Substitute Senate Bill No. 568
Substitute Senate Bill No. 568
PUBLIC ACT NO. 96-157
AN ACT CONCERNING WETLANDS AND WATERCOURSES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 22a-38 of the general
statutes, as amended by section 92 of public act
95-79 and section 1 of public act 95-313, is
repealed and the following is substituted in lieu
thereof:
As used in [sections 22a-36 to 22a-45,
inclusive] SECTIONS 22a-36 TO 22a-38, INCLUSIVE,
AS AMENDED BY THIS ACT, SECTION 22a-39, AS AMENDED
BY SECTION 2 OF PUBLIC ACT 95-323, AND SECTIONS
22a-40 TO 22a-45a, INCLUSIVE, AS AMENDED BY THIS
ACT:
(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
[United States Civil Service Commission] 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-45, inclusive] SECTIONS 22a-36 TO 22a-38,
INCLUSIVE, AS AMENDED BY THIS ACT, SECTION 22a-39,
AS AMENDED BY SECTION 2 OF PUBLIC ACT 95-313, AND
SECTIONS 22a-40 TO 22a-45a, INCLUSIVE, AS AMENDED
BY THIS ACT;
(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 [one] 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.
Sec. 2. Section 22a-41 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) In carrying out the purposes and policies
of [sections 22a-36 to 22a-45, inclusive,] 22a-36
TO 22a-38, INCLUSIVE, AS AMENDED BY THIS ACT,
SECTION 22a-39, AS AMENDED BY SECTION 2 OF PUBLIC
ACT 95-313, AND SECTIONS 22a-40 TO 22a-45a,
INCLUSIVE, AS AMENDED BY THIS ACT, 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
[action] REGULATED ACTIVITY ON WETLANDS OR
WATERCOURSES;
(2) [The alternatives to the proposed action]
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 [short-term uses
of the environment and the maintenance and
enhancement of long-term productivity] 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
commitments of resources which would be involved
in the proposed activity] 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) [The suitability or unsuitability of such
activity to the area for which it is proposed]
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, AS AMENDED BY
SECTION 2 OF PUBLIC ACT 95-313 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.
Sec. 3. Section 22a-42 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) To carry out and effectuate the purposes
and policies of [sections 22a-36 to 22a-45,
inclusive] SECTIONS 22a-36 TO 22a-38, INCLUSIVE,
AS AMENDED BY THIS ACT, SECTION 22a-39, AS AMENDED
BY SECTION 2 OF PUBLIC ACT 95-313, AND SECTIONS
22a-40 TO 22a-45a, INCLUSIVE, AS AMENDED BY THIS
ACT, 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] SECTIONS
22a-36 TO 22a-38, INCLUSIVE, AS AMENDED BY THIS
ACT, SECTION 22a-39, AS AMENDED BY SECTION 2 OF
PUBLIC ACT 95-313, AND SECTIONS 22a-40 TO 22a-45,
INCLUSIVE, AS AMENDED BY THIS ACT. 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 AMENDED BY SECTION 2 OF PUBLIC ACT
95-313, 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, AS AMENDED BY SECTION 2 OF PUBLIC
ACT 95-313. 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, AS AMENDED BY SECTION 4 OF
THIS ACT.
[(d)] (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.
[(e)] (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] SECTIONS 22a-36 TO 22a-38,
INCLUSIVE, AS AMENDED BY THIS ACT, SECTION 22a-39,
AS AMENDED BY SECTION 2 OF PUBLIC ACT 95-313, AND
SECTIONS 22a-40 TO 22a-45, INCLUSIVE, AS AMENDED
BY THIS ACT, and, a municipality or district, in
acting upon ordinances and regulations shall [give
due consideration to the standards] INCORPORATE
THE FACTORS set forth in section 22a-41, AS
AMENDED BY SECTION 2 OF THIS ACT.
[(f)] (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.
Sec. 4. Section 22a-42a of the general
statutes, as amended by section 3 of public act
95-313, is repealed and the following is
substituted in lieu thereof:
(a) The inland wetlands agencies authorized in
section 22a-42, AS AMENDED BY SECTION 3 OF THIS
ACT, 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, at which parties in interest and citizens
shall have an opportunity to be heard. Notice of
the time and place of such hearing shall be
published in the form of a legal advertisement,
appearing in a newspaper having a substantial
circulation in the municipality at least twice at
intervals of not less than two days, the first not
more than fifteen days nor less than ten days, and
the last not less than two days, before such
hearing, and 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, at which parties in interest and
citizens shall have an opportunity to be heard and
for which notice shall be published in the manner
specified in this subsection. 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 in
the manner provided for establishment of inland
wetlands regulations and boundaries within ninety
days after receipt of such petition. The inland
wetlands agency shall act upon the changes
requested in such petition within sixty days after
the hearing. The petitioner may consent to one or
more extensions of the periods specified in this
subsection for the holding of the hearing and for
action on such petition, provided the total
extension of any such period shall not be for
longer than the original period as specified in
this subsection, or may withdraw such petition.
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 [and] OR watercourse without a permit. Any
person proposing to conduct or cause to be
conducted a regulated activity upon an inland
wetland [and] OR watercourse shall file an
application with the inland wetlands agency of the
town or towns wherein the wetland in question is
located. The application shall be in such form and
contain such information as the inland wetlands
agency may prescribe. The day of receipt of an
application shall be the day of the next regularly
scheduled meeting of such inland wetlands agency,
immediately following the day of submission to
such inland wetlands agency or its agent of such
application, provided such meeting is no earlier
than three business days after receipt, or
thirty-five days after such submission, whichever
is sooner. [No later than sixty-five days after
the receipt of such application, the] THE inland
wetlands agency [may] 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, WATERCOURSES OR A PETITION SIGNED BY AT
LEAST TWENTY-FIVE PERSONS REQUESTING A HEARING IS
FILED WITH THE AGENCY NOT LATER THAN THIRTY DAYS
AFTER THE SUBMISSION OF SUCH APPLICATION OR THE
AGENCY FINDS THAT A PUBLIC HEARING REGARDING SUCH
APPLICATION WOULD BE IN THE PUBLIC INTEREST. SUCH
HEARING SHALL BE HELD NO LATER THAN SIXTY-FIVE
DAYS AFTER THE RECEIPT OF SUCH APPLICATION. Notice
of the hearing shall be published at least twice
at intervals of not less than two days, the first
not more than fifteen days and not fewer than ten
days, and the last not less than two days before
the date set for the hearing in a newspaper having
a general circulation in each town where the
affected wetland [and] OR watercourse, or any part
thereof, is located. All applications and maps and
documents relating thereto shall be open for
public inspection. At such hearing any person or
persons may appear and be heard. The hearing shall
be completed within forty-five days of its
commencement. Action shall be taken on such
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 such application. The
applicant may consent to one or more extensions of
the periods specified in this subsection for the
holding of the hearing and for action on such
application, provided the total extension of any
such period shall not be for longer than the
original period as specified in this subsection,
or may withdraw such application. 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, 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, AS
AMENDED. 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, AS AMENDED BY
SECTION 2 OF THIS ACT, 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 [such] 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] SECTIONS 22a-36 TO 22a-38,
INCLUSIVE, AS AMENDED BY THIS ACT, SECTION 22a-39,
AS AMENDED BY SECTION 2 OF PUBLIC ACT 95-313, AND
SECTIONS 22a-40 TO 22a-45, INCLUSIVE, AS AMENDED
BY THIS ACT. 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. [Any permit issued
under this section shall be valid for five years.
Any regulated activity approved by the agency
shall be completed within one year from the time
such activity is commenced provided the agency may
establish a specific time period within which any
regulated activity shall be conducted and may
require that an activity, once commenced, be
completed within a time period of less than one
year and further provided the agency may extend
(1) the time period of the original permit
provided such period shall not extend beyond ten
years from the date such permit was granted, or
(2) the time period within which an activity, once
commenced, is required to be completed under this
section.] 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 [and] 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 [buffer] areas around
wetlands [areas] 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 [areas]
OR WATERCOURSES and (2) apply only to those
activities which are likely to impact or affect
[an inland] wetlands [area] OR WATERCOURSES.
Sec. 5. Section 22a-42e of the general
statutes is repealed and the following is
substituted in lieu thereof:
An application filed with an inland wetlands
agency which is in conformance with the applicable
inland wetlands regulations as of the date of the
[decision of such agency with respect to] RECEIPT
OF such application shall not be required
thereafter to comply with any change in inland
wetlands regulations, including changes to
setbacks and buffers, taking effect on or after
the date of such [decision] RECEIPT and any appeal
from the decision of such agency with respect to
such application shall not be dismissed by the
Superior Court on the grounds that such a change
has taken effect on or after the date of such
[decision] RECEIPT. The provisions of this section
shall not be construed to apply (1) to the
establishment, amendment or change of boundaries
of inland wetlands or watercourses or (2) to any
change in regulations necessary to make such
regulations consistent with the provisions of this
chapter as of the date of such [decision] RECEIPT.
Approved May 31, 1996