Section 22a-39-15 - Payments to the state for acting on inland wetlands and watercourses permit applications(a) After July 1, 1988 any applicant for an inland wetlands and watercourses permit filed with the commissioner pursuant to section 22a-39(i) of the General Statutes for activity in a town which has not established an inland wetlands and watercourses agency pursuant to section 22a-42 of the General Statutes, shall pay the state an application fee based on the fee schedules established in subsection (i) of this section.(b) Any municipality whose jurisdiction under sections 22a-36 through 22a-45 of the General Statutes has been revoked by the Commissioner, shall pay the state for its acting on applications for inland wetland or watercourse activity in such municipality in accordance with the fee schedules established in subsection (i) of this section. All fees payable to the state by the municipality shall be billed to the municipality after final action has been taken on the application. Payment shall be made within 90 days.(c) If the Commissioner revokes municipal jurisidiction, any fees due the municipality from applicants for inland wetland activity under the municipal inland wetland regulations, shall instead be paid by the applicant to the state. All such fees shall be paid at the time the application is filed with the Commissioner.(d) In the case of inland wetland applications pending before a municipality whose jurisdiction has been revoked, the municipality shall refund to the applicant any application fees submitted to it with instruction to remit such fees to the state pursuant to subsection (c) of this section.(e) Application fees are not refundable.(f) No application shall be deemed complete unless the correct application fee required from the applicant is paid in full or unless a waiver has been granted to the applicant by the Commissioner pursuant to subsection (j) of this Section.(g)Method of Payment. All fees required by these regulations shall be submitted to the Commissioner by certified check or money order made payable to the "Treasurer of the State of Connecticut" provided payments by municipalities may be made by the draft of such municipality.(h)Definitions:"residential uses" means activities carried out on property developed for permanent housing or being developed to be occupied by permanent housing on an individual building lot or as part of a subdivision of land for housing.
"commercial uses" means activities carried out on property developed for industry, commerce, trade, recreation, or business or being developed to be occupied for such purposes, for profit or nonprofit.
"other uses" means activities other than residential uses or commercial uses.
(i)Fee Schedule. Application fees shall be based on the following schedule:(1) Regulated Uses Residential uses on single lot . . . . . . . . . . . . . . . . . . . . . . . | $400.00 |
| plus fee from schedule A | |
Commercial uses of single lot. . . . . . . . . . . . . . . . . . . . . . . | $500.00 |
| plus fee from schedule A | |
Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | $200.00 |
Plus:
(A) $45.00 for each proposed subdivision lot whether or not such lots contain wetlands or watercourses, and(B) $110.00 for each lot on which a regulated activity is proposed, and(C) fee from schedule A All other uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | 170.00 |
plus fee from schedule A
(2)Significant Activity Fee . . . . . . . . . . . . . . . . . . . . . . | $525.00 |
(A) A significant activity fee shall be paid if the application involves an activity upon a wetland or watercourse which will have or is likely to have a "significant impact or major effect" as these terms are defined in section 22a-39-2 of the Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection and a public hearing is required pursuant to section 22a-29(k) of the General Statutes.(B) If the Commissioner waives the requirement for the public hearing and subsequently holds a public hearing solely as a result of a petition pursuant to section 22a-39(k) of the General Statutes, the significant activity fee shall be waived, except in any case where municipal jurisdiction to regulate wetlands and watercourses has been revoked in accordance with section 13 of Public Act 87-533, a $525.00 public hearing fee shall be paid by the municipality in which the regulated activity is proposed to take place.(3)Post Permit Inspection . . . . . . . . . . . . . . . . . . . . . . . | $150.00 |
A post permit inspection fee of $150.00 shall be paid prior to the issuance of any permit. In any case where additional scheduled inspections are required, the commissioner shall determine the number of, and schedule for, post permit inspections and provide the applicant an opportunity to contest the additional fees prior to the issuance of the permit. The fee for such additional inspections shall be $150.00 each.
(4)Modification of Existing Permit . . . . . . . . . . . . . . . . . . . | $25.00 |
This fee applies to the transfer of a permit to a new permittee, minor plan revisions within the scope of the original application and permit, modification of specific terms or conditions imposed as part of the permit, and similar administrative actions. There shall be no fee for correcting typographical or other errors which are the responsibility of the Department of Environmental Protection.
SCHEDULE A. The regulated area in schedule A is the total area of wetlands and watercourses upon which a regulated activity is proposed. To calculate the fee, round up to the next highest 1000 square feet (example: 2340 square feet is rounded up to 3000 square feet).
SQ. Ft. Regulated Area | Fee/1000 Sq. Ft. Regulated Area |
Less than 2,000 . . . . . . . . . . . . . . . . . . . . . . . | $18.00 per 1000 square feet |
2,000 to 50,000 . . . . . . . . . . . . . . . . . . . . . . . | $36.00 plus $12.00 per 1000 square feet |
More than 50,000 . . . . . . . . . . . . . . . . . . . . . . . | $600.00 plus $6.00 per 1000 square feet |
(j)Waiver. The applicant may petition the Commissioner to waive, reduce or allow delayed payment of the fee required by this section. Such petitions shall be in writing and shall state fully the facts and circumstances the Commissioner should consider in his or her determination under this section. The Commissioner may waive all or part of the application fee if:(1) the activity applied for would clearly result in a subtantial public benefit to the environment or to the public health and safety and the applicant would reasonably be deterred from initiating the activity solely or primarily as a result of the amount of the application fee, or(2) the amount of the application fee is clearly excessive in relation to the cost to the State for reviewing and processing the application. The Commissioner shall state upon the record the basis for all actions under this subsection.
Conn. Agencies Regs. § 22a-39-15
Effective December 29, 1988