(a) As used in this section and section 25-68i, “floodplain” means that area of a municipality located within the real or theoretical limits of the base flood or base flood for a critical activity, as determined by the municipality or the Federal Emergency Management Agency in its flood insurance study or flood insurance rate map for the municipality prepared pursuant to the National Flood Insurance Program, 44 CFR Part 59 et seq.
(b) Whenever a municipality, pursuant to the National Flood Insurance Program, 44 CFR Part 59 et seq., is required to revise its zoning regulations or any other ordinances regulating a proposed building, structure, development or use located in a floodplain, the revision shall provide for restrictions for flood storage and conveyance of water for floodplains that are not tidally influenced as follows:
(1) Within a designated floodplain, encroachments resulting from fill, new construction or substantial improvements, as defined in 44 CFR Part 59.1, involving an increase in footprint to the structure shall be prohibited unless the applicant provides to the zoning commission certification by a state licensed engineer that such encroachment shall not result in any increase in base flood elevation;
(2) The water holding capacity of the floodplain shall not be reduced by any form of development unless such reduction (A) is compensated for by deepening or widening the floodplain, (B) is on-site, or if adjacent property owners grant easements and the municipality in which the development is located authorizes such off-site compensation, (C) is within the same hydraulic reach and a volume not previously used for flood storage, (D) is hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the hundred-year flood elevation, which would be displaced by the proposed project, and (E) has an unrestricted hydraulic connection to the same waterway or water body; and
(3) Work within adjacent land subject to flooding, including work to provide compensatory storage, shall not result in any increase in flood stage or velocity.
(c) Notwithstanding the provisions of subsection (b) of this section, a municipality may adopt more stringent restrictions for flood storage and conveyance of water for floodplains that are not tidally influenced.
(P.A. 04-144, S. 1.)
See Sec. 25-68k re hazard mitigation and floodplain management grant program.
Structure Connecticut General Statutes
Title 8 - Zoning, Planning, Housing and Economic and Community Development
Section 8-1. - Zoning commissions.
Section 8-1aa. - Ridgeline protection: Definitions.
Section 8-1b. - Alternate members of zoning commission or combined planning and zoning commission.
Section 8-1bb. - Temporary health care structures. Municipal permit required. Municipal opt-out.
Section 8-1c. - Fees for municipal land use applications.
Section 8-1d. - Hours for holding land use public hearings.
Section 8-2a. - Copies of zoning and subdivision regulations to be available.
Section 8-2b. - Use of maps of Soil Conservation Service as standard.
Section 8-2c. - Payment of a fee in lieu of parking requirements.
Section 8-2d. - Planned unit developments under former chapter 124a continue to be valid.
Section 8-2e. - Municipal agreements regarding development rights.
Section 8-2f. - Joint applications necessary for transfer of development rights.
Section 8-2g. - Special exemption from density limits for construction of affordable housing.
Section 8-2i. - Inclusionary zoning.
Section 8-2k. - Zoning regulations re construction near lakes.
Section 8-2l. - Zoning regulations re structures or uses located in floodplain.
Section 8-2m. - Floating and overlay zones and flexible zoning districts.
Section 8-2n. - Zoning regulations re crematories.
Section 8-2o. - Zoning regulations re accessory apartments. Municipal opt-out; exception.
Section 8-2p. - Municipal opt-out re dwelling unit parking space limitations.
Section 8-3b. - Notice to regional council of governments of proposed zone or zone use change.
Section 8-3g. - Regulation of community residences for mentally ill adults and UCONN 2000 projects.
Section 8-3h. - Notice to adjoining municipalities.
Section 8-3j. - Regulation of family child care homes.
Section 8-4. - Zoning commission may be designated as planning and zoning commission.
Section 8-4a. - Zoning or planning commission may be designated as planning and zoning commission.
Section 8-4b. - Change from combined commission to separate commissions.
Section 8-5. - Zoning board of appeals. Alternate members.
Section 8-5a. - Designation of alternate members to act.
Section 8-5b. - Ordinance may provide for appointment of alternate members.
Section 8-6. - Powers and duties of board of appeals.
Section 8-6a. - Appeal to be heard before variance when both joined.
Section 8-7b. - Notice to contiguous municipalities of variance applications.
Section 8-7c. - Disclosure of beneficiaries of real property held in trust.
Section 8-7e. - Notice to adjoining municipalities of applications or requests.
Section 8-8. - Appeal from board to court. Mediation. Review by Appellate Court.
Section 8-8a. - Process for mediation.
Section 8-10. - Appeals procedure to apply to all municipalities.
Section 8-11. - Disqualification of members of zoning authorities.
Section 8-11a. - Disqualification of board member as enforcement officer.
Section 8-12. - Procedure when regulations are violated.
Section 8-12a. - Establishment of municipal penalties for violations of regulations.
Section 8-13. - Controlling requirement in case of variation.
Section 8-13a. - Nonconforming buildings, structures and land uses.