Frequently Asked Questions (FAQs) About the OLISP Permitting Process
Who Must Apply For a Coastal Permit?
Any person, as defined by Connecticut General Statutes ("CGS") Section 22a-2(c), who is proposing to carry out any regulated activity in the tidal wetlands, or in tidal, coastal, or navigable waters of the state. This includes the Connecticut River beginning at the Massachusetts border south to Long Island Sound.
What Activities Require a Permit?
Activities include but are not limited to the following:
the erection of structures including, but not limited to: breakwaters, docks, pilings, booms, marine railways, culverts, floats, jetties, ramps, utility lines/cables, roadways, walkways, buildings, decks, etc.;
dredging for the purposes of maintaining existing channels, turning basins, vessel berths, mooring areas and other waterfront facilities;
the erection of shoreline flood and erosion control or stabilization structures such as riprap, seawalls, bulkheads, and tide gates;
the placement of any obstacle, obstruction or encroachment;
maintenance or repair of certain existing structures, fill, obstructions, or encroachments;
all work incidental to any of the above activities including: any structure, activity, construction, or site preparation; grading, excavating, dredging, disposing of dredged materials, filling, etc.; the removal of vegetation or other material, or other modification of a site, waterward of the high tide line;
draining, dredging, excavating, or removing of soil, mud, sand, gravel, aggregate of any kind or rubbish from any tidal wetland or tidal pond;
dumping, filling or depositing upon tidal wetlands or in a tidal pond any soil, stones, sand, gravel, mud, aggregate of any kind, rubbish or similar material, either directly or otherwise; and
erecting structures, driving pilings, or placing obstructions in tidal wetlands or tidal waterbodies.
What Types of Permits are required for such activities?
Certificates of Permissions:
Minor activities related to previously authorized work may be eligible for a Certificate of Permission (COP). These activities include maintenance dredging and substantial maintenance of existing authorized or pre-1939 structures. In some cases, maintenance of unauthorized activities that were completed prior to specific dates may also be covered by a COP. A decision on a COP is made within 45 days, or within 90 days if the application is incomplete, and additional information is requested to complete the review process.
General Permits are issued to authorize similar minor activities by one or more applicants. Authorization of an activity under a general permit is governed by that general permit. Coastal General Permits offered by the DEEP are as follows: 4/40 docks, Harbor Moorings, Non-Harbor Moorings, Osprey Platforms and Perch Poles, Residential Flood Hazard Mitigation, Buoys or Markers, Swim Floats, Pump-Out Facilities, Coastal Remedial Activities Required by Order, Maintenance of Catch Basins and Tide Gates, Removal of Derelict Structures, Beach Grading, Marina & Mooring Field Reconfiguration, and Minor Seawall Repair. General Permits are typically issued within 90 days if a complete application is received and the project is deemed eligible.
Structures, Dredging and Fill, and Tidal Wetland Permits ("Individual Permits"):
Activities that are not eligible for authorization under a General Permit or for a Certificate of Permission require an "individual" permit specific to the proposed work. These activities typically include new construction and other work for which a detailed review of potential environmental, public trust and navigational impacts is needed. The review process for an individual permit provides an opportunity for public comment. Individual permit applications may take up to 6 months for a decision depending on the complexity of the project and completeness of application materials submitted.
See Coastal Permitting Fact Sheet for additional information on the review process for applications.
What are the application fees associated with each permit?
Structures, Dredging and Fill and Tidal Wetlands Permit Applications: $525; additional fees may be assessed based upon the square footage of the project.
Certificates of Permission Applications: Private Applicant $400; Municipal Applicant $200.
General Permit Applications: Fees vary Ė see individual permit application.
How does the permit review process work?
Upon receipt of the application package and initial application fee, a preliminary review of the application is conducted for sufficiency and general consistency with applicable standards and criteria. The permit fee is then calculated and any balance due is billed. Once the application is deemed sufficient, a detailed technical review of the application is conducted to determine the extent of any adverse impacts. This review includes the consideration of feasible alternatives to the original proposal. If alternatives are available, OLISP recommends authorization for only that alternative with the least adverse impact and/or the least encroachment waterward of the high tide line. Upon completion of this technical review, a tentative determination to grant or deny the permit will be made by the Commissioner. A Notice of Tentative Determination will be published in a newspaper having general circulation in the affected area and public comments will be solicited on the tentative determination. In some cases, a public hearing may be held. After completion of the technical review and consideration of any public comments, and subsequent to the close of any hearing, DEEP will issue a final decision on the permit application.
Also, any applicant for a federal Army Corps of Engineers permit for work which would result in the discharge of dredged or fill material into the waters of the United States, including wetlands, may also be required to obtain a state Water Quality Certificate from DEEP (Contact OLISP for more information). If the project has the potential to impact any endangered or threatened species, or species of special concern, or their essential habitats, the application will require additional review by the staff of the Natural Diversity Data Base program.
Am I entitled to any size dock given the size of my boat?
No. A littoral property owner has a right to reasonable access from his/her property to navigable waters, but this right must be balanced against the state's regulatory responsibility to minimize environmental impacts and private encroachments into public trust lands and waters. Reasonable recreational access does not guarantee at all times, weather conditions and tides, the right to dock or moor a vessel of a particular size or the right to construct a particular type of structure. These access rights do not consist of what the applicant would prefer, but rather what physical site constraints, regulatory policies and public trust responsibilities will allow. It is the applicant who has the burden to demonstrate that the proposed activity complies with statutory and public trust criteria. To successfully pursue permission for greater than a minimum structure, the applicant must clearly justify the need for a more extensive encroachment and demonstrate that there is no reasonable alternative to the proposal which would minimize adverse environmental impacts to coastal resources and navigation and reduce the encroachment into public trust waters to the greatest extent feasible.
What if I donít submit an application and conduct a regulated activity without proper state authorization?
Any work conducted in tidal wetlands or waterward of the coastal jurisdiction line in the tidal, coastal or navigable waters of the State without proper authorization is a violation of State law and is subject to enforcement actions by the Department and the Office of the Attorney General. The DEEP may issue a notice of violation, a removal order, seek injunction, or take other legal action under CGS Chapters 439 and 446. Additionally, civil penalties of up to $1,000.00 may be assessed for each day of each violation under sections 22a-32 and 22a-361 of the CGS.
Whom do I contact to set-up an appointment to discuss applying for a permit?
Contact the Office of Long Island Sound Programs at 860-424-3034, and you will be directed to the appropriate Permitting and Enforcement analyst who is assigned to the town in which you are proposing the project, and he/ she will arrange a meeting with you to discuss your proposal.
What materials will I need to bring with me for the pre-application meeting?
Please fill out an OLISP pre-application questionnaire and bring this along with the requested supporting documentation to your meeting. We strongly recommend that you consult with and/or hire a professional such as a land surveyor, engineer or environmental/marine consultant familiar with our Departmentís permitting process who can assist you in the preparation of the application and plans.
Where can I find more information on the Office of Long Island Sound Coastal Programs and Permitting Process?
Visit our coastal management webpage or contact the Office of Long Island Sound Programs directly at 860-424-3034 and we will be happy to answer any further questions or send out any information that you need.
*This document is designed to answer general questions and provide basic information. You should refer to the appropriate statutes and regulations for the specific regulatory language of the different permit programs. This document should not be relied upon to determine whether or not a coastal permit is required for your activity. It is your responsibility to obtain and comply with all required permits.
Content last updated on September 28, 2012.