Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

Connecticut Summary

The Ocean and Coast

The entire 185 miles of Connecticut’s coastline borders Long Island Sound. Connecticut’s territorial waters extend to the Connecticut-New York State border in the middle of Long Island Sound. These estuarine waters cover approximately 384,000 acres of land.1

Conservation Leasing and Ownership

As of June 2007, The Nature Conservancy had not undertaken formal law, policy, or spatial data assessments regarding options for private conservation of submerged lands and related resources in Connecticut. As such, we do not have a clear picture of what is legally possible, nor do we have a clear understanding of the ownership and leasing patterns across the coastal landscape and seascape. We are aware of a private entity holding a shellfish aquaculture lease for restoration purposes on the Neck River (see Resources Box). As such, it appears that some form of conservation leasing is possible. At this time, organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on submerged lands in Connecticut. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands and Tidelands

The terms submerged lands and tidelands are both used in Connecticut to mean lands lying waterward of the mean high water line in tidal, coastal, or navigable waters of the state of Connecticut. This area is defined as public beach in the Connecticut Coastal Management Act. Explaining the context and boundaries will help communicate exactly which areas you are referring to when using different terms. Public trust rights on these lands include “fishing, shellfishing, boating, sunbathing, or simply walking along the beach.”2

The Department of Environmental Protection (DEP) is the primary manager for most aspects of Connecticut’s submerged and coastal lands. DEP issues permits for structures, dredging, filling and other activities in tidelands (see Coastal Zone, below), but does not offer leases at this time. This department is divided into several bureaus and offices that administer and regulate the more specific components of coastal zone management. In regards to submerged lands leasing, the Bureau of Outdoor Recreation, Division of Land Acquisition and Management, offers permits for structures on some submerged lands, but does not offer leases at this time. However, leases for shellfish grounds are available through the Connecticut Department of Agriculture (see Aquaculture section below).

Department of Environmental Protection
Bureau of Outdoor Recreation
79 Elm Street
Hartford, CT 06106-5127
Tel: 860-424-3016

Coastal Zone, Beaches, Water Quality, and Shoreline Development

The Connecticut Department of Environmental Protection (DEP) is responsible for all state environmental regulatory programs affecting tidelands. Many of these programs are coordinated through DEP’s Office of Long Island Sound Programs (OLISP), including the state’s Coastal Management Program, non-point source pollution control, planning, permitting, and water quality. The Coastal Management Program facilitates coordination between federal, state, local and outside agencies to balance protection and management of Connecticut’s coastal resources. OLISP issues permits for projects within the coastal zone, promotes habitat restoration, monitors and regulates water quality issues, and regulates land use changes.

Department of Environmental Protection
Office of Long Island Sound Programs - Bureau of Water Protection and Land Reuse
79 Elm Street
Hartford, CT  06106-5127
Tel: 860-424-3034

Fish and Wildlife

The DEP also manages the fisheries and wildlife within Connecticut. A Conservation and Habitat Enhancement group within DEP brings together fisheries and water management divisions of DEP, OLISP, and other conservation groups to coordinate conservation activities. Any project that could affect fish or fish habitat should contact the Marine Headquarters of DEP, as well as the Conservation and Habitat Enhancement group.

Department of Environmental Protection
Saltwater (Marine Fisheries) Programs
79 Elm Street
Hartford, CT 06106-5127
Tel: 860-424-3000

Aquaculture

The Connecticut Department of Agriculture, Bureau of Aquaculture & Laboratory (DA/BA) maintains an active aquaculture program for the Connecticut portion of Long Island Sound, which includes the leasing of submerged lands for shellfish cultivation and harvest. Shellfish grounds leases are awarded on a competitive bid basis, and the website maintains a list of available grounds for new leases. Additionally, the DA/BA monitors and regulates water quality around shellfish grounds and provides resources for new aquaculture pursuits.

Connecticut Department of Agriculture
Bureau of Aquaculture & Laboratory Services
P.O. Box 97, 190 Rogers Avenue
Milford, CT  06460
Tel: 203-874-0696
Fax: 203-783-9976
Email: dept.agric@snet.net

1 State of Connecticut, Department of Environmental Protection. Connecticut’s Water Resources. (Accessed May 23, 2007.)

2 State of Connecticut, Department of Environmental Protection. 2003. The Public Trust.
(Accessed May 23, 2007.)

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
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U.S. State Summaries
Alabama
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Texas
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Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy