Connecticut State Land Right-of-Way (3-CT-b)
State Land Right-of-Way Process
3-CT-b.1 – Contact agency with jurisdiction over state land to initiate approval process
Prior to initiating construction of a project that requires access to state land, a developer should contact the agency with jurisdiction over the land to determine applicable rules, regulations, and requirements for approval.
3-CT-b.2 to 3-CT-b.3 – Has the Facility Been Approved under the CECPN?
Generally, a developer may not access or acquire state land to construct a transmission facility unless the facility has obtained a Certificate of Environmental Compatibility and Public Need (CECPN) or the Siting Council has determined that the facility will not have a substantial adverse environmental effect. C.G.S. §16-50z(a). In Connecticut, a person must obtain a CECPN from the Siting Council before site preparation, construction, or exercise of eminent domain for the development of a facility that may have a substantial adverse environmental effect. C.G.S. §16-50k(a).
3-CT-b.4 to 3-CT-b.5 – Does the Facility Meet the Exception Requirements?
In limited circumstances the Siting Council may approve the developer’s lease or purchase of or access to state land for the development of the proposed project even if the project has not been approved under a CEPCN and may have a substantial adverse effect on the environment. The Siting Council may find that a project meets the exception requirements in order to:
- Avoid hardship for an owner of property;
- Prevent substantial development along a possible transmission route until it becomes timely for the Siting Council to decide whether a CECPN should be issued for a transmission facility along that route; or
- Allow a modification of boundaries between an existing right-of-way and an adjoining parcel of land for the convenience of the owner of the parcel.
If the project does not meet exception requirements, the developer may initiate the CEPCN process. For more information, see:
3-CT-b.6 – File Statement Describing Property to be Leased or Purchased
If any of the above-mentioned exceptions are met, then prior to making any binding state land lease or purchase agreement with the state land management agency, the developer must file a statement with the Siting Council describing the property and the reason or need for acquiring or accessing the state property. C.G.S. §16-50z(a).
3-CT-b.7 to 3-CT-b.8 – Review Application Materials for Completeness
The Siting Council reviews the statement for technical and administrative completeness.
3-CT-b.9 to 3-CT-b.11 –Does the Siting Council Decide to Hold a Hearing on the Statement?
The developer may enter into a binding land lease or purchase agreement unless the Siting Council determines that a hearing on the property lease or purchaselease or purchase is necessary and gives notice of the hearing within 30 days of the developer filing the statement. C.G.S. §16-50z(a).
If the Siting Council determines that a hearing on the property lease or purchase is required, and gives proper notice of the hearing within the proscribed timeframe, the developer may not acquire the property without the Siting Council’s approval. C.G.S. §16-50z(a).
3-CT-b.12 to 3-CT-b.14 –Review Proposed Land Lease or Purchase for Approval
The Siting Council reviews the proposed land lease or purchase for approval. If the Siting Council approved the proposed land lease or purchase the developer may enter into a lease/purchase agreement with the appropriate state land management agency.
3-CT-b.15 –Appeal Decision (If Applicable)
If the Siting Council does not approve the proposed land lease or purchase for approval, and the developer has exhausted available administrative remedies, then the developer may appeal the Siting Council's decision to Connecticut Superior Court within 45 days of the Siting Council issuing its final decision. C.G.S. §54-4-183.
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