Docks In CT

The Department of Energy and Environmental Protection (DEEP) has jurisdiction over dock permits in CT.; specifically it's Land and Water Resources Division (LWRD). New docks are also regulated by the U. S. Army Corps of Engineers. 

The reasonable right to access navigable water from waterfront property is called a "riparian" or "littoral" right. Here are some key points from DEEP (click here for source)

"If you are a coastal property owner in Connecticut, you have the right to access navigable waters from your property. While you own the area landward of the mean high water elevation, the submerged lands and waters waterward of mean high water are held in trust by the State of Connecticut for the public’s enjoyment."

"Reasonable access can be achieved by launching a boat directly from the shore, by use of a mooring, or by constructing a dock suitable for the site conditions and properly permitted by DEEP and the U.S. Army Corps of Engineers. Littoral access does not imply a right to build whatever size dock or wharf a property owner wishes, nor does it mean that a littoral owner may routinely exclude boats or moorings from the waters in front of his or her property."

"Minimizing the size of the dock is also the best way to avoid potential problems with impacts to tidal wetlands, intertidal flats, and other resources,..."

"While such a structure may not be ideally sized for your vessel and may not provide full tidal-cycle access, in most cases it strikes a balance between your private rights of access and the public’s right to use and enjoy public trust waters."

"Please be aware that it may not be possible for you to have a dock just like your neighbor’s. If your neighbor's dock was authorized many years ago, it was reviewed under a different set of standards than those used by LWRD today. The definition of a minimized dock is continuously refined to reflect our increased knowledge of development pressures and the impact of docks on our coastal resources. By minimizing dock size, the cumulative environmental impacts of all permitted structures is reduced. In some rare cases, unacceptable adverse impacts to coastal resources or navigation may preclude construction of any dock structure."

The simplest permit is called a General Permit. These limitations apply:

 "General Permit (GP) docks may be no larger than a total of 220 square feet waterward of mean high water, and extend no further waterward than to a depth of -4 feet mean low water or a distance 40 feet from mean high water, whichever is shortest. GP docks may only be located where there are no SAVs or tidal wetlands on site"

Clearly the proposed project does not qualify for a General Permit, and will therefore need an Individual permit

The project appears to be in the pre-application process. To submit an application to LWRD you must:

1. Publish a Notice of Application in a newspaper and send a copy of the notice to your town’s chief elected official
2. Pay a permit fee
3. Check with Harbor management commission for conformity with planning
4. Check with the local shellfish commission for existing shellfish leases

Once the Application is submitted

1. The LWRD reviews the application and upon completion of this technical review, tentative determination to approve, to approve with modification, or to deny the permit will be made by the Commissioner of the DEEP.
2. LWRD 
will publish a Notice of Tentative Determination at the expense of the applicant, and public comments will be accepted for a 30 or 40 day period. 
3. For Tidal Wetlands applications, a public hearing will be held upon receipt of a petition signed by at least 25 persons.
4. After public comments are received and considered and any hearings are closed, the Commissioner will issue a final decision on the permit application.







 

"A dock of reasonable size would be acceptable but as presented the planned dock would be an eye-sore and destructive to the shore fauna and flora." concerned resident