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September 2007

Milford, Connecticut Coastal Protection Initiative


Consultancy Contact: Stephen M. Apatow, Director of Research and Development, Humanitarian University Consortium GraduateStudies Center for Medicine, Veterinary Medicine and Law.  Phone: 203-668-0282  Email: s.m.apatow@humanitarian.net

In the Spotlight





Demolition: Asbestos hazmat containment in floodplain,  critical wildlife habitats, a reservoir for sand supply, a buffer for coastal flooding and erosion intact.
Floodplain  reconstruction.


First floor construction (in flood plain) of 4 story residential structure.


Residents along the shoreline in Milford, Connecticut are striving to address challenges associated with (1) severe beach erosion and (2) the potential need for the formation of a coastal planning agency to oversee development of the shoreline.   


Focus issues include coastal policies and definitions outlined by the Department of Environmental Protection: Office of Long Island Sound Programs (Reference Guide to Coastal Policies and Definitions) and include:

  • Degrading visual quality through significant alteration of the natural features of vistas and viewpoints. CGS Section 22a-93(15)(F).
  • "Beaches and Dunes" means beach systems including barrier beach spits and tombolos, barrier beaches, pocket beaches, land contact beaches and related dunes and sandflats. CGS Section 22a-93(7)(C).
  • To preserve the dynamic form and integrity of natural beach systems in order to provide critical wildlife habitats, a reservoir for sand supply, a buffer for coastal flooding and erosion, and valuable recreational opportunities. CGS Section 22a-92(b)(2)(C).
  • To insure that coastal uses are compatible with the capabilities of the system and do not unreasonably interfere with natural processes of erosion and sedimentation. CGS Section 22a-92(b)(2)(C).
  • To encourage the restoration and enhancement of disturbed or modified beach systems. CGS Section 22a-92(b)(2)(C).
  • To require as a condition in permitting new coastal structures, including but not limited to, groins, jetties or breakwaters, that access to, or along, the public beach below mean high water must not be unreasonably impaired by such structures and to encourage the removal of illegal structures below mean high water which unreasonably obstruct passage along the public beach. CGS Section 22a-92(c)(1)(K).

In the context of coastal property development, efforts focused on "Reducing Flood Losses Through the International Codes"
(FEMA: Department of Homeland Security) include:
  • When an applicant proposes activities that involve alteration of a watercourse, IBC Appendix G, Section G103 specifies that the building official shall require the applicant to notify FEMA, the state, and adjacent communities. -- Chapter 4, Section 5.
  • Communities are required to prohibit any floodway encroachments, including fills, new construction, and substantial improvements, if they would cause flood levels to increase more than a designated height. The designated height limit on the allowable increase is found in the floodway tables of a community’s Flood Insurance Study. If a community decides to permit a floodway proposal that could cause an increase in the base flood elevation (BFE), a Conditional Letter of Map Revision (CLOMR) and floodway map revision must be reviewed and issued by FEMA. Preliminary permit approvals should be conditioned on the applicant obtaining the CLOMR. -- Chapter 4, Section 6.
  • Certain ground and building elevations are to be surveyed and certified so that building officials can determine the elevation of the lowest floor. The lowest floor elevation is the most significant element in determining that floodplain construction is compliant. -- Chapter 4, Section 8.
  • FEMA’s Elevation Certificate (FEMA Form 81-31): Surveyor/Engineer. A registered professional who is licensed to perform elevation surveys is required to complete, sign, and affix a professional seal to the documentation of elevations. The documentation must be dated to document when the elevations were surveyed because continuing construction or future modifications could alter and/or outdate the information shown. The registered professional is responsible for obtaining and certifying accurate elevations of key ground and building elevations. -- Chapter 4, Section 8.
  • The 2006 and 2003 IBC. Section 112 creates a board of appeals to hear and decide appeals of orders, decisions, or determinations made by the building official. Specific requirements, considerations, and conditions for issuing variance from floodplain management requirements can be found in IBC Appendix G, Section G105. -- Chapter 4, Section 11.
  • If a municipality meets the requirements of the NFIP through the International Codes only, then they must Adopt the IBC and IBC Appendix G (and by reference the IRC, IEBC, and other I-Codes). -- Figure 6-1.
  • Appendix G103.5 Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land disturbing activity, the building official shall require submission of a certification, along with supporting technical data, that demonstrates that such development will not cause any increase of the level of the base flood. -- Appendix: B-21.
  • Appendix G103.7 Alterations in coastal areas. Prior to issuing a permit for any alteration of sand dunes and mangrove stands in flood hazard areas subject to high velocity wave action, the building official shall require submission of an engineering analysis which demonstrates that the proposed alteration will not increase the potential for flood damage. -- Appendix: B-25.
The key to improved public management of Connecticut's coastal area is coordination at all levels of government and consideration by municipalities of the impact of development on both coastal resources and future water-dependent development opportunities when preparing plans and regulations and reviewing municipal and private development proposals. -- Connecticut Coastal Management Act: Sec. 22a-91 (6)

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