OLR Bill Analysis

HB 5146

AN ACT CONCERNING INLAND WETLANDS AGENCY REPORTS.

SUMMARY:

This bill restores a requirement that zoning commissions “give due consideration” to inland wetlands agency reports when reviewing the following plans or application that involve a regulated wetlands area: (1) a site plan, to help determine the conformity of a proposed building, use, or structure with specific zoning regulations and (2) applications and plans for subdivisions and re-subdivisions. PA 07-102 required that the zoning commissions instead “consider” these reports.

EFFECTIVE DATE: Upon passage

BACKGROUND

Case Law

In case law, to “consider” is to think with care upon a matter (Lake v. Ocean City, 41 A. 427), to reflect on or ponder it (People v. Tru-Sport Pub. Co. , 291 N. Y. S. 449). To “give due consideration” to a particular factor necessarily means to give such weight or significance to it as under the circumstances it seems to merit, and this involves discretion (U. S. ex rel. Maine Potato Growers and Shippers Ass'n. v. Interstate Commerce Commission, 88 F. 2d 780).

COMMITTEE ACTION

Environment Committee

Joint Favorable