Conn. Gen. Stat. » Title 22a — ENVIRONMENTAL PROTECTION · Chapter 446j — Dams and Reservoirs
Connecticut General Statutes

Conn. Gen. Stat. § 22a-406 (2025)

(Formerly Sec. 25-115). Liability of owner or operator

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Nothing in this chapter, and no order, approval or advice of the commissioner, shall relieve any owner or operator of such a structure from his legal duties, obligations and liabilities resulting from such ownership or operation. No action for damages sustained through the partial or total failure of any structure or its maintenance shall be brought or maintained against the state, the Commissioner of Energy and Environmental Protection, or his employees or agents.

(1949 Rev., S. 4734; 1957, P.A. 364, S. 23; 1971, P.A. 872, S. 135; P.A. 96-145, S. 7; P.A. 11-80, S. 1.)

History: 1971 act replaced references to water resources commission and its members with references to environmental protection commissioner; Sec. 25-115 transferred to Sec. 22a-406 in 1983; P.A. 96-145 deleted a provision which limited the state's immunity from suit under this section for damages sustained through the partial or total failure of any structure or its maintenance by reason of the commissioner's supervision of a structure; 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.

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Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Celentano v. Rocque, 923 A.2d 709 (Conn. 2007).
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Celentano v. Rocque, 923 A.2d 709 (Conn. 2007). · cites it 2× “Moreover, General Statutes § 22a-406 provides in relevant part that “[n]othing in this chapter, and no order, approval or advice of the commissioner, shall relieve any owner or operator of such a structure from his legal duties, obligations and liabilities resulting from such…”
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