An Act Concerning Floodplain Management and Mill Properties

Passed 35 to 0 in the Senate, 142 to 0 in the House in the January to June 2009 Session of the Connecticut General Assembly

The legislation makes the use of old mills on brownfield properties exempt from a floodplain requirement that applies to other state agency actions.

No longer will state agencies wishing to use brownfield mill properties be required to seek the Commissioner of the Department of Environmental Protection’s approval for proposed activity in a floodplain. After October 1, 2009, for mills on brownfields, agencies must only show to the Commissioner’s satisfaction that the activity (1) is subject to state environmental remediation regulations, (2) is limited to the area of the property where mill uses have historically occurred, and (3) complies with the National Flood Insurance Program. An agency proposing a critical activity also must show that the proposed critical activity is above the 500-year flood mark.

People seeking to bring back mills located in floodplains have frequently been thwarted by the state’s floodplain policy. This legislation is intended to ease revitalization of mill properties that are on brownfields in the floodplain.