Section 25-37d-2 - Standards of review of application(a) Once a complete application has been received, the Commissioner shall review the proposed action in accordance with the performance criteria set forth herein in order to determine whether the proposed action may have a significant adverse impact upon the present and future purity and adequacy of the public drinking supply.(b) The Commissioner shall not grant a permit for the sale, lease or assignment of Class I land.(c) The Commissioner shall not grant a permit for a change in use of Class I land unless the applicant demonstrates that such change will not have a significant adverse impact upon the present and future purity and adequacy of the public drinking water supply. (1) The performance criteria which shall be applied in determining whether the proposed change in use of Class I land may have a significant adverse impact upon the present and future purity and adequacy of the public drinking water supply are as follows. The Commissioner shall give due consideration to whether or not the proposed change in use will: (A) Create an intentional or unintentional point or non-point source of contamination;(B) disturb ground vegetation on surface public drinking supply watersheds except as required for water supply maintenance and improvement;(C) create subsurface sewage disposal systems;(D) create wheeled, tracked or hoofed transport of any kind on surface public drinking supply watersheds except as required to manage the watershed or that which is under water utility control, and except as specifically allowed under section 25-43c(a) of the Connecticut General Statutes.(d) The Commissioner shall not grant a permit for the sale, lease, assignment or change in use of any land in Class II unless the applicant demonstrates that the proposed sale, lease, assignment or change in use will not have a significant adverse impact upon the purity and adequacy of the public drinking supply, and that any use restrictions which the Commissioner requires as a condition of granting a permit can be enforced against subsequent owners, lessees and assignees. (1) The performance criteria which shall be applied in determining whether the proposed action within the various categories of Class II lands may have a significant adverse impact upon the present and future purity and adequacy of the public drinking water supply are as follows. The Commissioner shall give due consideration to whether or not the proposed change in use will: (A) Category 1. (i) Create an intentional or unintentional point or non-point source of contamination. Adequate man-made interception and control safeguards as approved by the Department of Public Health may be considered;(ii) prevent maintenance of ground vegetation for more than one growing season on surface public drinking water supply watersheds except as required for water supply maintenance and improvement or as associated with access to or underlying a habitable structure whose use meets the requirements of (i) above;(iii) significantly decrease the adequacy of water supply through: loss of aquifer recharge area for infiltration due to impervious land cover; reduction of hydraulic connection between stream and aquifer due to siltation; decrease in stream flow available for induction due to increased surface water run-off rates;(iv) allow subsurface sewage disposal systems in areas with shallow to bedrock soils, twenty (20) inches or less, poorly drained, and very poorly drained soils. Where subsurface sewage disposal systems are proposed, the design and installation of such systems will be in accord with Department of Public Health regulations and shall use seepage rates that do not exceed that of the existing soils on the site. Seepage rates in fill sections will not be used in the system design.(B) Category 2. (i) Create an intentional or unintentional point or non-point source of contamination. Adequate man-made interception and control safeguards approved by the Department of Public Health may be considered;(ii) permanently disturb ground vegetation in areas with present slopes greater than five percent (5%) except that required for water supply maintenance and improvement, or that associated with access to or underlying a habitable structure whose use meets the requirements of (i) above.(C) Category 3. (i) Create an intentional or unintentional point or non-point source of contamination. Adequate man-made interception and control safeguards approved by the Department of Public Health may be considered.(D) Category 4.(i) Create interstate, state, or town roadways or mainline railroads except to provide access for allowable uses;(ii) encourage uncontrolled access by the general public.(e) In determining the conditions and restrictions in use necessary to maintain the adequacy and purity of the public drinking water supply due consideration must be given to: (1) the creation of point or non-point sources of contamination;(2) the disturbance of ground vegetation;(3) the creation of subsurface sewage disposal systems;(4) the degree of water treatment provided;(5) any other significant potential source of contamination of the public drinking water supply;(6) the decrease in both surface and groundwater supplies resulting from or caused by the increased run-off due to proposed changes in land use;(7) the legal adequacy of the deed control mechanisms enforceable against subsequent owners, lessees and assignees, together with any other land use control mechanisms available and suitable for such purposes;(8) the available dilution and the natural purification process of the receiving stream and the residence time and natural purification processes in the receiving reservoir; and(9) the distance between the proposed change and the beneficial effect of all intervening wetlands.Conn. Agencies Regs. § 25-37d-2
Effective February 6, 1980; Amended September 6, 2006