defendants on their cross claim that cutting the trees constituted unreasonable pollution under § 22a-16 because the claim was predicated on the…”
Avalonbay Communities, Inc. v. Zoning Comm'n, 867 A.2d 37 (Conn. App. Ct. 2005). · cites it 8× “and the Inland Wetlands and Watercourses Act, General Statutes §§ 22a-28 through 22a-45, respectively.”
Stefanoni v. Duncan, 883 A.2d 1271 (Conn. App. Ct. 2005). · cites it 8× “Rather, we agree with the plaintiffs’ second argument and, because certain legal and factual findings by the court make evident the need to permit the plaintiffs to install a walkway and dock, hold that they may do so subject to their compliance with all requirements as set…”
Unistar Props., LLC v. Conservation & Inland Wetlands Comm'n, 977 A.2d 127 (Conn. 2009). · cites it 6× “General Statutes § 22a-28. 11 The act specifically recognizes that these resources are important, both as “sources of nutrients to finfish, crustácea and shellfish of significant economic value .”
Cioffoletti v. Plan. & Zoning Comm'n, 552 A.2d 796 (Conn. 1989). · cites it 2× “The plaintiffs’ claim concerning the lack of any substantial state interest as a basis for ordering modifications in their application is intertwined with the takings issue upon which additional evidence is to be presented.”
Aaron v. Conservation Comm'n, 441 A.2d 30 (Conn. 1981). · cites it 2× “The enabling statutes of “The Inland Wetland and Water Courses Act” are found in General Statutes §§ 22a-28 through 22a-45, chapter 440.”
Demar v. Open Space & Conservation Comm'n, 559 A.2d 1103 (Conn. 1989). · cites it 2× “The term “party” is not defined in the Inland Wetlands and Watercourses Act, General Statutes §§ 22a-28 through 22a-45, although that act does contain a definitional section.”
Avalonbay Communities, Inc. v. Zoning Comm'n, 908 A.2d 1033 (Conn. 2006). · cites it 2× “and the Inland Wetlands and Watercourses Act, General Statutes §§ 22a-28 through 22a-45, respectively.”
Brecciaroli v. Comm'r of Env't Prot., 362 A.2d 948 (Conn. 1975). · cites it 3× “ll eliminate or substantially reduce marine commerce, recreation and aesthetic enjoyment; and that such loss or despoliation will, in most cases, disturb the natural ability of tidal wetlands to reduce flood damage and adversely affect the public health and welfare; that such…”
Manatuck Assocs. v. Conservation Comm'n, 614 A.2d 449 (Conn. App. Ct. 1992). · cites it 4× “Wetlands and Water Courses Act [General Statutes §§ 22a-28 through 22a-45] the same canons of construction are applicable as though [they] were enacted as a state statute.”
Norooz v. Inland Wetlands Agency, 602 A.2d 613 (Conn. App. Ct. 1992). · cites it 2× “The named defendant is the duly designated municipal agency entrusted with the enforcement of the Wetlands and Watercourses Act, General Statutes §§ 22a-28 through 22a-45.”
Frimberger v. Anzellotti, 594 A.2d 1029 (Conn. App. Ct. 1991). · cites it 2× “The property abuts a tidal marshland and is, therefore, subject to the provisions of General Statutes § 22a-28 et seq. DiLoreto built a bulkhead and filled that portion of the subject parcel immediately adjacent to the wet *403 lands area, and then proceeded with the…”
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