Connecticut General Statutes

Conn. Gen. Stat. § 22a-33 (2025)

(Formerly Sec. 22-7m). Issuance or denial of permit

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In granting, denying or limiting any permit, the commissioner or his duly designated hearing officer shall consider the effect of the proposed work with reference to the public health and welfare, marine fisheries, shellfisheries, wildlife, the protection of life and property from flood, hurricane and other natural disasters, and the public policy set forth in sections 22a-28 to 22a-35, inclusive. The fact that the Department of Energy and Environmental Protection is in the process of acquisition of any tidal wetlands by negotiation or condemnation under the provisions of section 26-17a shall be sufficient basis for denial of any permit. In granting a permit, the commissioner may limit or impose conditions or limitations designed to carry out the public policy set forth in sections 22a-28 to 22a-35, inclusive. The commissioner may require a bond in an amount and with surety and conditions satisfactory to him securing to the state compliance with the conditions and limitations set forth in the permit. The commissioner may suspend or revoke a permit if the commissioner finds that the applicant has not complied with any of the conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application. The commissioner may suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application.

(1969, P.A. 695, S. 7; 1971, P.A. 872, S. 402; P.A. 93-428, S. 18, 39; P.A. 11-80, S. 1.)

History: 1971 act replaced state board of fisheries and game with department of environmental protection; Sec. 22-7m transferred to Sec. 22a-33 in 1972 and internal references to other transferred sections were revised to reflect the change in numbering; P.A. 93-428 deleted requirement that commissioner make specific findings and publish notice of action taken on permit applications, effective July 1, 1993; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection”, effective July 1, 2011.

Cited. 183 C. 532; 209 C. 544.

Cited. 32 CS 104; 43 CS 386.

Notes of Decisions
Cited in 4 cases, 1975–2017 · leading case: Town of Middlebury v. Conn. Siting Council, 161 A.3d 537 (Conn. 2017).
Town of Middlebury v. Conn. Siting Council, 161 A.3d 537 (Conn. 2017). “andards set forth in § 22a-33 of the General Statutes, which requires the hearing officer to 'consider the effect of the proposed work with reference to the public health and welfare, marine fisheries, shell-fisheries, wildlife, the protection of life and property from flood,…”
Fraenza v. Keeney, 655 A.2d 1113 (Conn. Super. Ct. 1994). · cites it 3× “The plaintiff further claims that the record contains no evidence that the 0.12 acre of land in question serves any of the ecological functions for which tidal wetlands are defined and regulated.”
Brecciaroli v. Comm'r of Env't Prot., 362 A.2d 948 (Conn. 1975). “It must be presumed, however, that the defendant’s denial of the application was based on the standards set forth in § 22a-33 of the General Statutes, which requires the hearing officer to “consider the effect of the proposed work with reference to the public health and welfare,…”
Lane v. Comm'r of Env't Prot., 43 A.3d 821 (Conn. App. Ct. 2012). “” 6 We note that § 22a-363b (a) (1) also pertains to substantial maintenance, providing in relevant part that “[substantial maintenance or repair of existing structures, fill, obstructions or encroachments authorized pursuant to section 22a-33 or section 22a-361” may be eligible…”
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