In 2012, the Connecticut General Assembly passed PA 12-101 which included a revision to the State’s regulatory jurisdiction under Connecticut General Statutes (CGS) Section 22a-359.  In essence, this revision changes the regulatory jurisdiction limit from the "high tide line" to the area up to and including the elevation of the "coastal jurisdiction line" (CJL) as determined for the State's major tidal waterbodies.  The change goes into effect on October 1, 2012.

The high tide line had been used as the State’s coastal jurisdictional limit since 1987.  It was clear that the high tide line statute required that the boundary be determined through analysis of field evidence including wrack lines, vegetation patterns, or other evidence.  However, due to the fluctuating nature of the sea surface it was difficult in some circumstances to pinpoint the location of the jurisdictional line.  The new statute instead requires the use of a specifically determined elevation as the regulatory limit instead of field evidence of the water surface elevation. 

 

In working with the Connecticut Association of Land Surveyors (CALS), the new statute was drafted which identified a process using the heights of specific predicted tides through which a regulatory elevation could be calculated.  Working collaboratively DEEP and CALS have calculated CJL elevations for each coastal municipality and the three major tidal rivers.  The CALS report detailing the methodology is provided here.  

These elevations are for use in all Structures, Dredging and Fill and Certificate of Permission applications submitted on or after October 1, 2012. 

 

 

The following CJL elevations correspond to the North American Vertical Datum of 1988 (NAVD88).   Note that some municipalities have waterfront on both Long Island Sound and either the Connecticut, Thames, or Housatonic Rivers.  These municipalities are marked with an asterisk and have two CJL values.  Be sure you use the correct CJL depending upon which waterbody your project is located if your municipality is marked with an asterisk in the chart.   A printable PDF version of the CJL elevations chart is also available.

 

 

Long Island Sound		Connecticut River		Housatonic River
Greenwich	5.5'	Old Lyme	2.9'	Stratford	5.0'
Stamford	5.5'	Old Saybrook	2.9'	Milford	5.1'
Darien	5.5'	Lyme	2.9'	Shelton	5.4'
Norwalk	5.4'	Essex	2.8'	Orange	5.4'
Westport	5.3'	Deep River	2.9'	Ansonia	5.4'
Fairfield	5.2'	Chester	2.9'	Derby	5.4'
Bridgeport	5.0'	East Haddam	3.0'
Stratford*	4.8'	Haddam	3.0'
Milford*	4.7'	East Hampton	3.0'	Thames River
Orange*	4.7'	Middletown	3.1'	New London	2.1'
West Haven	4.6'	Portland	3.3'	Groton	2.1'
New Haven	4.6'	Cromwell	3.3'	Waterford	2.2'
Hamden	4.6'	Rocky Hill	3.4'	Ledyard	2.3'
North Haven	4.6'	Glastonbury	3.5'	Montville	2.3'
East Haven	4.5'	Wethersfield	3.6'	Preston	2.3'
Branford	4.3'	East Hartford	3.8'	Norwich	2.4'
Guilford	4.0'	Hartford	3.8'
Madison	3.7'	South Windsor	3.9'
Clinton	3.4'	Windsor	3.9'
Westbrook	3.2'	East Windsor	15.0'
Old Saybrook*	2.9'	Windsor Locks	15.0'
Old Lyme*	2.6'	Suffield	40.5'
East Lyme	2.3'	Enfield	40.5'
Waterford*	2.1'
Groton*	2.0'
Stonington	2.0'

*Municipalities with multiple CJL elevations

 

In addition, please refer to the maps of the geographical boundary between Long Island Sound and the Connecticut River, Thames River, or Housatonic River. 
 

To which applications does the CJL apply?
The CJL must be used for each of the following applications submitted on or after October 1, 2012:  

Can I use the CJL for tidal wetland projects or delineation?
No.  The change from HTL to CJL does not affect the manner in which tidal wetland boundaries are determined.  As was the case prior to the change, tidal wetlands must be at an elevation not exceeding one-foot above local extreme high water (which is defined in the tidal wetland regulations as the elevation of the one-year frequency tidal flood as shown on the most recently adopted U.S. Army Corps of Engineers tidal flood profile) and field-determined through the identification of certain plants and the presence of tidal water.  For more details, please refer to the tidal wetlands statutes and tidal wetlands regulations.  
  

Does this affect my pending application which was submitted prior to October 1, 2012?
No.  Applications received prior to October 1, 2012 will be reviewed and processed according to the regulatory jurisdiction line (high tide line) in place at the time the application was submitted.  Pending applications will not need to be revised to reflect the new regulatory elevation.  All applications received after October 1, 2012 must reference the CJL in the application materials and associated plans.  Any application received after October 1, 2012 which references the high tide line will be not be accepted.

 

Yes.  DEEP currently does not specify in which datum the elevations on the plans must be provided.  You may convert the CJL into NGVD1929 or MLW and show it on the plans, provided you supply the conversion calculations.

 

How do I know when to use the CJL or MHW for projects located upstream of a tide gate or weir?
You should use the CJL upstream of flood control structures when tidal water overtops or bypasses such tide gate or weir.  That is, the CJL should be used in the circumstance where the flood control structure is designed such that the crest of such structure is at or below the elevation of the CJL allowing the normal reach of the tide upstream.  Also, the CJL should be used in the circumstance where the flood control structure is of a temporary nature which is normally kept open allowing the normal reach of the tide upstream.  You should use MHW in those circumstances where the purpose and function of an existing tide control structure reduces the normal reach of the tide upstream.  Remember, though, that use of the CJL or MHW does not affect the state jurisdiction of tidal wetlands.

 

Are there specific examples of waterbodies that fall into these categories? 
Yes. 

 

Use MHW:  Sybil Creek (Branford) upstream of tide gates; Pine Creek (Fairfield) upstream of tide gates; Ash Creek tributary (Fairfield) upstream of tide gate at Riverside Drive.

 

Use CJL:  Sherwood Millpond (Westport).

 

What should I do if my project is located within two or more CJL areas?
It is possible that some projects - such as linear utility installation or transportation projects – may span across more than one CJL area.  In these cases, be sure to note this in the section of the application which pertains to the CJL elevation.  On the plans, you should show the location of the CJL as it falls on the particular plan sheet.  For instance, a pipeline that crosses a river may have different CJLs for each shoreline.  Be sure that the detail drawings for each shoreline show and label the appropriate CJL.

 

Yes.  When the new tidal epoch is computed by NOAA in about 2021, the rise in mean sea level will be applied to all the CJL elevations provided by the Land and Water Resources Division.

No.  While we strongly encourage all consultants and property owners to use these numbers because they have been calculated consistent with the statute, the law allows for independent calculations for specific sites.  However, the methodology used must comport precisely with the statutory language; meaning the previous methodologies of identifying a high tide line based on direct observation of water surface elevation, wrack lines, or other field evidence or through use of annual predicted tide charts cannot be used.  For instructions on how to calculate the CJL, please refer to this document.  Please note that any alternatively determined CJL that deviates from the values provided by the DEEP must include: (1) a description of the methodology used, (2) all calculations, and (3) a justification for the reason that the DEEP values were not used.  

 

As the northernmost reach of the Connecticut River in Connecticut is no longer tidal but still subject to regulatory authority under CGS 22a-361, DEEP uses the elevation of Ordinary High Water for these towns. These have been provided in the chart, above. 

 

To determine the dividing line between the CJL elevations for Long Island Sound and the tidal rivers, please refer to the maps of the geographical boundary between Long Island Sound and the Connecticut River, Thames River, or Housatonic River.