Connecticut Resources

Southern New England Summary Sheet

Private Shellfish Grounds in Connecticut

Neck River Shellfish Restoration Field Project

Maps and Data

Access the North Atlantic Coast Ecoregional Assessment

The Nature Conservancy's Connecticut Chapter

State Agency Contact Database

Connecticut Analysis

Status: In-depth

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

Marine Conservation Agreements

In 2009, The Nature Conservancy completed a formal analysis of the laws, policies, practices and spatial data regarding leasing and private ownership of shellfish grounds in Connecticut (a Summary Sheet and the full report, Private Shellfish Grounds in Connecticut, can be accessed from the Resources Box). The Conservancy found two precedents which indicate that both leasing and ownership of shellfish grounds for the purpose of conservation occur in practice. The first was a shellfish aquaculture lease formerly held by a private entity for the purpose of restoration of disease resistant oyster populations in the Neck River in Madison, CT (see Resources Box). The second was a 0.3 acre parcel of shellfish grounds owned by the Branford Land Trust.

TNC’s analysis was limited to municipal waters (north of the “State Jurisdiction Line”) because they encompass much of the most ecologically valuable and sensitive environments in Long Island Sound. The study area was further limited to include only the 13,611-acres of municipal waters in the adjacent towns of Branford, Guilford, Madison and Clinton. A total of 1,962-acres (14.4% of the study area) of privately owned shellfish ground designations were documented and delineated within the study area. Several important additional findings were made through the analysis:

• The state of Connecticut holds title in the form of a trust for the benefit of the people of Connecticut to all submerged lands within the study area, and likely within the state’s jurisdiction.
• The state is free to transfer the jus privatum (private property rights) component of the submerged lands title to a private entity, so long as in so doing the jus publicum (public trust) component is not “substantially impaired.”
• Since at least 1845, coastal towns of Connecticut (acting as agents of the state) have exercised their authority to transfer private property rights to submerged lands by designating shellfish grounds within town waters and conveying to private entities the exclusive rights to cultivate and harvest shellfish within such grounds in perpetuity.
• The original grants were for the purpose of cultivating and harvesting shellfish and irrespective of the particular legislation extant at the time of the designation at issue, it is clear that the intent of all the enabling legislation was for the shellfish grounds to be used for shellfishing. If they were not so used, the original legislation contained an express procedure for revoking those designations within the first five years. As a general matter, it would appear that the conveyance of proprietary rights to submerged land for the purpose of conservation would not be a violation of the state’s interpretation of the Public Trust Doctrine. However, there is no precedent of conveyance for this purpose and no indication that any purpose of ownership other than cultivation and harvesting of shellfish has been validated by the state or the courts.
• The state is not permitted to transfer any private property rights to officially designated “natural oyster and clam beds.”
• Theoretically, cases may exist where the public and private component of title to submerged land was transferred by the King and Crown of England to a private party prior to statehood. If an intact title history were documented for such a hypothetical property it would not be subject to the Public Trust Doctrine. However, no such cases of submerged private lands were discovered in the study area.
• By statute, the state has jurisdiction and control over all shellfisheries south of a mapped line (referred to as the “State Jurisdiction Line”) and all other shellfisheries are within the jurisdiction and control of the towns in which they are located. However, towns do not have authority to permit aquaculture structures, license harvesters or classify shellfish waters.
• It is likely that significant additional designations were once made and that the current owners (who may be the heirs of the original owners) of these “forgotten” designations may be unaware of their ownership.
• In addition to designations, three out of four of the towns in the study area have active commercial shellfish programs whereby local shellfish commissioners grant rights (in submerged lands which are not subject to designations, natural beds or recreational beds) to cultivate and harvest shellfish for a limited term. These rights are conveyed by instruments referred to as either leases or licenses. Although they would seem to be most accurately referred to as licenses, several shellfish commissions use the term lease, as a result both terms will be used interchangeably in this report.
• Depending upon the proposed shellfish related activity on a parcel of submerged land, different licenses and/or permits are required from the Connecticut Department of Agriculture Bureau of Aquaculture (CT DA/BA), the Connecticut Department of Environmental Protection and/or the United States Army Corps of Engineers. No permit specific to shellfish enhancement or restoration exists.

Promising opportunities exist to acquire designations or work with local shellfish commissions to demonstrate ecologically sustainable aquaculture practices. Before any such activity it would be necessary to consult with the CT DA/BA and the local municipal shellfish commission in regards to an appropriate management plan and to ensure that the requirement for “a good faith effort to harvest and cultivate shellfish” was being met. If organizations pursue MCAs in Connecticut, several local, state, and federal authorizations may be required. 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

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