Section 15-121-A5 - Permission required to place markers(a) No person or town, shall place any regulatory or navigational marker except as authorized in this section.(b) Any town desiring to place any regulatory or navigational marker in waters within its jurisdiction shall apply to the commissioner for authorization to place said markers.(c) Any person desiring to place any regulatory or navigational marker shall apply to the commissioner for authorization to place said marker after having obtained signed approval from the chief executive authority of the town or designated lake authority in which said marker will be placed.(d) Application for any such authorization shall be made on forms provided by the commissioner. A detailed map or drawing to a scale which readily depicts the marked area and its surroundings and shows the proposed location of each marker and its relation to nearby shores, channels and water traffic patterns shall accompany the application.(e) Criteria for authorization shall include:(1) Signed approval from the chief executive authority of the town or designated lake authority in which said marker will be placed;(2) completeness, accuracy and detail of the application form;(3) demonstrated need for the proposed markers;(4) public safety considerations;(5) environmental impact considerations;(6) review for possible conflicts with various water use groups;(7) visibility and durability of proposed markers;(8) conformity with existing authorizations; and(9) consistency with federal, state and local law.(f) The commissioner may impose whatever conditions he deems necessary regarding an application for placement of regulatory or navigational markers pursuant to this section. If authorization from the commissioner has been granted, said markers shall be deemed lawfully placed, provided said markers are placed subject to any conditions set forth therein and in the manner specified by the authorization. If the commissioner finds authorized markers to be an obstruction or menace to navigation or a hindrance to public use of waters, he may revoke the authorization.Conn. Agencies Regs. § 15-121-A5
Effective June 23, 1988; Amended September 8, 1998; Amended March 9, 2004; Amended January 3, 2007