Any person can also seek declaratory and equitable relief in court to protect the public trust in natural resources. In addition, the law allows anyone who owns property abutting or within 100 feet of the property subject to a land use action to appeal the decision. Anyone else can appeal only if they demonstrate that they are aggrieved, that is that they have a specific, personal, and legal interest in the case, as distinct from the broader public interest. These provisions apply to cases involving zoning and planning commissions and zoning boards of appeals. While another provision establishes a separate appeals process for developers proposing affordable housing projects, this law does not preclude the right of the developer or another person to appeal under the provision for neighboring property owners.
Federal law has limited relevance to the issue of standing in municipal land use proceedings.
22a-15 states that there is a public trust in the state's air, water, and other natural resources and that each person is entitled to the protection of these resources. It finds that it is in the public interest to provide all persons with an adequate remedy to protect these resources from unreasonable pollution, impairment, or destruction. The statute also authorizes intervention if the conduct is reasonably likely to have such an effect. In such proceedings, the agency must consider the allegation and may not authorize any conduct that has or is likely to have such an effect unless there is no feasible and prudent alternative consistent with the reasonable requirements of public health, safety, and welfare. In making its decision, the agency must consider all relevant surrounding circumstances and factors.