Connecticut floodplain management regulations for state agencies

(a) Definitions. (1) As used in Sections 25-68h-1, 25-68h-2 and 25-68h-3: "Hurricane wave wash" means the effect of wave action in a coastal flood hazard zone. "Significant impact" means any activity that would create: (A) A five percent increase in peak flow rates at any downstream point; (B) A twenty percent increase in flow velocities or a change that allows a stable condition to become unstable; (C) An activity that contributes to an unacceptable cumulative impact; (D) Any activity that causes flooding on developed property not currently subject to flooding; (E) An activity that could cause a downstream dam to become unsafe. "Velocity waters" means the effect of moving water in a coastal flood hazard zone. (2) As used in Sections 25-68h-1, 25-68h-2 and 25-68h-3, the definitions of the following terms shall be the same as the definitions in Section 25-68b of the General Statutes: activity; base flood; base flood for a critical activity; Commissioner; critical activity; floodplain; flood-proofing; freeboard. (b) Program Certification. Not later than one year from the effective date of these regulations any state agencies responsible for a program regulating flood flows within a floodplain shall certify in writing to the Commissioner that all such program(s) within its jurisdiction are being implemented consistent with the criteria in Section 25-68h-1, 25-68h-2 and 25-68h-3 of these regulations. The agency shall specifically describe: (1) The procedures that will insure that prior to granting a permit or approval for any state activity subject to the regulatory jurisdiction of this program are in compliance with Section 25-68d of the General Statutes and these regulations. (2) The procedures that will insure that the review and approval of applications for activities subject to the regulatory jurisdiction of this program are generally consistent with Section 25-68d of the General Statutes and these regulations. (c) Certification of State Agency Activities. (1) Any state agency proposing or undertaking any activity within or affecting a floodplain shall, as early as possible, but in no event later than 90 days prior to the date of initiating the activity, certify to the Commissioner that the activity is consistent with all applicable standards and criteria in Section 25-68d of the General Statutes and Sections 25-68h-1 through 25-68h-3, inclusive, of these regulations. Certification shall be made on a form prescribed by the Commissioner and the level of detail of the certification shall be commensurate with the size, complexity and probable impact of the activity. Certification shall include, but not be limited to, a description of the proposed activity, an affirmation that the activity is consistent with all applicable standards and criteria, and, where applicable, certifications from a registered architect or engineer. Any agency providing grants or loans for an activity shall also demonstrate its ability to guarantee that all requirements of Section 25-68d of the General Statutes and Section 25-68h-1 through 25-68h-3, inclusive, of these regulations will be complied with by the person or persons receiving the grant or loan. Unless requested by the Commissioner, the background materials supporting the certification, including but not limited to plans, analyses and engineering calculations, need not be submitted along with the certification. Such background materials shall be retained by the agency proposing or undertaking any activity and shall be available for inspection by the Commissioner for a period of five years following completion of construction. The certification shall be signed by the head of the agency or his or her designated agent. (2) Where two or more state agencies cooperate in proposing or undertaking an activity one agency may be designated to prepare the certification and to serve as a point of contact, however, the head of each agency shall sign the certification and each agency shall share the responsibility for the scope and content of the documents prepared pursuant to these regulations. (d) Rendering a Decision. The Commissioner shall make a decision either approving or rejecting a certification within ninety days of its receipt and shall notify the agency or agencies in writing of the decision. In the event that a certification is rejected, the Commissioner shall provide the reasons for the rejection and where possible suggestions for modifications or additional information which would make the certification acceptable. If a certification is rejected the agency or agencies having submitted it may request a hearing pursuant to Section 4-177 of the General Statutes. (e) Revocation. If the Commissioner determines after approving a certification for an activity, critical activity or program that the agency or agencies which submitted the certification failed to comply with the provisions of Section 25-68d of the General Statutes or these regulations, then the Commissioner may revoke approval of the certification. Such revocation shall be in writing and provide the reasons for the revocation and where possible suggestions for modifications or additional information which would make the certification acceptable. (f) Exemption. Any state agency or agencies proposing or undertaking an activity within or affecting the floodplain may apply to the Commissioner for exemption from the provisions of subsection (b) of Section 25-68d of the General Statutes and Sections 25-68h-1 through 25-68h-3, inclusive of these regulations in accordance with subsection (d) of Section 25-68d of the General Statutes.