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Section 5 - Activities Regulated By State
SECTION 5 - ACTIVITIES REGULATED BY THE STATE  
                      

5.1     The following activities shall be regulated solely by the Commissioner of
        Environmental Protection:

        a.      Construction and modification of any dam, pursuant to Sections 22a-401
                through 22a-410 of the General Statutes, as amended.

        b.      Construction, encroachment, or placement of any obstruction within stream
                channel encroachment lines, pursuant to Sections 22a-342 through 22a-349
                of the General Statutes, as amended.

        c.      Diversion of water, including withdrawals of surface or ground water in excess of fifty thousand (50,000) gallons per day or any piping, culverting, channelization, relocation, damming or other alteration of the location of flow of any surface waters of the state where the tributary watershed area above the point of such alteration is 100 acres or larger, pursuant to Sections 22a_365 through 22a_378a of the Connecticut General Statutes, as amended.

        d.      Discharges into waters of the State, pursuant to Section 22a-430 of the
                General Statutes, as amended.

        e.      All regulated activities undertaken by any department, Agency, or
                instrumentality of the State of Connecticut.



        f.      Discharge of fill or dredged materials into the wetlands and watercourses of the State pursuant to Section 401 of the Federal Clean Water Act, as amended, for activities regulated by the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act.


5.2     The Commissioner of Environmental Protection shall have exclusive~jurisdiction
        over regulated activities in or affecting wetlands or watercourses, undertaken by
        any department, agency or instrumentality of the State of Connecticut, except
        any local or regional board of education, (1) after~an advisory decision or     permit has been rendered to the commissioner by~the wetland~agency of the       municipality within which such wetland is located or (2) thirty-five days after         receipt by the commissioner of such application, whichever occurs first.


5.3     The Commissioner of Environmental Protection shall have exclusive jurisdiction over activities authorized under a dam repair or removal order issued by the Commissioner of Environmental Protection under Section 22a-402 or a dam construction permit issued by the Commissioner of Environmental Protection under Sections 22a-403 or 22a-41 of the Connecticut General Statutes.