CHAPTER 440* WETLANDS AND WATERCOURSES

CHAPTER 440*
WETLANDS AND WATERCOURSES

*Cited. 183 C. 532, 539. Inland wetlands and watercourses act, Secs. 22a-28-22a-45, cited. 211 C. 416, 427. Inland wetlands and watercourses act, Sec. 22a-28 et seq. cited. 227 C. 71, 84.

Wetlands and watercourses act cited. 21 CA 122, 124. Sec. 22a-28 et seq. cited. 25 CA 401, 402. Inland wetlands and watercourses act Secs. 22a-28-22a-45 cited. 26 CA 564, 566. Cited. 29 CA 469, 476. Cited. 37 CA 348, 351. Wetlands and Watercourses Act Sec. 22a-28-22a-45a cited. 43 CA 227.

Cited. 41 CS 184, 189, 190, 193. Secs. 22a-28-22a-45 cited. Id.

Table of Contents

Sec. 22a-28. (Formerly Sec. 22-7h). Preservation of tidal wetlands. Declaration of policy.
Sec. 22a-29. (Formerly Sec. 22-7i). Definitions.
Sec. 22a-30. (Formerly Sec. 22-7j). Inventory and inspection of tidal wetlands. Regulations.
Sec. 22a-31. (Formerly Sec. 22-7k). Hearing officers.
Sec. 22a-32. (Formerly Sec. 22-7l). Regulated activity permit. Application. Hearing. Waiver of hearing.
Sec. 22a-33. (Formerly Sec. 22-7m). Issuance or denial of permit.
Sec. 22a-34. (Formerly Sec. 22-7n). Appeal.
Sec. 22a-35. (Formerly Sec. 22-7o). Penalty.
Sec. 22a-35a. Tidal wetlands restoration.
Sec. 22a-36. Inland wetlands and watercourses. Legislative finding.
Sec. 22a-37. Short title: Inland Wetlands and Watercourses Act.
Sec. 22a-38. Definitions.
Sec. 22a-39. Duties of commissioner.
Sec. 22a-40. Permitted operations and uses.
Sec. 22a-41. Factors for consideration of commissioner. Finding of no feasible and prudent alternative. Wetlands or watercourses. Habitats. Jurisdiction of municipal inland wetlands agencies.
Sec. 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner.
Sec. 22a-42a. Establishment of boundaries by regulation. Adoption of regulations. Permits. Filing fee.
Secs. 22a-42b and 22a-42c. Notice to adjoining municipalities when traffic, sewer or water drainage and water runoff will affect such municipalities. Notice of application to adjacent municipality re conduct of regulated activities within five hundred feet of its boundaries.
Sec. 22a-42d. Revocation of authority to regulate inland wetlands.
Sec. 22a-42e. Application filed prior to change in inland wetlands regulations not required to comply with change. Exceptions.
Sec. 22a-42f. Notice of application to water company re conduct of regulated activities within watershed of water company.
Sec. 22a-42g. Municipal fine for violation of wetlands regulations.
Sec. 22a-43. Appeals.
Sec. 22a-43a. Findings on appeal. Setting aside or modifying action. Authority to purchase land.
Sec. 22a-44. Penalty. Court orders.
Sec. 22a-45. Property revaluation.
Sec. 22a-45a. General permits for minor activities. Regulations.
Sec. 22a-45b. (Formerly Sec. 19a-93). Elimination of mosquito-breeding places by Commissioner of Environmental Protection.
Sec. 22a-45c. (Formerly Sec. 19a-94). Maintenance of drained land by Commissioner of Environmental Protection.
Sec. 22a-45d. (Formerly Sec. 19a-94a). Contingency plan for controlling mosquito infestation.

Sec. 22a-28. (Formerly Sec. 22-7h). Preservation of tidal wetlands. Declaration of policy. It is declared that much of the wetlands of this state has been lost or despoiled by unregulated dredging, dumping, filling and like activities and that the remaining wetlands of this state are all in jeopardy of being lost or despoiled by these and other activities, that such loss or despoliation will adversely affect, if not entirely eliminate, the value of such wetlands as sources of nutrients to finfish, crustacea and shellfish of significant economic value; that such loss or despoliation will destroy such wetlands as habitats for plants and animals of significant economic value and will eliminate or substantially reduce marine commerce, recreation and aesthetic enjoyment; and that such loss or despoliation will, in most cases, disturb the natural ability of tidal wetlands to reduce flood damage and adversely affect the public health and welfare; that such loss or despoliation will substantially reduce the capacity of such wetlands to absorb silt and will thus result in the increased silting of channels and harbor areas to the detriment of free navigation. Therefore, it is declared to be the public policy of this state to preserve the wetlands and to prevent the despoliation and destruction thereof.

(1969, P.A. 695, S. 2.)

History: Sec. 22-7h transferred to Sec. 22a-28 in 1972.

See Sec. 26-17a re acquisition and preservation of tidal wetlands.

Annotation to former section 22-7h et seq.:

Cited. 161 C. 24.

Annotations to present section:

Cited. 168 C. 349. Cited. 180 C. 521, 524. Cited. 183 C. 532, 537, 545. Cited. 209 C. 544, 562.

Cited. 32 CS 104, 107, 110, 114. Cited. 43 CS 386, 392.

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Sec. 22a-29. (Formerly Sec. 22-7i). Definitions. The following words and phrases, as used in sections 22a-28 to 22a-35, inclusive, shall have the following meanings:

(1) "Commissioner" means the Commissioner of Environmental Protection;

(2) "Wetland" means those areas which border on or lie beneath tidal waters, such as, but not limited to banks, bogs, salt marsh, swamps, meadows, flats, or other low lands subject to tidal action, including those areas now or formerly connected to tidal waters, and whose surface is at or below an elevation of one foot above local extreme high water; and upon which may grow or be capable of growing some, but not necessarily all, of the following: Salt meadow grass (Spartina patens), spike grass (Distichlis spicata), black grass (Juncus gerardi), saltmarsh grass (Spartina alterniflora), saltworts (Salicornia Europaea, and Salicornia bigelovii), sea lavender (Limonium carolinianum), saltmarsh bulrushes (Scirpus robustus and Scirpus paludosus var. atlanticus), sand spurrey (Spergularia marina), switch grass (Panicum virgatum), tall cordgrass (Spartina pectinata), high-tide bush (Iva frutescens var. oraria), cattails (Typha angustifolia, and Typha latifolia), spike rush (Eleocharis rostellata), chairmaker's rush (Scirpus americana), bent grass (Agrostis palustris), and sweet grass (Hierochloe odorata), royal fern (Osmunda regalis), interrupted fern (Osmunda claytoniana), cinnamon fern (Osmunda cinnamomea), sensitive fern (Onoclea sensibilis), marsh fern (Dryopteris thelypteris), bur-reed family (Sparganium eurycarpum, Sparganium androcladum, Sparganium americanum, Sparganium chlorocarpum, Sparganium angustifolium, Sparganium fluctuans, Sparganium minimum), horned pondweed (Zannichellia palustris), water-plantain (Alisma triviale), arrowhead (Sagittaria subulata, Sagittaria graminea, Sagittaria eatoni, Sagittaria engelmanniania), wild rice (Zizania aquatica), tuckahoe (Peltandra virginica), water-arum (Calla palustris), skunk cabbage (Symplocarpus foetidus), sweet flag (Acorus calamus), pickerelweed (Pontederia cordata), water stargrass (Heteranthera dubia), soft rush (Juncus effusus), false hellebore (Veratrum viride), slender blue flag (Iris prismatica pursh), blue flag (Iris versicolor), yellow iris (Iris pseudacorus), lizard's tail (Saururus cernuus), speckled alder (Alnus rugosa), common alder (Alnus serrulata), arrow-leaved tearthumb (Polygonum sagittatum), halberd-leaved tearthumb (Polygonum arifolium), spatter-dock (Nuphar variegatum nuphar advena), marsh marigold (Caltha palustris), swamp rose (Rosa palustris), poison ivy (Rhus radicans), poison sumac (Rhus vernix), red maple (Acer rubrum), jewelweed (Impatiens capensis), marshmallow (Hibiscus palustris), loosestrife (Lythrum alatum, lythrum salicaria), red osier (Cornus stolonifera), red willow (Cornus amomum), silky dogwood (Cornus obliqua), sweet pepper-bush (Clethra alnifolia), swamp honeysuckle (Rhododendron viscosum), high-bush blueberry (Vaccinium corymbosum), cranberry (Vaccinium macrocarpon), sea lavender (Limonium nashii), climbing hemp-weed (Mikania scandens), joe pye weed (Eupatorium purpureum), joe pye weed (Eupatorium maculatum), thoroughwort (Eupatorium perfoliatum);

(3) "Regulated activity" means any of the following: Draining, dredging, excavation, or removal of soil, mud, sand, gravel, aggregate of any kind or rubbish from any wetland or the dumping, filling or depositing thereon of any soil, stones, sand, gravel, mud, aggregate of any kind, rubbish or similar material, either directly or otherwise, and the erection of structures, driving of pilings, or placing of obstructions, whether or not changing the tidal ebb and flow. Notwithstanding the foregoing, "regulated activity" shall not include activities conducted by, or under the authority of, the Department of Environmental Protection for the purposes of mosquito control, conservation activities of the state Department of Environmental Protection, the construction or maintenance of aids to navigation which are authorized by governmental authority and the emergency decrees of any duly appointed health officer of a municipality acting to protect the public health;

(4) "Person" means any corporation, limited liability company, association or partnership, one or more individuals, and any unit of government or agency thereof.

(1969, P.A. 695, S. 1; 1971, P.A. 872, S. 400; 1972, P.A. 132, S. 1; P.A. 77-614, S. 323, 610; P.A. 87-589, S. 7, 87; P.A. 93-381, S. 9, 39; P.A. 95-79, S. 91, 189; 95-257, S. 12, 21, 58; P.A. 97-289, S. 4, 9.)

History: 1971 act defined "commissioner" as commissioner of environmental protection rather than as commissioner of agriculture and natural resources and substituted department of environmental protection for department of agriculture and natural resources "and its related agencies and boards"; 1972 act expanded list of plants common to wetlands in Subdiv. (2); Sec. 22-7i transferred to Sec. 22a-29 in 1972 and references to other transferred sections were revised; P.A. 77-614 replaced state health department with department of health services, effective January 1, 1979; P.A. 87-589 made technical change in Subdiv. (2); P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-289 amended Subdiv. (3) to exclude mosquito control activities of the Commissioner of Environmental Protection from the definition of "regulated activity", deleting reference to Mosquito Control Division of Department of Public Health, effective July 1, 1997.

Cited. 183 C. 532, 537, 545. Cited. 209 C. 544, 562.

Cited. 32 CS 104, 107, 109, 110, 114. Cited. 43 CS 386, 395, 396.

Cited. 43 CS 386, 395.

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Sec. 22a-30. (Formerly Sec. 22-7j). Inventory and inspection of tidal wetlands. Regulations. (a) The commissioner or his authorized representative shall have the right to enter upon any public or private property at reasonable times to carry out the provisions of sections 22a-28 to 22a-35, inclusive. The commissioner may make an inventory of all tidal wetlands within the state. The boundaries of such wetlands shall be shown on suitable reproductions or aerial photographs to a scale of one inch equals two hundred feet with such accuracy that they will represent a class D survey. Such lines shall generally define the areas that are at or below an elevation of one foot above local extreme high water. Such maps shall be prepared to cover entire subdivisions of the state as determined by the commissioner. Upon completion of the tidal wetlands boundary maps for each subdivision, the commissioner shall hold a public hearing. The commissioner shall give notice of such hearing to each owner of record of all lands designated as such wetland as shown on such maps by certified mail, return receipt requested, not less than thirty days prior to the date set for such hearing. The commissioner shall also cause notice of such hearing to be published at least once not more than thirty days and not fewer than ten days before the date set for such hearing in a newspaper or newspapers having a general circulation in the town or towns where such wetlands are located. After considering the testimony given at such hearing and any other facts which may be deemed pertinent and after considering the rights of affected property owners and the purposes of sections 22a-28 to 22a-35, inclusive, the commissioner shall establish by order the bounds of each of such wetlands. A copy of the order, together with a copy of the map depicting such boundary lines, shall be filed in the town clerk's office of all towns affected. The commissioner shall give notice of such order to each owner of record of all lands designated as such wetlands by mailing a copy of such order to such owner by certified mail, return receipt requested. The commissioner shall also cause a copy of such order to be published in a newspaper or newspapers having a general circulation in the town or towns where such wetlands are located. Any person aggrieved by such order may appeal therefrom in accordance with the provisions of section 4-183, except venue for such appeal shall be in the judicial district of New Britain.

(b) The commissioner may periodically inspect the wetlands of the state to determine the necessity for revision or correction of such tidal wetlands boundary maps. If the commissioner finds that wetland areas have been omitted from such maps or uplands have been included within designated wetland boundaries or finds that the natural processes of accretion, reliction, subsidence and erosion have rendered such maps inaccurate he may revise such wetland boundary maps in accordance with the provisions of subsection (a) of this section. Notwithstanding the provisions of subsection (a) and this subsection, any regulated activities conducted upon any wetlands, whether or not such wetlands have been mapped, shall be subject to the provisions of sections 22a-32 to 22a-35, inclusive.

(c) The commissioner shall adopt, in accordance with the provisions of chapter 54, such regulations as said commissioner deems necessary to carry out the provisions of sections 22a-28 to 22a-35, inclusive, and, as applicable, sections 22a-90 to 22a-96, inclusive. Such regulations shall be consistent with the provisions of the federal Coastal Zone Management Act (P.L. 92-583) and the federal regulations adopted thereunder that pertain to tidal wetlands. Such regulations shall be for the purpose of qualifying the state and its municipalities for available federal grants pursuant to said (P.L. 92-583) and for the purpose of permit coordination with other state and federal programs affecting the tidal wetlands of the state. Such regulations shall establish criteria for granting, denying, or limiting permits giving due regard to the impacts of regulated activities on the wetlands of the state, adjoining coastal and tidal resources, navigation, recreation, erosion, sedimentation, water quality and circulation, fisheries, shellfisheries, wildlife, flooding and other natural disasters and water-dependent use opportunities as defined in chapter 444. The commissioner may also adopt, in accordance with the provisions of chapter 54, regulations which set forth informational material describing general categories of regulated activities for the purpose of providing permit applicants with more explicit understanding, provided such informational materials shall be consistent with and shall not increase the discretion granted to the commissioner under the policies, standards and criteria contained in sections 22a-28 and 22a-33 and, as applicable, section 22a-92.

(1969, P.A. 695, S. 3; 1971, P.A. 46, S. 1; 138, S. 1; 870, S. 115; P.A. 74-112, S. 1, 2; P.A. 76-436, S. 598, 681; P.A. 77-603, S. 103, 125; P.A. 78-280, S. 5, 127; P.A. 79-170; P.A. 80-356, S. 2, 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-308, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

History: 1971 acts added provisions granting commissioner or his representative right to enter upon public or private property to carry out provisions of Secs. 22-7h to 22-7o, empowering commissioner to designate areas in danger of despoilment as wetland before maps are prepared, changed "commissioner" to refer to environmental protection commissioner rather than commissioner of agriculture and natural resources, and, effective September 1, 1971, replaced superior court with court of common pleas except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; Sec. 22-7j transferred to Sec. 22a-30 in 1972 and internal references to other transferred sections were revised; P.A. 74-112 added Subsec. (b) re inspection of wetlands and revision of boundary maps; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous appeal provisions with requirement that appeals be made in accordance with Sec. 4-183 but retained venue in Hartford county; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 79-170 required that copies of orders and hearing notice be sent by "certified mail, return receipt requested" rather than by "registered" mail and added Subsec. (c) re commissioner's power to make regulations; P.A. 80-356 detailed subject areas of regulations in Subsec. (c); P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-308 amended Subsecs. (a) and (b) to make the inventory and inspection of tidal wetlands by the commissioner discretionary rather than mandatory deleting provisions in Subsec. (a) re designation of area as wetland before mapping is complete to protect it from despoliation and further provided that certain regulated activities upon tidal wetlands would remain subject to provisions of this chapter regardless of whether they had been mapped; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (a), effective June 29, 1999.

Cited. 168 C. 349. Cited. 183 C. 532, 537, 545. Cited. 209 C. 544, 562.

Cited. 25 CA 401, 403.

Cited. 32 CS 104, 107, 110, 111, 114. Cited. 43 CS 386, 394-396.

Cited. 43 CS 386, 394.

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Sec. 22a-31. (Formerly Sec. 22-7k). Hearing officers. The commissioner shall appoint such hearing officers as may be necessary to carry out the purposes of sections 22a-28 to 22a-35, inclusive.

(1969, P.A. 695, S. 4.)

History: Sec. 22-7k transferred to Sec. 22a-31 in 1972 and references to other transferred sections were updated to reflect numbering change.

Cited. 183 C. 532, 537, 545. Cited. 209 C. 544, 562.

Cited. 32 CS 104, 107, 110, 114.

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Sec. 22a-32. (Formerly Sec. 22-7l). Regulated activity permit. Application. Hearing. Waiver of hearing. No regulated activity shall be conducted upon any wetland without a permit. Any person proposing to conduct or cause to be conducted a regulated activity upon any wetland shall file an application for a permit with the commissioner, in such form and with such information as the commissioner may prescribe. Such application shall include a detailed description of the proposed work and a map showing the area of wetland directly affected, with the location of the proposed work thereon, together with the names of the owners of record of adjacent land and known claimants of water rights in or adjacent to the wetland of whom the applicant has notice. The commissioner shall cause a copy of such application to be mailed to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairman of the conservation commission and shellfish commission of the town or towns where the proposed work, or any part thereof, is located. No sooner than thirty days and not later than sixty days after the receipt of such application, the commissioner or his duly designated hearing officer shall hold a public hearing on such application, provided, whenever the commissioner determines that the regulated activity for which a permit is sought is not likely to have a significant impact on the wetland, he may waive the requirement for public hearing after publishing notice, in a newspaper having general circulation in each town wherever the proposed work or any part thereof is located, of his intent to waive said requirement and of his tentative decision regarding the application, except that the commissioner shall hold a hearing on such application upon receipt of a petition, signed by at least twenty-five persons, requesting such a hearing. The following shall be notified of the hearing by mail not less than fifteen days prior to the date set for the hearing: All of those persons and agencies who are entitled to receive a copy of such application in accordance with the terms hereof and all owners of record of adjacent land and known claimants to water rights in or adjacent to the wetland of whom the applicant has notice. The commissioner shall cause notice of his tentative decision regarding the application and such hearing to be published at least once not more than thirty days and not fewer than ten days before the date set for the hearing in the newspaper having a general circulation in each town where the proposed work, or any part thereof, is located. All applications and maps and documents relating thereto shall be open for public inspection at the office of the commissioner. At such hearing any person or persons may appear and be heard.

(1969, P.A. 695, S. 5, 6; 1971, P.A. 872, S. 401; P.A. 73-590, S. 1, 3; P.A. 93-428, S. 7, 39; P.A. 94-154, S. 1; P.A. 95-218, S. 3.)

History: 1971 act deleted from list of those who receive copies of applications state board of fisheries and game, open spaces section and soil and water conservation section of department of agriculture and natural resources and shellfish commission; Sec. 22-7l transferred to Sec. 22a-32 in 1972; P.A. 73-590 added proviso re waiver of public hearing and petition for hearing; P.A. 93-428 specified that notice include commissioner's tentative decision in cases where he intends to waive hearing, effective July 1, 1993; P.A. 94-154 added provision re waiver or reduction of fees and defined "resource restoration or enhancement activity" (Revisor's note: In the phrase "no sooner than thirty days and not later than sixty days of the receipt of such application," the word "of" was replaced editorially by the Revisors with "after" for grammatical sense); P.A. 95-218 deleted a provision re reduction or waiver of fee for resource restoration or enhancement activities.

Cited. 183 C. 532, 537, 545. Cited. 209 C. 544, 562. Cited. 227 C. 175, 180, 197, 198. Cited. 232 C. 401, 403.

Cited. 25 CA 401, 404.

Cited. 32 CS 104, 107, 110, 114. Cited. 43 CS 386, 387, 390, 391.

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Sec. 22a-33. (Formerly Sec. 22-7m). Issuance or denial of permit. In granting, denying or limiting any permit the commissioner or his duly designated hearing officer shall consider the effect of the proposed work with reference to the public health and welfare, marine fisheries, shellfisheries, wildlife, the protection of life and property from flood, hurricane and other natural disasters, and the public policy set forth in sections 22a-28 to 22a-35, inclusive. The fact that the Department of Environmental Protection is in the process of acquisition of any tidal wetlands by negotiation or condemnation under the provisions of section 26-17a, shall be sufficient basis for denial of any permit. In granting a permit the commissioner may limit or impose conditions or limitations designed to carry out the public policy set forth in sections 22a-28 to 22a-35, inclusive. The commissioner may require a bond in an amount and with surety and conditions satisfactory to him securing to the state compliance with the conditions and limitations set forth in the permit. The commissioner may suspend or revoke a permit if the commissioner finds that the applicant has not complied with any of the conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application. The commissioner may suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application.

(1969, P.A. 695, S. 7; 1971, P.A. 872, S. 402; P.A. 93-428, S. 18, 39.)

History: 1971 act replaced state board of fisheries and game with department of environmental protection; Sec. 22-7m transferred to Sec. 22a-33 in 1972 and internal references to other transferred sections were revised to reflect the change in numbering; P.A. 93-428 deleted requirement that commissioner make specific findings and publish notice of action taken on permit applications, effective July 1, 1993.

Cited. 183 C. 532, 537, 545. Cited. 209 C. 544, 562.

Cited. 32 CS 104, 107, 110, 114. Cited. 43 CS 386, 392.

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Sec. 22a-34. (Formerly Sec. 22-7n). Appeal. (a) An appeal may be taken by the applicant or any person or corporation, municipal corporation or interested community group other than the applicant who has been aggrieved by such order from the denial, suspension or revocation of a permit or the issuance of a permit or conditional permit within thirty days after publication of such issuance, denial, suspension or revocation of any such permit to the superior court for the judicial district of New Britain. If the court finds that the action appealed from is an unreasonable exercise of the police power, it may set aside the order. If the court so finds that the action appealed from constitutes the equivalent of a taking without compensation, and the land so regulated otherwise meets the interests and objectives of sections 22a-28 to 22a-35, inclusive, it may at the election of the commissioner (1) set aside the order or (2) proceed under the provisions of sections 48-12 to 48-14, inclusive, to award damages.

(b) Such appeal shall be brought in accordance with the provisions of section 4-183, except that venue for such appeal shall be in the judicial district of New Britain. Such appeal shall have precedence in the order of trial. The proceedings of the court in the appeal may be stayed by agreement of the parties when a mediation conducted pursuant to section 8-8a commences. Any such stay shall terminate upon conclusion of the mediation.

(c) When the persons who should otherwise be made parties to such appeal are so numerous that it would be impracticable or unreasonably expensive to make them all parties by personal service, the court to which such appeal is taken, or, if said court is not in session, any judge of said court, may order notice of such appeal to be given, by some method other than by personal service, to such of the parties as said court or such judge deems just and equitable, and notice so given shall operate to bind the interests of such parties on such appeal as fully as if personal service had been made upon such parties.

(1969, P.A. 695, S. 8, 9; 1971, P.A. 606; 870, S. 116; 1972, P.A. 108, S. 5; P.A. 76-436, S. 270, 681; P.A. 77-603, S. 12, 125; P.A. 78-280, S. 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29; P.A. 02-132, S. 65.)

History: 1971 acts added Subsec. (c) re notice of appeal when parties to it are numerous, changed time for bringing appeals from "next return day or next but one" after filing of appeal to a return day "not less than twelve or more than thirty days" after service and, effective September 1, 1971, replaced superior court with court of common pleas except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; 1972 act made technical correction in Subsec. (c), replacing superior court with court of common pleas as called for in 1971 act; Sec. 22-7n transferred to Sec. 22a-34 in 1972 and references to other transferred sections were revised to reflect the numbering change; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions in Subsec. (b) with provision requiring that appeals be made in accordance with Sec. 4-183 but retained venue in Hartford county; P.A. 78-280 replaced "Hartford county" with "judicial district of Hartford-New Britain"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsecs. (a) and (b), effective June 29, 1999; P.A. 02-132 amended Subsec. (b) by making a technical change and adding provisions re stay of appeal upon commencement of mediation pursuant to Sec. 8-8a.

Annotation to former section 22-7n(a):

Cited. 161 C. 24.

Annotations to present section:

Cited. 168 C. 349. Cited. 183 C. 532, 537, 545. Cited. 209 C. 544, 562. Cited. 232 C. 401, 403.

Cited. 25 CA 572, 573.

Cited. 32 CS 104, 107, 110, 114. Cited. 43 CS 386, 391.

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Sec. 22a-35. (Formerly Sec. 22-7o). Penalty. Any person who knowingly violates any provision of sections 22a-28 to 22a-35, inclusive, shall be liable to the state for the cost of restoration of the affected wetland to its condition prior to such violation insofar as that is possible, and shall forfeit to the state a sum not to exceed one thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense, and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute a civil action to recover such forfeiture. The Superior Court shall have jurisdiction in equity to restrain a continuing violation of said sections at the suit of any person or agency of state or municipal government.

(1969, P.A. 695, S. 10.)

History: Sec. 22-7o transferred to Sec. 22a-35 in 1972 and internal references to other transferred sections were revised to reflect their changed numbers.

Cited. 183 C. 532, 537, 545. Cited. 193 C. 414, 429. Cited. 209 C. 544, 562. Cited. 227 C. 175, 176, 198, 199.

Cited. 32 CS 104, 107, 110, 114.

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Sec. 22a-35a. Tidal wetlands restoration. The Commissioner of Environmental Protection, within available appropriations and bond authorizations, shall conduct wetlands restoration and enhancement projects, including but not limited to, open water marsh management and coastal culvert and tide gate management. Such projects (1) shall maximize successful recolonization of tidal wetland vegetation and long-term control of mosquitoes, mosquito larvae and mosquito habitats, (2) shall be consistent with the provisions of sections 22a-28 to 22a-30, inclusive, and sections 22a-90 to 22a-112, inclusive, and (3) shall be consistent with preservation, protection and restoration of tidal wetland values.

(P.A. 93-428, S. 28, 39; P.A. 97-289, S. 8, 9.)

History: P.A. 93-428 effective July 1, 1993; P.A. 97-289 added control of mosquito larvae to the requirements for projects under this section, effective July 1, 1997.

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Sec. 22a-36. Inland wetlands and watercourses. Legislative finding. The inland wetlands and watercourses of the state of Connecticut are an indispensable and irreplaceable but fragile natural resource with which the citizens of the state have been endowed. The wetlands and watercourses are an interrelated web of nature essential to an adequate supply of surface and underground water; to hydrological stability and control of flooding and erosion; to the recharging and purification of groundwater; and to the existence of many forms of animal, aquatic and plant life. Many inland wetlands and watercourses have been destroyed or are in danger of destruction because of unregulated use by reason of the deposition, filling or removal of material, the diversion or obstruction of water flow, the erection of structures and other uses, all of which have despoiled, polluted and eliminated wetlands and watercourses. Such unregulated activity has had, and will continue to have, a significant, adverse impact on the environment and ecology of the state of Connecticut and has and will continue to imperil the quality of the environment thus adversely affecting the ecological, scenic, historic and recreational values and benefits of the state for its citizens now and forever more. The preservation and protection of the wetlands and watercourses from random, unnecessary, undesirable and unregulated uses, disturbance or destruction is in the public interest and is essential to the health, welfare and safety of the citizens of the state. It is, therefore, the purpose of sections 22a-36 to 22a-45, inclusive, to protect the citizens of the state by making provisions for the protection, preservation, maintenance and use of the inland wetlands and watercourses by minimizing their disturbance and pollution; maintaining and improving water quality in accordance with the highest standards set by federal, state or local authority; preventing damage from erosion, turbidity or siltation; preventing loss of fish and other beneficial aquatic organisms, wildlife and vegetation and the destruction of the natural habitats thereof; deterring and inhibiting the danger of flood and pollution; protecting the quality of wetlands and watercourses for their conservation, economic, aesthetic, recreational and other public and private uses and values; and protecting the state's potable fresh water supplies from the dangers of drought, overdraft, pollution, misuse and mismanagement by providing an orderly process to balance the need for the economic growth of the state and the use of its land with the need to protect its environment and ecology in order to forever guarantee to the people of the state, the safety of such natural resources for their benefit and enjoyment and for the benefit and enjoyment of generations yet unborn.

(1972, P.A. 155, S. 1.)

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693, 696. "To interpret Sec. 22a-430 as precluding the municipal regulation of sewerage systems would clearly work to undermine some of the basic purposes of the act" as expressed in the statute. 183 C. 532, 538-540, 551. The inland wetlands and watercourses act cited. 186 C. 67, 71. Cited. 193 C. 414, 426. Cited. 196 C. 218, 221. Cited. 203 C. 525, 526, 550, 551. Cited. 209 C. 544, 546, 559, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417. Inland wetlands and watercourses act cited. 212 C. 710, 713, 718, 720, 722, 726; Id., 727, 730; 213 C. 604, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327, 329-333, 335, 336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-169, 171-174, 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713; 219 C. 404, 409. Cited. 220 C. 362, 369; Id., 476, 482. Cited. 226 C. 579, 580, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. Id. Cited. 227 C. 71, 84; Id., 175, 199. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Cited. 229 C. 247, 249, 250, 252. Inland wetlands and watercourses act cited. Id. Cited. Id., 627, 628. Cited. Id., 654, 660. Cited. 235 C. 448, 456. Inland Wetlands and Watercourses Act cited. 242 C. 335. Although one of the broad purposes of act is to prevent "loss of fish and other beneficial aquatic organisms, wildlife and vegetation", when viewed in context of the act as a whole, the intent to protect wildlife is a secondary effect of protecting the wetlands and watercourses themselves. 266 C. 150. Inland Wetlands and Watercourses Act does not provide inland wetlands agencies with jurisdiction to regulate activities that solely affect the wildlife that uses the wetlands and watercourses without affecting the wetlands or watercourses themselves. 269 C. 57.

Cited. 4 CA 271-273. Cited. 5 CA 70, 71. Cited. 6 CA 715, 717, 718. Inland wetlands and watercourses act cited. 12 CA 47-52, 54, 55. Inland wetlands and watercourses act cited. 15 CA 336, 337; 18 CA 440, 448. Cited. 19 CA 713-715. Inland wetlands and watercourses act cited. 20 CA 309, 310, 317. Cited. 25 CA 446, 449. Inland wetlands and watercourses act cited. 26 CA 564, 566; 27 CA 590, 591. Cited. 28 CA 262, 267. Cited. Id., 780, 782, 788, 791. Inland wetlands and watercourses act cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12, 15; Id., 105, 106. Inland wetlands act cited. 30 CA 85, 90, 91, 94. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105, 109; Id., 599, 601, 607; judgment reversed, see 229 C. 627 et seq., see also 36 CA 270 et seq. Inland wetlands and watercourses act cited. 32 CA 799, 806, 810. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385, 389. Cited. 36 CA 270-272, 274, 280. Inland Wetlands and Watercourses Act cited. Id. Cited. 37 CA 166, 170. Inland Wetlands and Watercourses Act cited. Id.

Cited. 32 CS 104, 109. Under the Inland Wetlands and Water Courses Act, sections 22a-36 through 22a-45, commissioner of environmental protection is limited to promulgating regulations and appealing from decisions of municipal commissions. 35 CS 145 et seq. Cited. Id. Nothing obligates commissioner to include "balancing computation" in his opinion relative to economic factors described in this section at risk of nullification of his entire action. This section must yield to section 22a-41 for factors to be considered. 36 CS 1, 3, 4, 6, 8. Cited. 41 CS 444, 450, 452, 454. Cited. 42 CS 57- 59, 68.

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Sec. 22a-37. Short title: Inland Wetlands and Watercourses Act. Sections 22a-36 to 22a-45, inclusive, shall be known and may be cited as the "Inland Wetlands and Watercourses Act".

(1972, P.A. 155, S. 2.)

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693. Cited. 183 C. 532, 537, 539, 540. The inland wetlands and watercourses act cited. 186 C. 67, 71. Cited. 192 C. 247-249. The inland wetlands and watercourses act cited. 193 C. 414- 416, 421; 196 C. 218, 221. Cited. 203 C. 525, 526, 550, 551. Cited. 209 C. 544, 546, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417. Inland wetlands and watercourses act cited. 212 C. 710, 713, 720, 722, 726; Id., 727, 730; 213 C. 604, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327, 329-333, 335, 336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-169, 172-174 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713; 219 C. 404, 409. Cited. 220 C. 362, 369; Id., 476, 482. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. 226 C. 579, 580, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Inland wetlands and watercourses act cited. 229 C. 247, 249, 250, 252. Cited. Id., 627, 628. Cited. Id., 654, 660. Inland Wetlands and Watercourses Act cited. 242 C. 335.

The inland wetlands and watercourses act cited. 4 CA 271, 273. Cited. 5 CA 70, 71. Cited. 6 CA 715, 717, 718. Inland wetlands and watercourses act cited. 12 CA 47-52, 54, 55. Inland wetlands and watercourses act cited. 15 CA 336, 337; 18 CA 440, 448. Cited. 19 CA 713-715. Inland wetlands and watercourses act cited. 20 CA 309, 310, 317; 26 CA 564, 566; 27 CA 590, 591. Inland wetlands and watercourses act cited. 28 CA 780, 782, 788, 791. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12, 15; Id., 105, 106. Inland wetlands act cited. 30 CA 85, 90, 91, 94. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105, 109; Id., 599, 601; judgment reversed, see 229 C. 627 et seq., see also 36 CA 270 et seq. Inland wetlands and watercourses act cited. 32 CA 799, 806, 810. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385, 389. Inland Wetlands and Watercourses Act cited. 36 CA 270- 272, 274, 280; 37 CA 166, 170.

Cited. 35 CS 145-147; 36 CS 1, 3, 4, 6. Cited. 41 CS 444, 450, 452, 454. Cited. 42 CS 57, 59, 68.

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Sec. 22a-38. Definitions. As used in sections 22a-36 to 22a-45a, inclusive:

(1) "Commissioner" means the Commissioner of Environmental Protection;

(2) "Person" means any person, firm, partnership, association, corporation, limited liability company, company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof;

(3) "Municipality" means any town, consolidated town and city, consolidated town and borough, city and borough;

(4) "Inland wetlands agency" means a municipal board or commission established pursuant to and acting under section 22a-42;

(5) "Soil scientist" means an individual duly qualified in accordance with standards set by the federal Office of Personnel Management;

(6) "Material" means any substance, solid or liquid, organic or inorganic, including, but not limited to soil, sediment, aggregate, land, gravel, clay, bog, mud, debris, sand, refuse or waste;

(7) "Waste" means sewage or any substance, liquid, gaseous, solid or radioactive, which may pollute or tend to pollute any of the waters of the state;

(8) "Pollution" means harmful thermal effect or the contamination or rendering unclean or impure of any waters of the state by reason of any waste or other materials discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly to come in contact with any waters;

(9) "Rendering unclean or impure" means any alteration of the physical, chemical or biological properties of any of the waters of the state, including, but not limited to change in odor, color, turbidity or taste;

(10) "Discharge" means the emission of any water, substance or material into waters of the state whether or not such substance causes pollution;

(11) "Remove" includes, but shall not be limited to drain, excavate, mine, dig, dredge, suck, bulldoze, dragline or blast;

(12) "Deposit" includes, but shall not be limited to, fill, grade, dump, place, discharge or emit;

(13) "Regulated activity" means any operation within or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution, of such wetlands or watercourses, but shall not include the specified activities in section 22a-40;

(14) "License" means the whole or any part of any permit, certificate of approval or similar form of permission which may be required of any person by the provisions of sections 22a-36 to 22a-45a, inclusive;

(15) "Wetlands" means land, including submerged land, not regulated pursuant to sections 22a-28 to 22a-35, inclusive, which consists of any of the soil types designated as poorly drained, very poorly drained, alluvial, and floodplain by the National Cooperative Soils Survey, as may be amended from time to time, of the Natural Resources Conservation Service of the United States Department of Agriculture;

(16) "Watercourses" means rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and all other bodies of water, natural or artificial, vernal or intermittent, public or private, which are contained within, flow through or border upon this state or any portion thereof, not regulated pursuant to sections 22a-28 to 22a-35, inclusive. Intermittent watercourses shall be delineated by a defined permanent channel and bank and the occurrence of two or more of the following characteristics: (A) Evidence of scour or deposits of recent alluvium or detritus, (B) the presence of standing or flowing water for a duration longer than a particular storm incident, and (C) the presence of hydrophytic vegetation;

(17) "Feasible" means able to be constructed or implemented consistent with sound engineering principles;

(18) "Prudent" means economically and otherwise reasonable in light of the social benefits to be derived from the proposed regulated activity provided cost may be considered in deciding what is prudent and further provided a mere showing of expense will not necessarily mean an alternative is imprudent.

(1972, P.A. 155, S. 4; P.A. 73-571, S. 2, 9; P.A. 87-533, S. 1, 14; P.A. 95-79, S. 92, 189; 95-313, S. 1; P.A. 96-157, S. 1; 96-269, S. 3, 4.)

History: P.A. 73-571 replaced definition of "conservation commission" with definition of "inland wetlands agency" in Subdiv. (4); P.A. 87-533 amended the definition of "municipality" to exclude metropolitan districts, village, fire and sewer districts, sewer districts and municipal organizations having authority to levy and collect taxes or make charges for its authorized functions; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 95-313 redefined "wetlands" to make spelling and nomenclature corrections and redefined "watercourses" to include vernal or intermittent bodies of water; P.A. 96-157 amended the definition of "soil scientist" to update the reference to the federal Office of Personnel Management, amended the definition of "watercourses" to require evidence of two of the specified characteristics and added the definitions of "feasible" and "prudent"; P.A. 96-269 changed effective date of P.A. 96-157 from October 1, 1996, to January 1, 1997, effective June 12, 1996.

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693. Cited. 183 C. 532, 537, 539, 540. The inland wetlands and watercourses act cited. 186 C. 67, 71. The inland wetlands and watercourses act cited. 196 C. 218, 221. Cited. 203 C. 525, 526, 550, 551. Cited. 209 C. 544, 546, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417, 427. Inland wetlands and watercourses act cited. 212 C. 710, 713, 720, 722, 726; Id., 727, 730; 213 C. 604, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327, 329-333, 335, 336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-170, 172-174, 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713; 219 C. 404, 409. Cited. 220 C. 362, 369; Id., 476, 482. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. 226 C. 579, 580, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Inland wetlands and watercourses act cited. 229 C. 247, 249, 250, 252. Cited. Id., 627, 628. Cited. Id., 654, 660. Inland Wetlands and Watercourses Act cited. 242 C. 335. Definitions of "watercourses" and "wetlands" are limited to physical characteristics and do not include reference to wildlife protection or biodiversity. 266 C. 150.

Cited. 4 CA 271-273. Cited. 5 CA 70, 71. Cited. 6 CA 715, 717, 718. Inland wetlands and watercourses act cited. 12 CA 47-52, 54, 55. Inland wetlands and watercourses act cited. 15 CA 336, 337; 18 CA 440, 448. Cited. 19 CA 713-715. Inland wetlands and watercourses act cited. 20 CA 309, 310, 317; 26 CA 564, 566; 27 CA 590, 591. Inland wetlands and watercourses act cited. 28 CA 780, 782, 788, 791. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12, 15; Id., 105, 106. Inland wetlands act cited. 30 CA 85, 90, 91, 94. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105, 109; Id., 599, 601; judgment reversed, see 229 C. 627 et seq., see also 36 CA 270 et seq. Inland wetlands and watercourses act cited. 32 CA 799, 806, 810. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385, 389. Inland Wetlands and Watercourses Act cited. 36 CA 270-272, 274, 280; 37 CA 166, 170.

Cited. 35 CS 145-147; 36 CS 1, 3, 4, 6. Cited. 41 CS 444, 450, 452, 454. Cited. 42 CS 57, 59, 68.

Cited. 227 C. 175, 198.

Cited. 183 C. 532, 542. Cited. 203 C. 525, 543.

Cited. 180 C. 692, 700. Cited. 183 C. 532, 534, 542, 549, 552. Cited. 192 C. 591, 599. Cited. 193 C. 414, 422. Cited. 196 C. 218, 222. Cited. 203 C. 525, 551. Cited. 216 C. 320, 331. Cited. 227 C. 175, 198.

Cited. 20 CA 309, 311. Cited. 29 CA 12, 16. Cited. 31 CA 105, 107.

Cited. 183 C. 532, 534, 545. Cited. 186 C. 67, 71. Cited. 215 C. 616, 632.

Cited. 43 CA 239.

Cited. 183 C. 532, 534, 545, 546.

Access way that would more than double the impact to the wetlands is not a prudent alternative. 79 CA 49.

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Sec. 22a-39. Duties of commissioner. The commissioner shall:

(a) Exercise general supervision of the administration and enforcement of sections 22a-36 to 22a-45, inclusive;

(b) Develop comprehensive programs in furtherance of the purposes of said sections;

(c) Advise, consult and cooperate with other agencies of the state, the federal government, other states and with persons and municipalities in furtherance of the purposes of said sections;

(d) Encourage, participate in or conduct studies, investigations, research and demonstrations, and collect and disseminate information, relating to the purposes of said sections;

(e) Retain and employ consultants and assistants on a contract or other basis for rendering legal, financial, technical or other assistance and advice in furtherance of any of its purposes, specifically including, but not limited to, soil scientists on a cost-sharing basis with the United States Soil Conservation Service for the purpose of (1) completing the state soils survey and (2) making on-site interpretations, evaluations and findings as to soil types;

(f) Adopt such regulations, in accordance with the provisions of chapter 54, as are necessary to protect the wetlands or watercourses or any of them individually or collectively;

(g) Inventory or index the wetlands and watercourses in such form, including pictorial representations, as the commissioner deems best suited to effectuate the purposes of sections 22a-36 to 22a-45, inclusive;

(h) Grant, deny, limit or modify in accordance with the provisions of section 22a-42a, an application for a license or permit for any proposed regulated activity conducted by any department, agency or instrumentality of the state, except any local or regional board of education, (1) after an advisory decision on such license or permit has been rendered to the commissioner by the wetland agency of the municipality within which such wetland is located or (2) thirty-five days after receipt by the commissioner of such application, whichever occurs first;

(i) Grant, deny, limit or modify in accordance with the provisions of section 22a-42 and section 22a-42a, an application for a license or permit for any proposed regulated activity within a municipality which does not regulate its wetlands and watercourses;

(j) Exercise all incidental powers including but not limited to the issuance of orders necessary to enforce rules and regulations and to carry out the purposes of sections 22a-36 to 22a-45, inclusive;

(k) Conduct a public hearing no sooner than thirty days and not later than sixty days following the receipt by said commissioner of any inland wetlands application, provided whenever the commissioner determines that the regulated activity for which a permit is sought is not likely to have a significant impact on the wetland or watercourse, he may waive the requirement for public hearing after (1) publishing notice, in a newspaper having general circulation in each town wherever the proposed work or any part thereof is located, of his intent to waive said requirement, and (2) mailing notice of such intent to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairman of the conservation commission and inland wetlands agency of each such town or towns, except that the commissioner shall hold a hearing on such application upon receipt, within thirty days after such notice has been published or mailed, of a petition signed by at least twenty-five persons requesting such a hearing. The commissioner shall (1) publish notice of such hearing at least once not more than thirty days and not fewer than ten days before the date set for the hearing in a newspaper having a general circulation in each town where the proposed work, or any part thereof, is located, and (2) mail notice of such hearing to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairman of the conservation commission and inland wetlands agency of each such town or towns. All applications and maps and documents relating thereto shall be open for public inspection at the office of the commissioner. The commissioner shall state upon his records his findings and reasons for the action taken;

(l) Develop a comprehensive training program for inland wetlands agency members;

(m) Adopt regulations in accordance with the provisions of chapter 54 establishing reporting requirements for inland wetlands agencies, which shall include provisions for reports to the commissioner on permits, orders and other actions of such agencies and development of a form for such reports; and

(n) The commissioner shall issue a certificate to any member of a municipal inland wetlands agency or its staff who completes the training program offered annually by the commissioner for such officials.

(1972, P.A. 155, S. 5; P.A. 77-397; 77-599, S. 1, 7; P.A. 80-16; P.A. 87-533, S. 3, 14; P.A. 95-313, S. 2.)

History: P.A. 77-397 specifically mentioned commissioner's power to issue orders in Subdiv. (h) and added Subdiv. (i) re commissioner's duty to conduct public hearings on inland wetlands applications; P.A. 77-599 inserted new Subdivs. (h) and (i) re commissioner's power to grant, deny, limit or modify applications for permits or licenses and relettered former Subdivs. (h) and (i) as (j) and (k); P.A. 80-16 expanded Subdiv. (k) to include provisions re waiver of hearing requirement and re hearings held upon receipt of petition requesting hearing; P.A. 87-533 amended Subsec. (f) by adding reference to chapter 54 and added Subsec. (l) regarding a training program for inland wetlands agency members and Subsec. (m) regarding adoption by the commissioner of regulations establishing reporting requirements for inland wetlands agencies; P.A. 95-313 added Subsec. (n) re certificate for municipal officials who have completed the training program.

See Sec. 22a-6n re notice of commissioner's determination regarding application under this section.

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693. Cited. 183 C. 532, 533, 537, 539, 540, 544. The inland wetland and watercourses act cited. 186 C. 67, 71. The inland wetlands and watercourses act cited. 196 C. 213, 221. Cited. 203 C. 525, 526, 550, 551. Cited. 209 C. 544, 546, 560, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417. Inland wetlands and watercourses act cited. 212 C. 710, 713, 720, 722, 726; Id., 727, 730; 213 C. 604, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327, 329-333, 335, 336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-169, 172-174, 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713; 219 C. 404, 409. Cited. 220 C. 362, 369; Id., 476, 482. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. 226 C. 579, 580, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Inland wetlands and watercourses act cited. 229 C. 247, 249, 250, 252. Cited. Id., 627, 628. Cited. Id., 654, 660. Cited. 242 C. 335. Inland Wetlands and Watercourses Act cited. Id.

Cited. 4 CA 271-273. Cited. 5 CA 70, 71. Cited. 6 CA 715, 717, 718. Inland wetlands and watercourses cited. 12 CA 47-52, 54, 55. Inland wetlands and watercourses act cited. 15 CA 336, 337; 18 CA 440, 448. Cited. 19 CA 713-715, 718. Inland wetlands and watercourses act cited. 20 CA 309, 310, 317; 26 CA 564, 566; 27 CA 590, 591. Inland wetlands and watercourses act cited. 28 CA 780, 782, 788, 791. Inland wetland and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12, 15; Id., 105, 106. Cited. 30 CA 85, 90, 91, 93, 94. Inland wetlands act cited. Id. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105, 109; Id., 599, 601; judgment reversed, see 229 C. 627 et seq., see also 36 CA 270 et seq. Cited. Id., 643, 646. Inland wetlands and watercourses act cited. 32 CA 799, 806, 810. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385, 389. Inland Wetlands and Watercourses Act cited. 36 CA 270-272, 274, 280; 37 CA 166, 170.

Cited. 35 CS 145-148; 36 CS 1, 3, 4, 6. Cited. 41 CS 184, 189; Id., 444, 450, 452, 454. Cited. 42 CS 57, 59, 68.

Cited. 28 CA 262, 263.

Cited. 231 C. 451, 452, 456, 459-461.

Cited. 41 CS 184, 189-192.

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Sec. 22a-40. Permitted operations and uses. (a) The following operations and uses shall be permitted in wetlands and watercourses, as of right:

(1) Grazing, farming, nurseries, gardening and harvesting of crops and farm ponds of three acres or less essential to the farming operation, and activities conducted by, or under the authority of, the Department of Environmental Protection for the purposes of wetland or watercourse restoration or enhancement or mosquito control. The provisions of this subdivision shall not be construed to include road construction or the erection of buildings not directly related to the farming operation, relocation of watercourses with continual flow, filling or reclamation of wetlands or watercourses with continual flow, clear cutting of timber except for the expansion of agricultural crop land, the mining of top soil, peat, sand, gravel or similar material from wetlands or watercourses for the purposes of sale;

(2) A residential home (i) for which a building permit has been issued or (ii) on a subdivision lot, provided the permit has been issued or the subdivision has been approved by a municipal planning, zoning or planning and zoning commission as of the effective date of promulgation of the municipal regulations pursuant to subsection (b) of section 22a-42a or as of July 1, 1974, whichever is earlier, and further provided no residential home shall be permitted as of right pursuant to this subdivision unless the permit was obtained on or before July 1, 1987;

(3) Boat anchorage or mooring;

(4) Uses incidental to the enjoyment and maintenance of residential property, such property defined as equal to or smaller than the largest minimum residential lot site permitted anywhere in the municipality, provided in any town, where there are no zoning regulations establishing minimum residential lot sites, the largest minimum lot site shall be two acres. Such incidental uses shall include maintenance of existing structures and landscaping but shall not include removal or deposition of significant amounts of material from or onto a wetland or watercourse or diversion or alteration of a watercourse;

(5) Construction and operation, by water companies as defined in section 16-1 or by municipal water supply systems as provided for in chapter 102, of dams, reservoirs and other facilities necessary to the impounding, storage and withdrawal of water in connection with public water supplies except as provided in sections 22a-401 and 22a-403; and

(6) Maintenance relating to any drainage pipe which existed before the effective date of any municipal regulations adopted pursuant to section 22a-42a or July 1, 1974, whichever is earlier, provided such pipe is on property which is zoned as residential but which does not contain hydrophytic vegetation. For purposes of this subdivision, "maintenance" means the removal of accumulated leaves, soil, and other debris whether by hand or machine, while the pipe remains in place.

(b) The following operations and uses shall be permitted, as nonregulated uses in wetlands and watercourses, provided they do not disturb the natural and indigenous character of the wetland or watercourse by removal or deposition of material, alteration or obstruction of water flow or pollution of the wetland or watercourse:

(1) Conservation of soil, vegetation, water, fish, shellfish and wildlife; and

(2) Outdoor recreation including play and sporting areas, golf courses, field trials, nature study, hiking, horseback riding, swimming, skin diving, camping, boating, water skiing, trapping, hunting, fishing and shellfishing where otherwise legally permitted and regulated.

(c) Any dredging or any erection, placement, retention or maintenance of any structure, fill, obstruction or encroachment, or any work incidental to such activities, conducted by a state agency, which activity is regulated under sections 22a-28 to 22a-35, inclusive, or sections 22a-359b to 22a-363f, inclusive, shall not require any permit or approval under sections 22a-36 to 22a-45, inclusive.

(1972, P.A. 155, S. 3; P.A. 73-571, S. 1, 9; P.A. 77-599, S. 2, 7; P.A. 87-533, S. 2, 14; P.A. 88-364, S. 33, 123; P.A. 94-89, S. 15; P.A. 97-289, S. 5, 9; P.A. 98-209, S. 4.)

History: P.A. 73-571 allowed usage of wetlands and watercourses for grazing, farming, etc. purposes, for residential purposes, for boat anchorage or mooring and for water supply purposes "as of right" as was previously the case deleting exception "as they involve regulated activities", but allowed usage "as a nonregulated use ... provided they do not disturb the natural and indigenous character of the land" for conservation of soil, vegetation, etc. and outdoor regulation, where previously these uses too had been "as of right"; P.A. 77-599 amended Subsec. (a)(2) for clarity adding references to approval by municipal planning and zoning commissions and to July 1, 1974, as alternate approval date, amended (a)(4) for clarity by adding words "equal to or smaller than" with reference to lot size, by specifying that incidental uses include "maintenance of existing structures and landscaping" but exclude "removal or deposition of significant amounts of material from or onto a wetland or watercourse or diversion or alteration of a watercourse", amended Subsec. (b) to specifically prohibit removal or deposition of material, alteration or obstruction of water flow or pollution of wetlands or watercourses and to refer to field "trials" rather than field "trails" in (b) (2); P.A. 87-533 amended Subdiv. (1) of Subsec. (a) to require permits for farm ponds not essential to the farming operation, and certain road construction, relocation of wetlands and watercourses with continual flow, clear cutting of timber, and mining for the purposes of sale and amended Subdiv. (2) of Subsec. (a) to require permits for all residential homes after July 1, 1987; P.A. 88-364 made a technical change in Subsec. (a); P.A. 94-89 amended Subsec. (a) to add a new Subdiv. (6) re maintenance of drainage pipes in certain wetlands areas; P.A. 97-289 amended Subdiv. (1) of Subsec. (a) to include in the operations permitted as of right activities of the Commissioner of Environmental Protection re wetland or watercourse restoration and mosquito control, effective July 1, 1997; P.A. 98-209 added new Subsec. (c) re permitted uses by state agencies.

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693, 700. Cited. 183 C. 532, 533, 537, 539, 540, 542. The inland wetlands and watercourses act cited. 186 C. 67, 71. Cited. 193 C. 414, 422. The inland wetlands and watercourses act cited. 196 C. 218, 221, 222. Cited. 203 C. 525, 526, 550, 551. Cited. 209 C. 544, 546, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417. Inland wetlands and watercourses act cited. 212 C. 710, 713, 720, 722, 726; Id., 727, 730; 213 C. 604, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327, 329-333, 335, 336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-169, 172-174, 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713; 219 C. 404, 409. Cited. 220 C. 362, 369; Id., 476, 482. Cited. 226 C. 358, 375. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. Id., 579, 580, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Cited. 229 C. 247, 249, 250-252. Inland wetlands and watercourses act cited. Id. Cited. Id., 627, 628. Cited. Id., 654, 660. Inland Wetlands and Watercourses Act cited. 242 C. 335.

Cited. 4 CA 271-273. Cited. 5 CA 70, 71. Cited. 6 CA 715, 717, 718. Cited. 7 CA 283, 285. Inland wetlands and watercourses act cited. 12 CA 47-52, 54, 55. Inland wetlands and watercourses act cited. 15 CA 336, 337; 18 CA 440, 448. Cited. 19 CA 713-715. Inland wetlands and watercourses act cited. 20 CA 309, 310, 317; 26 CA 564, 566; 27 CA 590, 591. Inland wetlands and watercourses act cited. 28 CA 780, 782, 788, 791. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12, 15; Id., 105, 106. Inland wetlands act cited. 30 CA 85, 90, 91, 94. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105, 109; Id., 599, 601; judgment reversed, see 229 C. 627 et seq., see also 36 CA 270 et seq. Inland wetlands and watercourses act cited. 32 CA 799, 806, 810. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385, 389. Inland wetlands and Watercourses Act cited. 36 CA 270-272, 274, 280; 37 CA 166, 170.

Cited. 35 CS 145-147; 36 CS 1, 3, 4, 6. Cited. 41 CS 444, 450, 452, 454. Cited. 42 CS 57, 59, 68.

Cited. 183 C. 532, 547. Subdiv. (4): Statute intended to apply only to that which is already in existence on residential property, including residence. Id., 532, 534, 547-549. Subdiv. (4) cited. 193 C. 414, 423-425, 427, 433. Subdiv. (1) cited. 215 C. 616, 632. Subdiv. (2): There is no as-of-right exemption from wetlands regulation under this section for construction of houses on subdivision lots existing prior to July 1, 1974, unless a building permit had been issued for such lot prior to July 1, 1987. 229 C. 247-256. P.A. 87-533 cited. Id. Subdiv. (2)(i) cited. Id., 247, 253, 254. Subdiv. (2)(ii) cited. Id., 247, 253, 254, 258. Subdiv. (1) cited. Id., 654, 657.

Subdiv. (2) cited. 7 CA 283, 284. Subdiv. (1): Regulation in effect at time of court decision is controlling. 18 CA 440, 444, 445, 447, 449, 450. Cited. Id., 440, 450. Subdiv. (1) cited. 20 CA 819. Subdiv. (1) cited. 24 CA 163, 165, 168. Subdiv. (1) cited. 31 CA 105, 107.

Subdiv. (1) cited. 193 C. 414, 423, 427, 428, 433. Cited. 217 C. 164, 166.

Cited. 229 C. 247, 251.

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Sec. 22a-41. Factors for consideration of commissioner. Finding of no feasible and prudent alternative. Wetlands or watercourses. Habitats. Jurisdiction of municipal inland wetlands agencies. (a) In carrying out the purposes and policies of sections 22a-36 to 22a-45a, inclusive, including matters relating to regulating, licensing and enforcing of the provisions thereof, the commissioner shall take into consideration all relevant facts and circumstances, including but not limited to:

(1) The environmental impact of the proposed regulated activity on wetlands or watercourses;

(2) The applicant's purpose for, and any feasible and prudent alternatives to, the proposed regulated activity which alternatives would cause less or no environmental impact to wetlands or watercourses;

(3) The relationship between the short-term and long-term impacts of the proposed regulated activity on wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands or watercourses;

(4) Irreversible and irretrievable loss of wetland or watercourse resources which would be caused by the proposed regulated activity, including the extent to which such activity would foreclose a future ability to protect, enhance or restore such resources, and any mitigation measures which may be considered as a condition of issuing a permit for such activity including, but not limited to, measures to (A) prevent or minimize pollution or other environmental damage, (B) maintain or enhance existing environmental quality, or (C) in the following order of priority: Restore, enhance and create productive wetland or watercourse resources;

(5) The character and degree of injury to, or interference with, safety, health or the reasonable use of property which is caused or threatened by the proposed regulated activity; and

(6) Impacts of the proposed regulated activity on wetlands or watercourses outside the area for which the activity is proposed and future activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses.

(b) (1) In the case of an application which received a public hearing pursuant to (A) subsection (k) of section 22a-39, or (B) a finding by the inland wetlands agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the commissioner finds on the basis of the record that a feasible and prudent alternative does not exist. In making his finding the commissioner shall consider the facts and circumstances set forth in subsection (a). The finding and the reasons therefor shall be stated on the record in writing.

(2) In the case of an application which is denied on the basis of a finding that there may be feasible and prudent alternatives to the proposed regulated activity which have less adverse impact on wetlands or watercourses, the commissioner or the inland wetlands agency, as the case may be, shall propose on the record in writing the types of alternatives which the applicant may investigate provided this subdivision shall not be construed to shift the burden from the applicant to prove that he is entitled to the permit or to present alternatives to the proposed regulated activity.

(c) For purposes of this section, (1) "wetlands or watercourses" includes aquatic, plant or animal life and habitats in wetlands or watercourses, and (2) "habitats" means areas or environments in which an organism or biological population normally lives or occurs.

(d) A municipal inland wetlands agency shall not deny or condition an application for a regulated activity in an area outside wetlands or watercourses on the basis of an impact or effect on aquatic, plant, or animal life unless such activity will likely impact or affect the physical characteristics of such wetlands or watercourses.

(1972, P.A. 155, S. 6; P.A. 87-533, S. 4, 14; P.A. 96-157, S. 2; 96-269, S. 3, 4; P.A. 04-209, S. 1.)

History: P.A. 87-533 added Subsec. (b) requiring the commissioner to find that a feasible and prudent alternative does not exist prior to issuing a permit for an application which received a public hearing; P.A. 96-157 amended Subsec. (a) to modify the enumerated factors for consideration and amended Subsec. (b) to provide conditions for hearings governed by that subsection, to provide that findings re feasible and prudent alternatives be on the basis of the record and to add Subdiv. (2) re proposal of alternatives by the agency; P.A. 96-269 changed effective date of P.A. 96-157 from October 1, 1996, to January 1, 1997, effective June 12, 1996; P.A. 04-209 added new Subsec. (c) defining wetlands or watercourses and habitats and new Subsec. (d) re jurisdiction of municipal inland wetlands agencies, effective June 3, 2004.

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693, 701. Cited. 183 C. 532, 533, 537, 539, 540. The inland wetlands and watercourses act cited. 186 C. 67, 71. Under this statute a local inland wetland agency must take into account the environmental impact on the regulated area that is pertinent, not the environmental impact in general. 192 C. 247, 250. The inland wetlands and watercourses act cited. 196 C. 218, 221. Cited. 203 C. 525, 526, 538, 550, 551. Cited. 209 C. 544, 546, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417. Inland wetlands and watercourses act cited. 212 C. 710, 712, 713, 720, 722, 726; Id., 727, 730; 213 C. 604, 606, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327, 329-336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-169, 171-174, 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713; 219 C. 404, 409. Cited. 220 C. 362, 369; Id., 476, 482. Cited. 222 C. 98, 110. Cited. 226 C. 227, 229. Cited. Id., 579, 580, 585, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Inland wetland and watercourses act cited. 229 C. 247, 249, 250, 252. Cited. Id., 227, 228. Cited. Id., 654, 660. Inland Wetlands and Watercourses Act cited. 242 C. 335.

Cited. 4 CA 271-273. Cited. 5 CA 70, 71. Cited. 6 CA 715, 717, 718. Inland wetlands and watercourses act cited. 12 CA 47-52, 54, 55. Inland wetlands and watercourses act cited. 15 CA 336, 337; 18 CA 440, 448. Cited. 19 CA 713-715. Inland wetlands and watercourses act cited. 20 CA 309, 310, 317. Cited. 21 CA 122, 129, 130. Cited. 24 CA 708, 713. Cited. 25 CA 572, 573. Inland wetlands and watercourses act cited. 26 CA 564, 566. Cited. 27 CA 214, 216. Inland wetlands and watercourses act cited. Id., 590, 591. Cited. 28 CA 262, 264, 267. Cited. Id., 780, 782, 786-788, 790, 791. Inland wetlands and watercourses act cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12, 15; Id., 105, 106. Cited. 30 CA 85, 87, 89-95. Inland wetlands act cited. Id. Inland wetland and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105, 109; Id., 599, 601; judgment reversed, see 229 C. 627 et seq., see also 36 CA 270 et seq. Cited. 32 CA 799, 803, 806, 810. Inland wetlands and watercourses act cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 34 CA 385, 389. Inland Wetlands and Watercourses Act cited. 36 CA 270-272, 274, 280; 37 CA 166, 170. Cited. 43 CA 227.

Cited. 35 CS 145-147. Section does not mandate specific reference in the finding and conclusion to any one of the six factors or a "balancing test".36 CS 1, 3, 4, 6, 8. Cited. 41 CS 444, 450, 452, 454. Cited. 42 CS 57, 59, 61, 64, 68.

Cited. 212 C. 710, 720-722. Subdivs. (1)-(6) cited. Id. Cited. 213 C. 604, 610, 611. Cited. 216 C. 320, 333. Cited. 217 C. 164, 173. Cited. 226 C. 579, 586, 597, 598. Subdiv. (1) cited. Id., 579, 599. Subdiv. (4): Mitigation measures are an integral component in the process of approving a permit that seeks to destroy wetland or watercourse resources. Trial court improperly concluded that inland wetlands commission could accept payment of money and in-kind services as mitigation for destruction of wetlands and since the condition of the payment of money and provision of in-kind services was integral to commission's decision to grant the permit, judgment of trial court was reversed and the case remanded with direction to sustain the appeal. 251 C. 269. Local wetlands and watercourses commission, in considering application for permit to conduct a regulated activity, must consider, among other things, any feasible and prudent alternatives to the proposed activity that would cause less or no environmental impact to wetlands or watercourses. 263 C. 572. It is the impact on the regulated area that is pertinent, not the environmental impact in general. Inland wetlands agencies do not have jurisdiction to regulate activities that solely affect the wildlife that use the wetlands and watercourses without affecting the wetlands or watercourses themselves. 269 C. 57.

Cited. 21 CA 122, 127, 129. Cited. 25 CA 446, 450. Cited. 27 CA 214, 216. Cited. 28 CA 262, 267. "All relevant facts" does not include adjacent land when proposed development does not have a significant impact on the wetlands and watercourses. 49 CA 95.

Cited. 42 CS 57, 68.

Cited. 212 C. 710, 726. Cited. 226 C. 227, 229. Cited. Id., 579, 580, 586, 587, 589-591, 593, 596, 598.

Cited. 19 CA 334, 337. Cited. 21 CA 122, 124, 127-130. Cited. 25 CA 446-448, 450. Cited. 27 CA 214, 224, 225. Cited. 28 CA 262, 264. Cited. Id., 435, 438. Cited. 30 CA 85, 89, 92. Cited. 37 CA 166, 168, 173.

Cited. 42 CS 57, 61, 69.

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Sec. 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner. (a) To carry out and effectuate the purposes and policies of sections 22a-36 to 22a-45a, inclusive, it is hereby declared to be the public policy of the state to require municipal regulation of activities affecting the wetlands and watercourses within the territorial limits of the various municipalities or districts.

(b) Any municipality may acquire wetlands and watercourses within its territorial limits by gift or purchase, in fee or lesser interest including, but not limited to, lease, easement or covenant, subject to such reservations and exceptions as it deems advisable.

(c) On or before July 1, 1988, each municipality shall establish an inland wetlands agency or authorize an existing board or commission to carry out the provisions of sections 22a-36 to 22a-45, inclusive. Each municipality, acting through its legislative body, may authorize any board or commission, as may be by law authorized to act, or may establish a new board or commission to promulgate such regulations, in conformity with the regulations adopted by the commissioner pursuant to section 22a-39, as are necessary to protect the wetlands and watercourses within its territorial limits. The ordinance establishing the new board or commission shall determine the number of members and alternate members, the length of their terms, the method of selection and removal and the manner for filling vacancies in the new board or commission. No member or alternate member of such board or commission shall participate in the hearing or decision of such board or commission of which he is a member upon any matter in which he is directly or indirectly interested in a personal or financial sense. In the event of such disqualification, such fact shall be entered on the records of such board or commission and replacement shall be made from alternate members of an alternate to act as a member of such commission in the hearing and determination of the particular matter or matters in which the disqualification arose. For the purposes of this section, the board or commission authorized by the municipality or district, as the case may be, shall serve as the sole agent for the licensing of regulated activities.

(d) At least one member of the inland wetlands agency or staff of the agency shall be a person who has completed the comprehensive training program developed by the commissioner pursuant to section 22a-39. Failure to have a member of the agency or staff with training shall not affect the validity of any action of the agency. The commissioner shall annually make such program available to one person from each town without cost to that person or the town. Each inland wetlands agency shall hold a meeting at least once annually at which information is presented to the members of the agency which summarizes the provisions of the training program. The commissioner shall develop such information in consultation with interested persons affected by the regulation of inland wetlands and shall provide for distribution of video presentations and related written materials which convey such information to inland wetlands agencies. In addition to such materials, the commissioner, in consultation with such persons, shall prepare materials which provide guidance to municipalities in carrying out the provisions of subsection (f) of section 22a-42a.

(e) Any municipality, pursuant to ordinance, may act through the board or commission authorized in subsection (c) of this section to join with any other municipalities in the formation of a district for the regulation of activities affecting the wetlands and watercourses within such district. Any city or borough may delegate its authority to regulate inland wetlands under this section to the town in which it is located.

(f) Municipal or district ordinances or regulations may embody any regulations promulgated hereunder, in whole or in part, or may consist of other ordinances or regulations in conformity with regulations promulgated hereunder. Any ordinances or regulations shall be for the purpose of effectuating the purposes of sections 22a-36 to 22a-45, inclusive, and, a municipality or district, in acting upon ordinances and regulations shall incorporate the factors set forth in section 22a-41.

(g) Nothing contained in this section shall be construed to limit the existing authority of a municipality or any boards or commissions of the municipality, provided the commissioner shall retain authority to act on any application filed with said commissioner prior to the establishment or designation of an inland wetlands agency by a municipality.

(1972, P.A. 155, S. 7; P.A. 73-571, S. 3, 9; P.A. 74-133; P.A. 87-533, S. 5, 14; P.A. 96-157, S. 3; 96-269, S. 3, 4.)

History: P.A. 73-571 clarified provisions, included districts as well as municipalities under provisions, specified that ordinance establishing board or commission should determine number of members, length of terms, etc. in Subsec. (c) and added Subdiv. (2) in Subsec. (f) re commissioner's power to protect wetlands and watercourses if municipality does not exercise its regulatory authority; P.A. 74-133 added provisions re disqualification of members from participation in hearing or decision in which they are directly or indirectly personally or financially involved and selection of alternate in such cases under Subsec. (c); P.A. 87-533 amended Subsec. (a) to require rather than encourage municipal regulation of inland wetlands, amended Subsec. (c) to require all municipalities to establish inland wetlands agencies on or before July 1, 1988, amended Subsec. (d) to authorize towns or boroughs to delegate authority to regulate inland wetlands to the towns in which they are located, deleted former Subsec. (f) re state regulation of inland wetlands, relettering former Subsec. (g) as (f) and adding proviso re commissioner's authority to act on applications filed prior to designation of municipal agency; P.A. 96-157 inserted new Subsec. (d) re training of agency or staff and relettered former subsequent Subsecs. and amended Subsec. (f) to require incorporation of the factors for consideration set forth in Sec. 22a-41 in the agency's regulations or ordinances; P.A. 96-269 changed effective date of P.A. 96-157 from October 1, 1996, to January 1, 1997, effective June 12, 1996.

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693. Cited. 183 C. 532, 533, 537, 539, 540, 551, 552. The inland wetlands and watercourses act cited. 186 C. 67, 71. Cited. 192 C. 247, 249. Cited. 193 C. 414, 421. The inland wetlands and watercourses act cited. 196 C. 218, 221. Cited. 203 C. 525, 526, 550, 551. Cited. 209 C. 544, 546, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417. Inland wetlands and watercourses act cited. 212 C. 710, 713, 720, 722, 726; Id., 727, 730; 213 C. 604, 606, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327-333, 335, 336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-169, 172- 174, 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713. Cited. 219 C. 404, 409, 414. Inland wetlands and watercourses act cited. Id. Cited. 220 C. 362, 369; Id., 476, 482. Cited. 226 C. 579, 580, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Inland wetlands and watercourses act cited. 229 C. 247, 249, 250, 252. Cited. Id., 627, 628. Cited. Id., 654, 657, 660. Cited. 242 C. 335. Inland Wetlands and Watercourses Act cited. Id.

Cited. 4 CA 271-273. Cited. 5 CA 70, 71. Cited. 6 CA 715, 717, 718. Inland wetland and watercourses act cited. 12 CA 47-52, 54, 55. Inland wetlands and watercourses act cited. 15 CA 336, 337; 18 CA 440, 448. Cited. 19 CA 713-715. Inland wetlands and watercourses act cited. 20 CA 309, 310, 317; 26 CA 564, 566; 27 CA 590, 591. Cited. 28 CA 780, 782, 788, 789. Inland wetlands and watercourses act cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12, 15; Id., 105, 106. Inland wetlands act cited. 30 CA 85, 90, 91, 94. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105, 109; Id., 599, 601; judgment reversed, see 229 C. 627 et seq., see also 36 CA 270 et seq. Cited. 31 CA 643, 645, 648. Inland wetlands and watercourses act cited. 32 CA 799, 806, 810. Cited. 34 CA 385, 389, 390. Inland wetlands and watercourses, Sec. 22a-36 et seq. cited. Id. Inland Wetlands and Watercourses Act cited. 36 CA 270-272, 274, 280; 37 CA 166, 170.

Cited. 35 CS 145-147; 36 CS 1, 3, 4, 6. Cited. 41 CS 444, 450, 452, 454. Cited. 42 CS 57, 59, 68.

Cited. 193 C. 414, 421. Cited. 212 C. 710, 720. Subdiv. (5) cited. 217 C. 164, 174. Cited. 229 C. 654, 660. Cited. 231 C. 451, 461.

Cited. 18 CA 440, 446. Cited. 19 CA 713, 718. Cited. 37 CA 166, 170.

Cited. 35 CS 145, 148, 150.

Cited. 183 C. 532, 540, 552. Cited. 186 C. 67, 71. Cited. 193 C. 414, 422. Cited. 203 C. 525, 551. Cited. 209 C. 544, 545, 556, 557, 560, 561. Cited. 216 C. 320, 329, 330, 336. Cited. 226 C. 579, 591, 595. Cited. 229 C. 654, 660.

Cited. 12 CA 47, 48. Cited. 19 CA 713, 718, 719. Cited. 24 CA 708, 712. Disqualification applies to ex officio members. 50 CA 548.

Cited. 35 CS 145, 148. Cited. 43 CS 373, 381.

Cited. 222 C. 98, 100.

Cited. 183 C. 532, 540, 541. Cited. 212 C. 710, 720. Cited. 216 C. 320, 332, 335. Cited. 217 C. 164, 173, 174. Cited. 222 C. 98, 110.

Cited. 229 C. 654, 661-663.

Cited. 19 CA 713, 718.

Cited. 35 CS 145, 148.

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Sec. 22a-42a. Establishment of boundaries by regulation. Adoption of regulations. Permits. Filing fee. (a) The inland wetlands agencies authorized in section 22a-42 shall through regulation provide for (1) the manner in which the boundaries of inland wetland and watercourse areas in their respective municipalities shall be established and amended or changed, (2) the form for an application to conduct regulated activities, (3) notice and publication requirements, (4) criteria and procedures for the review of applications and (5) administration and enforcement.

(b) No regulations of an inland wetlands agency including boundaries of inland wetland and watercourse areas shall become effective or be established until after a public hearing in relation thereto is held by the inland wetlands agency. Any such hearing shall be held in accordance with the provisions of section 8-7d. A copy of such proposed regulation or boundary shall be filed in the office of the town, city or borough clerk as the case may be, in such municipality, for public inspection at least ten days before such hearing, and may be published in full in such paper. A copy of the notice and the proposed regulations or amendments thereto, except determinations of boundaries, shall be provided to the commissioner at least thirty-five days before such hearing. Such regulations and inland wetland and watercourse boundaries may be from time to time amended, changed or repealed, by majority vote of the inland wetlands agency, after a public hearing in relation thereto is held by the inland wetlands agency, in accordance with the provisions of section 8-7d. Regulations or boundaries or changes therein shall become effective at such time as is fixed by the inland wetlands agency, provided a copy of such regulation, boundary or change shall be filed in the office of the town, city or borough clerk, as the case may be. Whenever an inland wetlands agency makes a change in regulations or boundaries it shall state upon its records the reason why the change was made and shall provide a copy of such regulation, boundary or change to the Commissioner of Environmental Protection no later than ten days after its adoption provided failure to submit such regulation, boundary or change shall not impair the validity of such regulation, boundary or change. All petitions submitted in writing and in a form prescribed by the inland wetlands agency, requesting a change in the regulations or the boundaries of an inland wetland and watercourse area shall be considered at a public hearing held in accordance with the provisions of section 8-7d. The failure of the inland wetlands agency to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the petition.

(c) (1) On and after the effective date of the municipal regulations promulgated pursuant to subsection (b) of this section, no regulated activity shall be conducted upon any inland wetland or watercourse without a permit. Any person proposing to conduct or cause to be conducted a regulated activity upon an inland wetland or watercourse shall file an application with the inland wetlands agency of the town or towns wherein the wetland or watercourse in question is located. The application shall be in such form and contain such information as the inland wetlands agency may prescribe. The date of receipt of an application shall be determined in accordance with the provisions of subsection (c) of section 8-7d. The inland wetlands agency shall not hold a public hearing on such application unless the inland wetlands agency determines that the proposed activity may have a significant impact on wetlands or watercourses, a petition signed by at least twenty-five persons who are eighteen years of age or older and who reside in the municipality in which the regulated activity is proposed, requesting a hearing is filed with the agency not later than fourteen days after the date of receipt of such application, or the agency finds that a public hearing regarding such application would be in the public interest. An inland wetlands agency may issue a permit without a public hearing provided no petition provided for in this subsection is filed with the agency on or before the fourteenth day after the date of receipt of the application. Such hearing shall be held in accordance with the provisions of section 8-7d. If the inland wetlands agency, or its agent, fails to act on any application within thirty-five days after the completion of a public hearing or in the absence of a public hearing within sixty-five days from the date of receipt of the application, or within any extension of any such period as provided in section 8-7d, the applicant may file such application with the Commissioner of Environmental Protection who shall review and act on such application in accordance with this section. Any costs incurred by the commissioner in reviewing such application for such inland wetlands agency shall be paid by the municipality that established or authorized the agency. Any fees that would have been paid to such municipality if such application had not been filed with the commissioner shall be paid to the state. The failure of the inland wetlands agency or the commissioner to act within any time period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application.

(2) An inland wetlands agency may delegate to its duly authorized agent the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetland or watercourse provided such agent has completed the comprehensive training program developed by the commissioner pursuant to section 22a-39. Notwithstanding the provisions for receipt and processing applications prescribed in subdivision (1) of this subsection, such agent may approve or extend such an activity at any time. Any person receiving such approval from such agent shall, within ten days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the inland wetlands agency within fifteen days after the publication date of the notice and the inland wetlands agency shall consider such appeal at its next regularly scheduled meeting provided such meeting is no earlier than three business days after receipt by such agency or its agent of such appeal. The inland wetlands agency shall, at its discretion, sustain, alter or reject the decision of its agent or require an application for a permit in accordance with subdivision (1) of subsection (c) of this section.

(d) (1) In granting, denying or limiting any permit for a regulated activity the inland wetlands agency, or its agent, shall consider the factors set forth in section 22a-41, and such agency, or its agent, shall state upon the record the reason for its decision. In granting a permit the inland wetlands agency, or its agent, may grant the application as filed or grant it upon other terms, conditions, limitations or modifications of the regulated activity which are designed to carry out the policy of sections 22a-36 to 22a-45, inclusive. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would (A) prevent or minimize pollution or other environmental damage, (B) maintain or enhance existing environmental quality, or (C) in the following order of priority: Restore, enhance and create productive wetland or watercourse resources. No person shall conduct any regulated activity within an inland wetland or watercourse which requires zoning or subdivision approval without first having obtained a valid certificate of zoning or subdivision approval, special permit, special exception or variance or other documentation establishing that the proposal complies with the zoning or subdivision requirements adopted by the municipality pursuant to chapters 124 to 126, inclusive, or any special act. The agency may suspend or revoke a permit if it finds after giving notice to the permittee of the facts or conduct which warrant the intended action and after a hearing at which the permittee is given an opportunity to show compliance with the requirements for retention of the permit, that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application. The applicant shall be notified of the agency's decision by certified mail within fifteen days of the date of the decision and the agency shall cause notice of their order in issuance, denial, revocation or suspension of a permit to be published in a newspaper having a general circulation in the town wherein the wetland or watercourse lies. In any case in which such notice is not published within such fifteen-day period, the applicant may provide for the publication of such notice within ten days thereafter.

(2) Any permit issued under this section for the development of property for which an approval is required under section 8-3, 8-25 or 8-26 shall be valid for five years provided the agency may establish a specific time period within which any regulated activity shall be conducted. Any permit issued under this section for any other activity shall be valid for not less than two years and not more than five years. Any such permit shall be renewed upon request of the permit holder unless the agency finds that there has been a substantial change in circumstances which requires a new permit application or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued provided no permit may be valid for more than ten years.

(e) The inland wetlands agency may require a filing fee to be deposited with the agency. The amount of such fee shall be sufficient to cover the reasonable cost of reviewing and acting on applications and petitions, including, but not limited to, the costs of certified mailings, publications of notices and decisions and monitoring compliance with permit conditions or agency orders.

(f) If a municipal inland wetlands agency regulates activities within areas around wetlands or watercourses, such regulation shall (1) be in accordance with the provisions of the inland wetlands regulations adopted by such agency related to application for, and approval of, activities to be conducted in wetlands or watercourses and (2) apply only to those activities which are likely to impact or affect wetlands or watercourses.

(P.A. 73-571, S. 4, 9; P.A. 75-387, S. 1; P.A. 77-599, S. 3, 7; P.A. 79-285, S. 1, 2; P.A. 81-125, S. 2; P.A. 83-109; P.A. 87-533, S. 6, 14; P.A. 89-356, S. 16; P.A. 92-148, S. 1, 2; P.A. 93-305; P.A. 95-313, S. 3; P.A. 96-157, S. 4; 96-269, S. 3, 4; P.A. 97-124, S. 10, 16; P.A. 98-209, S. 16; P.A. 99-225, S. 16, 33; P.A. 03-177, S. 11, 12; 03-276, S. 6.)

History: P.A. 75-387 specified in Subsec. (b) that amendment or repeal of regulations takes place only after public hearing is held, moved upper limit for hearing date from sixty to sixty-five days after receipt of application and required that action be taken within sixty-five rather than forty-five days after completion of hearing in Subsec. (c), and required that applicant be notified of decision within fifteen rather than five days after decision reached in Subsec. (d); P.A. 77-599 required that commissioner be sent a copy of changed regulations, boundaries, etc. in Subsec. (b) and a copy of permits or orders issued in Subsec. (d) and required that reasons for a decision be included in the record; P.A. 79-285 required publication of notice twice rather than once and set standards for times of posting and added Subsec. (e) re filing fee; P.A. 81-125 added the word "watercourse" after each use of the words "inland wetland" for consistency with other sections of the chapter; P.A. 83-109 amended Subsec. (c) by establishing the day of receipt of applications for permits to conduct a regulated activity upon an inland wetlands or watercourse; P.A. 87-533 amended Subsec. (a) to require regulations on forms for an application notice and publication requirements, criteria and procedures for review and administrative and enforcement, amended Subsec. (b) to require notice to the commissioner before a public hearing and to delete provision which had authorized imposition of filing fee, amended Subsec. (c) to require that public hearing be completed forty-five days after commencement and to reduce time for action on applications from sixty-five to thirty-five days, amended Subsec. (d) to require zoning compliance before regulated activity is conducted in an inland wetland and to delete provision requiring sending of copy of permit and order to commissioner within ten days of issuance and amended Subsec. (e) to authorize municipalities to charge filing fees sufficient to cover the reasonable cost of reviewing and acting on applications; P.A. 89-356 amended Subsec. (b) to authorize the petitioner to consent to more than one extension of the periods specified for the holding of the hearing and for action on the petition provided the total extension is not for longer than the original period and to add provision that the failure of the agency to act in a timely manner shall not be deemed to constitute approval of the petition, amended Subsec. (c) to add provisions authorizing the applicant to consent to one or more extensions of the time periods for agency action, provided the total extension is not for longer than the original period, or to withdraw the application, authorizing the applicant to file the application with the commissioner of environmental protection for review and action if the agency fails to act within specified time periods or any extension thereof, specifying that the costs of the review by the commissioner shall be paid by the municipality and that fees otherwise payable to the municipality shall be paid to the state, and specifying that the failure of the agency or commissioner to act in a timely manner shall not be deemed to constitute approval of the application, and amended Subsec. (d) to authorize the applicant to provide for the publication of the notice of the decision of the agency when such notice is not published in a timely manner; P.A. 92-148 amended Subsec. (b) to change the required time of the first newspaper advertisement for a hearing under that Subsec. to not more than fifteen days nor less than ten days before such hearing, reducing time frame by ten days, and amended Subsec. (d) to provided for specific time limits for permits issued under that Subsec; P.A. 93-305 amended Subsec. (d) to modify the authority of wetlands agencies re expiration dates of permits and time required for completion of regulated activities; P.A. 95-313 added Subsec. (f) re buffer areas; P.A. 96-157 amended Subsec. (c) to create Subdivs. (1) and (2), amended Subdiv. (1) to condition the holding of public hearings on applications and added Subdiv. (2) to provide for delegation by the agency of certain authority to an agent, amended Subsec. (d) to create Subdivs. (1) and (2) and amended Subdiv. (1) to include references to action by the agent, to provide for terms for permits, deleted provisions re time periods for permits and added Subdiv. (2) re time periods for permits, and amended Subsec. (f) to delete a reference to "buffer" areas and to include references to watercourses; P.A. 96-269 changed effective date of P.A. 96-157 from October 1, 1996, to January 1, 1997, effective June 12, 1996 (Revisor's note: Due to a clerical error in Subsec. (c)(1) the words "... impact on wetlands or watercourses, a petition signed ..." were incorrectly printed in the original engrossed bill version of P.A. 96-157 as "... impact on wetlands, watercourses or a petition signed ..."); P.A. 97-124 amended Subsec. (c) to modify the time period for making a request for a public hearing, to exempt the actions of an agent of the municipal agency from certain time period requirements and to make technical changes, effective June 6, 1997; P.A. 98-209 amended Subsec. (c) to add additional provision for issuance of a permit without a public hearing; P.A. 99-225 amended Subsec. (c)(1) to modify the deadline for receipt of a petition for a public hearing on applications under this section, effective June 29, 1999; P.A. 03-177 amended Subsec. (b) by eliminating provisions re public hearing notice and procedure and the time for an inland wetlands agency to render a decision on a petition and adding provisions requiring public hearing to be conducted in accordance with Sec. 8-7d, and amended Subsec. (c)(1) by replacing provisions re determination of date of receipt of application, public hearing notice and procedure and the time for rendering a decision with provisions requiring public hearing to be conducted in accordance with Sec. 8-7d, effective October 1, 2003, and applicable to applications filed on or after that date; P.A. 03-276 amended Subsec. (c)(1) to add age and residency requirements for persons who sign a petition, effective July 1, 2003.

See Sec. 7-159b re preapplication review of use of property.

Cited. 179 C. 250, 252; 180 C. 421, 423; id., 692, 693. The inland wetlands and watercourses act cited. 186 C. 67, 71. Cited. 192 C. 247, 249, 250. The inland wetlands and watercourses act cited. 196 C. 218, 221. Cited. 203 C. 525, 526, 550, 551. Cited. 209 C. 544, 546, 562. Cited. Id., 652, 654. Cited. 211 C. 416, 417. Inland wetlands and watercourses act cited. 212 C. 710, 713, 720, 722, 726; Id., 727, 730; 213 C. 604, 606, 610, 611. Cited. 216 C. 320, 321, 324, 325, 327, 329-333, 335, 336. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164, 167-169, 172-174, 176, 177. Inland wetlands and watercourses act cited. 218 C. 703-705, 713; 219 C. 404, 409. Cited. 220 C. 362, 369; Id., 476, 482. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. 226 C. 579, 580, 587, 589, 591, 592, 594, 595, 598. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95, 97, 98. Inland wetlands and watercourses act cited. 22