5.1 In addition to any permit or approval required by the Agency, the Commissioner of Environmental Protection shall regulate activities in or affecting wetlands or watercourses subject to the following jurisdiction:
a. Construction, encroachment or placement of any obstruction within stream channel encroachment lines pursuant to Sections 22a-342 through 22a-349 of the Connecticut General Statutes, as amended.
b. Construction or placement of any structure or obstruction within the tidal, coastal or navigable waters of the State pursuant to Section 22a-359 through 22a-363 or in designated tidal wetlands pursuant to Section 22a-28 through 22a-35 of the Connecticut General Statutes, as amended.
c. Diversion of water including withdrawals of surface or groundwater in excess of fifty thousand gallons per day or any piping, culverting, channelization, relocation, damming or other alteration of the location of flow of any surface waters of the state where the tributary watershed area above the point of such alteration is 100 acres or larger, pursuant to sections 22a-365 through 22a-378 of the Connecticut General Statutes, as amended.
d. Discharges into the waters of the State pursuant to Section 22a-430 of the Connecticut General Statutes, as amended.
e. Discharge of fill or dredged materials into the wetlands and watercourses of the State pursuant to Section 401 of the Federal Clean Water Act, as amended, for activities regulated by the U.S. Army Corps of Engineers under Section 404 of the Federal Clean Water Act.
5.2 The Commissioner of Environmental Protection shall have exclusive jurisdiction over regulated activities and other activities, in or affecting wetlands or watercourses, undertaken by any department, agency or instrumentality of the State of Connecticut, except any local or regional Board of Education, pursuant to sections 22a-39 or 22a-45a of the Connecticut General Statues; (1) after an advisory decision on such license or permit has been rendered to the Commissioner by the wetland agency or the municipality within which such wetland is located or (2) thirty-five (35) days after receipt by the Commissioner of such application, whichever occurs first.
5.3 The Commissioner of Environmental Protection shall have exclusive jurisdiction over tidal wetlands designated and regulated pursuant to Sections 22a-28 through 22a-35 of the Connecticut General Statutes.
5.4 The Commissioner of Environmental Protection shall have exclusive jurisdiction over activities authorized under a dam repair or removal order issued by the Commissioner of Environmental Protection under section 22a-402 of the Connecticut General Statutes or a dam construction permit issued by the Commissioner of Environmental Protection under section 22a-403 of the Connecticut General Statutes. Any person receiving such dam repair of removal order or dam construction permit shall not be required to obtain a permit from a municipal wetlands agency for any action necessary to comply with said dam order or to carry out the activities authorized by said dam permit.
| 
