All dams, dikes, reservoirs and other similar structures, with their appurtenances, without exception and without further definition or enumeration herein, which, by breaking away or otherwise, might endanger life or property, shall be subject to the jurisdiction conferred by this chapter. No person shall maintain a dam in a condition that might endanger life or property. The Commissioner of Energy and Environmental Protection shall formulate all rules, definitions and regulations necessary to carry out the provisions of this chapter and not inconsistent therewith. The commissioner or authorized representatives of the commissioner may enter upon private property to make such investigations and gather such data concerning dams, watersheds, sites, structures and general conditions as may be necessary in the public interest for a proper inspection, review and study of the design and construction of such structures and of the environmental impact of such structures on the inland wetlands of the state. The commissioner may, when necessary, employ or make such agreements with geologists, other engineers, expert consultants and such assistants as may be reasonably necessary to carry out the provisions of this chapter. Nothing in this section shall be construed to apply to any dam that the owner of such dam has reasonably demonstrated to the commissioner, upon the commissioner's request, presents a hazard only to the property of the owner of such dam.
(1949 Rev., S. 4728, 4729; 1957, P.A. 364, S. 16, 17; 1971, P.A. 872, S. 130; P.A. 73-571, S. 7, 9; P.A. 75-237, S. 1, 2; P.A. 11-80, S. 1; P.A. 13-197, S. 1; P.A. 24-94, S. 1.)
History: 1971 act replaced water resources commission with commissioner of environmental protection; P.A. 73-571 required commissioner to review and study environmental impact of structures on inland wetlands; P.A. 75-237 required owners of dams, dikes, etc. to notify commissioner of any transfer of ownership; Sec. 25-110 transferred to Sec. 22a-401 in 1983; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-197 deleted requirement that owners notify commissioner within 10 days of the transfer of ownership of a dam; P.A. 24-94 added provisions prohibiting maintenance of dam in a condition that presents a danger to life and property and exemption for dams that are demonstrated to commissioner to only pose a hazard to property of dam owner, effective June 4, 2024.
See Sec. 13a-175j re repair of dams.
Annotations to former section 25-110:
Cited. 183 C. 481.
Cited. 23 CS 90.
Notes of Decisions
Celentano v. Rocque, 923 A.2d 709 (Conn. 2007).
· cites it 5× “Section 22a-401 confers jurisdiction upon the commissioner, providing in relevant part: “All dams, dikes, reservoirs and other similar structures, with their appurtenances, without exception and without further definition or enumeration herein, which, by breaking away or…”
Samperi v. Inland Wetlands Agency, 628 A.2d 1286 (Conn. 1993).
· cites it 2× “General Statutes § 22a-401 et seq. gives jurisdiction over the construction and regulation of dams to the commissioner.”
Kish v. Cohn, 756 A.2d 313 (Conn. App. Ct. 2000).
· cites it 2× “The commissioner may hold a hearing prior to approving or denying any application if, in his discretion, the public interest will be best served thereby, and he shall hold a hearing if, within thirty days after such notice has been published, he receives a petition requesting…”
Lake Williams Beach Ass'n v. Gilman Bros., 496 A.2d 182 (Conn. 1985).
· cites it 2× “The department of environmental protection (DEP), which has jurisdiction over dams pursuant to General Statutes §§ 22a-401 through 22a-410, requested the defendant to implement these recommendations by January 1, 1980.”
Keeney v. Buccino, 885 A.2d 1239 (Conn. App. Ct. 2005).
· cites it 2× “I PROCEDURAL HISTORY The record discloses that this appeal had its genesis more than fifteen years ago, when the commissioner, acting pursuant to General Statutes § 22a-401 et seq., issued order 90-016 (1990 order) requiring the defendants to make certain repairs to their dam.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.