DEEP: Flood Management Certification Fact Sheet

Flood Management Certification
An Environmental Permitting Fact Sheet

Program Overview

This program, administered by the Bureau of Water Protection and Land Reuse's Inland Water Resources Division, requires Department approval of a certification, or an exemption from such approval, for all State actions in or affecting floodplains or natural or man-made storm drainage facilities. In making a decision to approve or reject a state agency's flood management certification, the Department must consider whether the proposed activity: is consistent with state standards and criteria for preventing flood hazards to human life, health or property and with the provisions of the National Flood Insurance Program (NFIP) and municipal floodplain regulations; does not adversely affect fish populations or fish passage; and does not promote intensive use and development of flood prone areas.

Authorizing Statutes

Sections 25-68b through 25-68h, inclusive of the Connecticut General Statutes (CGS)

Regulations

Sections 25-68h-1 through 25-68h-3 of the Regulations of Connecticut State Agencies (RCSA)

Who Must Submit A Flood Management Certification

Any state agency proposing an activity within or affecting a floodplain or that impacts natural or man-made storm drainage facilities must submit a flood management certification. Such activities include, without limitation: a) any structure, obstruction or encroachment proposed for emplacement within the floodplain area; b) any proposal for site development which increases peak runoff rates; c) any grant or loan which affects land use, land use planning or the disposal of state properties in floodplains; or d) any program regulating flood flows within the floodplain.

Required Application Documents

Permit Application Form for Inland Water Resources Division Activities (DEP-IWRD-APP-100), and various technical documents in support of the application. Supporting documents include, but are not limited to: floodplain management consistency worksheets and hydrology and hydraulics, engineering design reports, plans and specifications describing the project and, where applicable, how fish populations and fish passage will be protected. A checklist of application documents is included on form DEP-IWRD-APP-100. Permit Application Transmittal Form (DEP-APP-001)

Review and Processing

Upon receipt of a request for DEEP approval of a state agency's flood management certification, the application is assigned to a project manager and is reviewed for sufficiency. If the application is sufficient, a detailed technical review is initiated. These reviews consist of an evaluation of the technical documentation provided in the application as well as an independent assessment of the site and of the project's consistency with the flood management standards and criteria. The application may also be reviewed by DEEP's Fish and Wildlife Bureau and the staff of the Natural Diversity Data Base program. If Department staff have questions or require additional information about the proposed project, the project manager will contact the applicant or his designated agent.

Unique Processing Features

In the case where an inland wetlands permit, stream channel encroachment line permit or State 401 Water Quality Certification is also required, DEEP will process an application for flood management certification approval jointly with that permit application.

An agency may apply for an exemption from the provisions of subsection (b) of CGS Section 25-68d and RCSA Sections 25-68h-1 through 25-68h-3, inclusive, in accordance with the procedures described under subsection (d) of CGS Section 25-68d. The Commissioner, after providing public notice of the application and an opportunity to hold a public hearing, may grant an exemption request if he finds the proposal is in the public interest, will not injure persons or damage property, complies with the provisions of the National Flood Insurance Program, and is cost effective.

Average Processing Time

Applications for both DEEP approval of a flood management certification and another Department permit will be processed jointly with such permit (see the appropriate fact sheet).

For requests for DEEP approval of a flood management certification of an activity that does not require another Department permit, processing time for a typical application, based upon recent experience is less than 60 days.  Past performance is not a guarantee of future processing timeframes.  In order to increase the efficiency of application processing, we recommend that you utilize the Inland Water Resources Division Pre-Application Guidance process, assure that your application package is properly completed at the time of submittal, and that you promptly reply to any requests for information.

Contact Information

INLAND WATER RESOURCES DIVISION
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127

If another Department permit is also required call: 860-424-3019
Flood Management Certification Only: 860-424-3706

This overview 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 an environmental permit is required. It is your responsibility to obtain and comply with all required permits.

Fact Sheet DEEP-IWRD-FS-102
Content Last Updated on June, 2013

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