Issues & Action >

History:

The Connecticut Endangered Species Act (CESA), passed in 1989, establishes a program within the DEP to protect vulnerable animals, plants and insects in the state. It is similar to the federal Endangered Species Act, but is based only on the status of the species in Connecticut.

More than 500 plant and animal species are "listed" in one of three categories: endangered, threatened, or special concern. Included on the list are 11 species of mammals, 50 species of birds, 11 species of reptiles, 7 species of amphibians, 7 species of fish, 150 species of insects, and 343 species of plants.

Projects may be required to undergo a Connecticut Endangered Species Act review in order to obtain one of three regulatory approvals:

• Connecticut Environmental Policy Act, which requires environmental review all state-funded projects
• DEP General Permits, which require reviews of private projects of a certain types, sizes or scope
• Army Corps of Engineers Programmatic General Permit for Connecticut, which requires a review of projects that discharge to federally regulated wetlands and watercourses

Problem:

Under the current regulatory framework, information about and requirements to protect endangered species often are not raised until late in the planning or permitting process. This can result in costly delays and revisions for applicants, and less than optimal outcomes for the species affected. This situation could be avoided if information about endangered species were known earlier in the development process.

Some recent examples of projects that have run up against CESA concerns late in the process include:

• Yale Farm in northwest Connecticut, where the project is now awaiting a CESA determination
• Boat launch in Portland proposed on site that supports state-listed Puritan Tiger Beetles
• Pedestrian boardwalk at Silver Sands State Park in Milford proposed at a nesting site for federally threatened Piping Plovers
• Flood control and marsh restoration project in West Haven proposed to dredge nesting site for federally threatened Piping Plovers

The development at Rentschler Field and proposed expansions at Bradley Field and several other state airports also involve potential impacts to endangered species.

Unfortunately, DEP has neither the budget nor the staff to survey or even review every proposed development for potential endangered species impact. A new report by the Council on Environmental Quality indicates that, adjusted for inflation, DEP is receiving approximately $10 million less from the General Fund today than it did when it was founded in 1972, and is operating at 1988 staff levels. A nationwide study by the USFWS, ranks Connecticut 48th in the nation in per capita spending on wildlife. By contrast, more than 1 million state residents participate in wildlife-related recreation, generating an estimated $500 million in sales each year and creating almost 8,000 jobs.

Solution:

The DEP maintains an online database of general information about the location of endangered species in each town. A simple and most cost-effective solution is to require each applicant for a local Inland Wetlands or Planning and Zoning permit to consult the DEP online database and submit: (1) a letter stating they have reviewed the online information; and (2) a copy of the relevant map as part of the local regulatory process.

Local commissions would not have any obligation other than to "check off" receipt of this information. The applicant would thus have advance notice of any potential CESA concern, and could, if they choose to do so, pursue the issue with DEP early on in the development process. The burden would be on the proponent of the activity and not on the state or the local commissions. This requirement would be similar to other notification requirements currently enforced by local land use commissions, for example when development is proposed on public water supply watershed.

Purpose:

To protect the natural resources of the State of Connecticut by ensuring that the potential for impacts to endangered species are considered when projects are being proposed.

Patrick Comins, Audubon Connecticut

Audubon Connecticut, an operating unit of the National Audubon Society with
over 13,000 members in the state, works to protect birds, other wildlife
and their habitats through education, research, conservation and legislative advocacy.