Connecticut Administrative Code › Title 22a - Environmental Protection › 42d - Inland Wetlands › Section 22a-42d-1 - Revocation and reinstatement of municipal authority to regulate inland wetlands

Current through July 10, 2024
(a) In evaluating
			 whether a municipal inland wetland agency is performing its duties pursuant to
			 section
			 22a-42
			 of the General Statutes, as amended, the Commissioner shall consider the
			 standards and criteria established in this section.
(b) If the Commissioner finds that two or
			 more of the following conditions have occurred after the effective date of
			 these regulations, or that any one of the following conditions has occurred
			 more than once after that date, a municipal wetland agency shall be deemed to
			 have consistently failed to perform its duties under section
			 22a-42
			 of the General Statutes, as amended, and the Commissioner may revoke the
			 authority of the municipality to regulate inland wetlands under said section.
(1) Failure to meet or meet in a quorum at
			 regularly scheduled meetings, as established in the municipal enabling
			 ordinance, to consider pending permit applications, pending petitions for map
			 or regulation changes or any other pending business pursuant to the
			 responsibilities of the agency prescribed by sections
			 22a-36
			 through
			 22a-45 of
			 the General Statutes, as amended.
(2) Failure to investigate and initiate
			 enforcement proceedings on any violation of municipal wetland regulations
			 adopted pursuant to section
			 22a-42a
			 of the General Statutes, as amended, within forty-five (45) days of (A)
			 discovery of such violation by a representative of the agency, or (B) receipt
			 by the agency of written notice of the violation from a person who states the
			 nature and location of the violation; or failure thereafter to pursue such
			 enforcement action with due diligence.
(3) Failure to apply the decision making
			 criteria and standards for regulating, licensing, and enforcing the provisions
			 of sections
			 22a-36
			 through
			 22a-45 of
			 the General Statutes, as amended, established in adopted municipal regulations
			 or prescribed in section
			 22a-41
			 of the General Statutes, as amended.
(4) Failure to initiate the adoption of
			 amendments to municipal inland wetland regulations within sixty-five (65) days
			 of receipt by the agency of a notice of nonconformity issued by the
			 Commissioner pursuant to section
			 22a-39 of
			 the General Statutes, as amended, or failure thereafter to pursue adoption of
			 those amendments with due diligence.
(5) Failure to file reports with the
			 Commissioner as required by section
			 22a-39 of
			 the General Statutes, as amended.
(6) Failure to have pending applications for
			 permits and petitions for regulation changes, including map amendments,
			 available for public inspection at reasonable times prior to the meeting during
			 which action is to be taken on them by the wetland agency.
(7) Failure to maintain complete
			 administrative records of municipal wetland agency actions on permit
			 applications, complaints regarding violations, enforcement actions and
			 petitions for changes in the municipal inland wetland regulations or
			 maps.
(8) Failure of any commission
			 member to disqualify himself or herself and to withdraw from any matter before
			 the municipal wetland agency in which the commission member is directly or
			 indirectly interested in a personal or financial sense, or failure to state
			 that fact on the record pursuant to section
			 22a-42(c)
			 of the General Statutes.