reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-10 - Criteria for review

Current through July 10, 2024
(a) In accordance
			 with section
			 22a-30
			 of the General Statutes, as amended by Public Act 79-170 and Public Act 80-356,
			 the commissioner establishes the criteria of this section for granting, denying
			 or limiting permits giving due regard to the impact 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. These criteria are
			 consistent with and implement the statutory policies and standards contained in
			 sections
			 22a-28
			 and
			 22a-33
			 of the General Statutes and section
			 22a-92
			 of the General Statutes, as amended by Public Act 79-535. The commissioner
			 shall grant, or grant with limitations or conditions a permit to conduct a
			 proposed activity on any wetland only if it is determined that the application
			 is consistent with all applicable criteria set forth herein.
(b)
Criteria for preservation of
			 wetlands and prevention of their despoliation and destruction.
In order
			 to make a determination that a proposed activity will preserve the wetlands of
			 the state and not lead to their despoliation and destruction the commissioner
			 shall, as applicable, find that:
(1) There is
			 no alternative for accomplishing the applicant's objectives which is
			 technically feasible and would further minimize adverse impacts;
(2) Any structure or fill will be no greater
			 in length, width and height than necessary to accomplish its intended
			 function;
(3) Pile supported
			 construction will be used to the fullest extent practicable;
(4) All reasonable measures which would
			 minimize the adverse impacts of the proposed activity on the wetlands of the
			 state and adjoining coastal and tidal resources are incorporated as limitations
			 on or conditions to the permit.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-11 - Use guidelines

Current through July 10, 2024
(a) The classes of
			 activities listed in this section are established for the purposes of providing
			 guidance to prospective applicants and to the public when determining the
			 potential acceptability of proposed regulated activities to be undertaken
			 within the boundaries of a wetland. Nothing in this section shall be construed
			 as constituting approval or disapproval of any activity prior to the decision
			 on a permit. All activities except those specifically exempted by section
			 22a-29(3)
			 of the General Statutes are subject to the permit requirements of these
			 regulations. Since the physical and biological conditions within the wetlands
			 of the state vary with respect to location, tidal range, soil condition, water
			 quality, sediment supply and the character of the surrounding upland each
			 activity must be judged as to its acceptability on a case-by-case
			 basis.
(b)
Activities which
			 may be generally compatible under certain conditions.
The following
			 activities may be generally compatible with the functions of wetlands and with
			 established public policy for their management under certain conditions.
			 Nothing in this subsection shall be construed as constituting conditional
			 approval of any activity prior to regulatory review and the decision on a
			 permit. The conditions listed with each activity are minimum conditions. All
			 activities listed in this subsection are further subject to any conditions or
			 limitations which the commissioner deems necessary on a case-by-case basis to
			 carry out the provisions of these regulations:
(1) Conservation activities, except those not
			 regulated pursuant to section
			 22a-29
			 of the General Statutes, such as habitat restoration or wildlife management,
			 which:
(A) Do not require significant
			 physical alteration of the wetland;
(B) Do not result in continuous compaction of
			 the peat soils;
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-12 - Permits

Current through July 10, 2024
(a)
Duration of permit, initiation of
			 activity.
All activities initiated under a permit issued pursuant to
			 these regulations shall be completed within the time period specified in the
			 permit. The commissioner, in writing, may extend a permit upon receipt of a
			 written request stating a valid reason for such an extension.
(b)
Other permits and licenses;
			 property rights.
Any permit issued pursuant to these regulations shall
			 be subject to and in no way derogate any present or future property rights or
			 powers of the State of Connecticut and convey no property rights in real estate
			 or material including riparian or littoral rights nor any exclusive privileges,
			 and is further subject to any and all public and private rights and to any
			 federal, state or local laws or regulations pertinent to the property or
			 activity affected by it. Obtaining any other applicable permit or license is
			 solely the responsibility of the applicant.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-13 - Financial security

Current through July 10, 2024
The commissioner may require the posting of a bond, letter of
				credit, or other financial security in accordance with sections
				22a-33
				and
				22a-6
				of the General Statutes securing to the state compliance with conditions and
				limitations set forth in the permit.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-14 - Monitoring and enforcement

Current through July 10, 2024
(a)
Violations defined.
Any person who commits, takes part in, or
			 assists in any violation enumerated herein shall be subject to the penalties
			 and remedies provided in subsection (c) and to such other penalties and
			 remedies as the law may provide. The commissioner may issue a notice of
			 violation if he determines that any person has engaged in or is engaging in any
			 activity not in compliance with these regulations or sections
			 22a-28
			 through
			 22a-35
			 of the General Statutes. Such activities may include but are not limited to:
(1) Engaging in any regulated activity in any
			 wetland without having obtained a permit from the commissioner;
(2) Not complying with the conditions or
			 limitations placed on a permit;
(3)
			 Exceeding the scope of work set forth in an application;
(4) Not complying with the terms and
			 conditions set forth in an application;
(5) Obtaining a permit through deception or
			 through inaccurate information as to either the activity or its environmental
			 impact.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-15 - Appeals

Current through July 10, 2024
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 in
				accordance with the provisions of section
				22a-34
				of the General Statutes and Chapter 54 of the General
				Statutes.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-16 - Conflict and severance

Current through July 10, 2024
(a)
Conflict
			 with other regulations.
Where there is a conflict between the provisions
			 of these regulations and those of any other regulation administered by the
			 department, the provisions of the regulation which imposes the most stringent
			 standards for the use of the wetland shall govern.
(b)
Invalidity of certain parts of
			 regulations.
The invalidity of any word, clause, sentence, section, part
			 or provision of these regulations shall not affect the validity of any other
			 part which can be given effect without such invalid part or parts.
Connecticut Administrative Code › Title 22a - Environmental Protection › 30 - Tidal Wetlands › Section 22a-30-17 - Joint processing

Current through July 10, 2024
In accordance with section
				22a-96
				of the General Statutes and section 21 of Public Act 79-535 the commissioner
				may, by mutual agreement with any federal body having jurisdiction over any
				activity in a wetland, provide for joint processing of any application under
				these regulations with any application for a permit or other processing
				required by such body, including provisions for joint notices and hearings,
				joint application materials and instructions for applicants, timely exchange of
				technical information related to permits, and coordination of the timing and
				sequence of issuance of permit decisions.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-3.1 - Uses permitted as of right

Current through July 10, 2024
The following operations and uses shall be permitted in inland
				wetlands and water courses, as of right:
a. Grazing, farming, nurseries, gardening,
			 and harvesting of crops and farm ponds of three acres or less;
b. A residential home (i) for which a
			 building permit has been issued or (ii) on a subdivision lot, providing the
			 permit has been issued or the subdivision has been approved as of the effective
			 date of promulgation of municipal regulations pursuant to the Act or in the
			 absence thereof, as of the effective date of these regulations, whichever
			 occurs first;
c. Boat anchorage or
			 mooring;
d. Uses incidental for the
			 enjoyment and maintenance of a residential property, such property defined as
			 the largest minimum residential lot site permitted anywhere in the
			 municipality, provided that 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
			 substantial amounts of material from or into a wetland or water course, or
			 diversion or alteration of a water course;
e. Construction and operation, by water
			 companies as defined in Section
			 16-1 of
			 the General Statutes, or by municipal water supply systems as provided for in
			 Chapter 102 of the General Statutes, 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 25-110 and 25-112 of the
			 General Statutes, as amended.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-3.2 - Uses permitted where indigenous character of land is not disturbed

Current through July 10, 2024
The following operations and uses shall be permitted, as
				nonregulated uses in wetlands and water courses provided they do not disturb
				the natural and indigenous character of the land. "Disturbing the natural and
				indigenous character of the land" means that the activity will significantly
				disturb the inland wetland or water course by reason of removal or deposition
				of material, will cause the alteration or obstruction of water flow, or will
				result in the pollution of the wetland or water course.
a. Conservation of soil, vegetation, water,
			 fish, shellfish and wildlife;
b.
			 Outdoor recreation including play and sporting areas, golf courses, field
			 trails, nature study, horseback riding, swimming, skin diving, camping,
			 boating, water skiing, trapping, hunting, fishing and shellfishing where
			 otherwise legally permitted and regulated.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.1 - Regulated activities to be licensed

Current through July 10, 2024
Subject to the provisions of Sections 3, 4.3 and 4.4 hereof,
				regulated activities affecting wetlands and water courses within the State of
				Connecticut are prohibited except as they may be licensed 1) by the local
				inland wetlands agency, or 2) after June 30, 1974 by the Commissioner in the
				event that no local inland wetlands agency of competent jurisdiction is in
				operation.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.2 - Regulated activities

Current through July 10, 2024
The local inland wetlands agency or the Commissioner shall
				regulate only those activities which:
a. remove material from,
b. deposit material in,
c. obstruct,
d. construct,
e. alter, or
f. pollute inland wetlands and water
			 courses.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.3.a - Activities to be regulated solely by the commissioner

Current through July 10, 2024
The Commissioner shall regulate the following activities to the
				exclusion of the local inland wetlands agencies:
(1) Construction or modification of any dam,
			 pursuant to Sections 25-110 and 25-112 of the General Statutes, as
			 amended;
(2) Construction or
			 placement of any obstruction within channel encroachment lines, pursuant to
			 Sections 25-4a to g of the General Statutes, as amended;
(3) Construction or placement of any
			 structure or obstruction within tidal, coastal and navigable waters, pursuant
			 to Sections 25-7b to e of the General Statutes, as amended;
(4) Diversion of water for public and
			 domestic use, pursuant to Sections 25-8a to e of the General Statutes, as
			 amended;
(5) Discharges into waters
			 of the state, pursuant to Section 25-54i of the General Statutes, as
			 amended.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.3.b - Submission and processing of applications

Current through July 10, 2024
Each application to undertake an activity specified in Section
				4.3.a of these regulations shall be submitted to the Commissioner and processed
				in accordance with the statutes, regulations and procedures which are
				applicable to the proposed activity.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.3.c - Submission of application to local wetlands agency

Current through July 10, 2024
Except as provided in Section 4.4 of these regulations, if any
				application submitted pursuant to Section 4.3.b of these regulations includes a
				regulated activity as defined by Section 4.2 of these regulations, the
				Commissioner shall direct the applicant to submit such portion of the
				application to the appropriate local inland wetlands agency.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.3.d - Local agency to direct certain applicants to commissioner

Current through July 10, 2024
If a local inland wetlands agency receives an application to
				undertake an activity specified in Section 4.3.a of these regulations, the
				local inland wetlands agency shall in writing direct the applicant to apply to
				the Commissioner for the required license. The local wetlands agency may, in
				its discretion, review the remaining portions of the application, or may deem
				such application incomplete until the Commissioner issues a final decision
				concerning any related application subject to his
				jurisdiction.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.3.e - Permits granted by commissioner to be binding on local agency

Current through July 10, 2024
Any permit granted or denied by the Commissioner shall be
				binding upon the local inland wetlands agencies as to matters within the
				Commissioner's jurisdiction.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.3.f - Commissioner may consult local agency

Current through July 10, 2024
Upon receipt of any application to conduct an activity which
				will affect a wetland or water course, the Commissioner may submit a copy of
				the application to the local inland wetlands agency in any affected
				municipality for review and comment. The failure to receive a written reply
				shall not delay a public hearing or prejudice the final
				decision.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.4 - Exclusive jurisdiction of commissioner

Current through July 10, 2024
The Commissioner shall license and maintain exclusive
				jurisdiction over regulated activities as defined in Section 4.2 of these
				regulations to be undertaken by any department, agency or instrumentality of
				the State of Connecticut.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.5 - Issuance of permit by commissioner before July 1, 1974

Current through July 10, 2024
After the effective date of these Regulations, but before July
				1, 1974, the Commissioner may issue such permits as he deems necessary to
				implement the purposes of the Act and of these Regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.6 - Boundary maps to be established

Current through July 10, 2024
The local inland wetlands agency or the Commissioner shall
				establish or amend area boundary maps in accordance with the procedures of
				subsections f and g of Section
				22a-39 of
				the General Statutes. Such maps shall be on file in the offices of the
				municipal clerks and at the Department, and titled "Designated Inland Wetlands
				and Water Courses of the . . . . . . . . . . . (City or town) of . . . . . . .
				. . . . (Name of Municipality)."
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-4.7 - Disputation of designations

Current through July 10, 2024
Wetlands and Watercourses-nland wetlands and water courses are
				defined in Sections 2 (18) and 2 (19) of these regulations.
a. If any person disputes the designation or
			 the failure to designate any wetland or water course as a regulated area, such
			 person may be required to produce such information as the local inland wetlands
			 agency or the Commissioner deems necessary to permit an informed
			 decision.
b. To meet the burden of
			 proof for wetlands exemption under subsection (a), the petitioner may be
			 directed to present documentation by a soil scientist that the wetland in
			 question, or a portion of it, does not have a soil type classified by the
			 National Cooperative Soils Survey as poorly drained, very poorly drained,
			 alluvial, or flood plain.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.1.a - Where applications to be submitted

Current through July 10, 2024
Any person wishing to carry out a regulated activity shall
				submit an application to the local inland wetlands agency. After June 30, 1974,
				if there is no such operating wetlands agency within the municipality, such
				person shall apply to the Commissioner.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.1.b - Complete application

Current through July 10, 2024
No application submitted to the Commissioner shall be deemed
				complete unless it shall be in such form and contain such information as the
				Commissioner deems necessary for a fair determination of the issues. The
				Commissioner shall inform all applicants of such necessary
				information.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.2 - Information required on applications

Current through July 10, 2024
All applications to the Commissioner shall include the
				following information in writing on a form provided by him.
a. The applicant's name, home and business
			 addresses, and telephone numbers;
b. The owner's name (if applicant is not the
			 owner of the property), home and business addresses, telephone numbers, and
			 written consent to the proposed activity set forth in the
			 application;
c. Applicant's
			 interest in the land;
d. The
			 geographical location of the property which is to be affected by the proposed
			 activity, including a description of the land in sufficient detail to allow
			 identification of the properties on the Inland Wetlands and Water Courses
			 Map;
e. Purpose and description of
			 the proposed activity;
f. A site
			 plan;
g. Names of adjacent property
			 owners;
h. Required additional
			 information.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.3 - Summary ruling

Current through July 10, 2024
If the Commissioner finds that a proposed activity is a
				regulated activity not involving significant impact or major effect on the
				inland wetland or water course as defined in Section 2 of these regulations, he
				may allow the activity with or without conditions or limitations. The
				Commissioner, after full review of the considerations set forth in Sections
				6.1.d through 6.1.h and other pertinent factors, shall issue a permit with or
				without conditions or limitations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.4 - Plenary rulings

Current through July 10, 2024
If the Commissioner finds that the activity applied for does or
				may involve a significant impact or major effect on a wetland or water course,
				he may request additional information which may include but is not limited
				to:
a.
Site plan
-a map of
			 the proposed use and the property which will be affected, drawn by a licensed
			 surveyor, professional engineer, or professional architect, registered in the
			 State of Connecticut or in an adjoining state, or by such other person
			 acceptable to the Commissioner. The map shall be at a scale to be determined by
			 the Commissioner. Detailed information to be included on this site plan shall
			 be requested by the Commissioner according to his evaluation
			 requirements.
b.
Soil sample
			 data
-if the parcel lies within or partly within an area containing
			 poorly drained, very poorly drained, alluvial, and/or flood plain soils, the
			 data shall show precisely where each specific soil type is found. Soil types
			 identified must be consistent with the categories established by the National
			 Cooperative Soil Survey of the U.S. Soil Conservation Service.
c.
Biological information
-The
			 applicant may be required to submit 1) an evaluation of the extent of the
			 presence of plant species commonly associated with water courses, and 2) an
			 analysis of the probable effect of his proposed activity upon the plant and
			 animal ecosystem.
d.
Water
			 course characteristics
-if the proposed activity may affect a water
			 course lying within, partly within, or flowing through or adjacent to the
			 affected property, the applicant may be required to submit information relative
			 to the present character and the projected impact of the proposed activity upon
			 the water course.
e.
Analysis
			 of material to be deposited
-the applicant may be required to describe
			 any materials to be deposited on the affected property in terms of volume,
			 composition, and the possibility of erosion or leaching from deposited
			 materials. The applicant may also be required to estimate the probable
			 environmental impact of the deposition of materials on the affected wetlands or
			 water courses.
f. A description of
			 the proposed construction or the erection of structures on the affected
			 property, including blueprints, engineering and architectural plans or designs.
			 Such description should include the purposes of such construction or
			 activity.
g. A list of other
			 property owners whose rights or interests may be affected by the proposed
			 activity.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.5 - Public hearing may be held

Current through July 10, 2024
If the Commissioner finds, on the basis of the evidence before
				him, that a regulated activity is involved which may have significant impact or
				major effect on a wetland or water course, he may docket such proposal for
				public hearing.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.6.e - Public hearings

Current through July 10, 2024
All public hearings shall commence not sooner than thirty (30)
				days nor later than sixty (60) days after the receipt of a complete
				application. Notice of the hearing shall be published at least once not more
				than thirty (30) days and not fewer than ten (10) days before the date set for
				the hearing in a newspaper having a general circulation in each town where the
				affected wetlands or water courses are located. All applications, maps, and
				documents relating to this hearing shall be open for public inspection at the
				Office of the Clerk of the municipality wherein the affected inland wetland or
				water course is located, or at the Department. Notices of hearings shall be
				sent to the applicant, adjacent property owners, all known interested parties
				and groups, and to chief executive officers of the town wherein the wetland or
				water course lies.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.7.a - Review by county soil and water conservation district

Current through July 10, 2024
The Commissioner may submit one copy of the application to the
				County Soil and Water Conservation District for review. Such submission shall
				be made upon the receipt of a complete application, but failure to receive a
				written review from the Soil and Water Conservation District shall not delay a
				public hearing or prejudice the final decision.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.7.b - Review by conservation commission

Current through July 10, 2024
The Commissioner may submit one copy of the application to the
				Conservation Commission of the municipality wherein the wetland is located for
				review. Such submission shall be made upon receipt of a complete application,
				but failure to receive a written reply from the Conservation Commission shall
				not delay a public hearing or prejudice the final decision.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-5.7.c - Review by conservation or planning commissions of adjoining municipality

Current through July 10, 2024
The Commissioner may submit one copy of the application to the
				Conservation Commission or Planning Commission in any municipality whose border
				lies within five hundred (500) feet of any wetland or water course that may be
				affected by the proposed activity. Such submission shall be made upon receipt
				of a complete application, but failure to receive a written reply shall not
				delay a public hearing or prejudice the final decision.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-6.2.a - When commissioner must render decision

Current through July 10, 2024
In the absence of a public hearing, the Commissioner shall
				render a final decision within ninety (90) days from the receipt of a complete
				application. The Commissioner shall notify the applicant by certified mail of
				his decision within ten (10) days of the date of the decision and the
				Commissioner shall cause notice of his decision to be published in a newspaper
				having a general circulation in the municipality wherein the regulated area
				lies.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-6.2.b - When commissioner must render decision after public hearing

Current through July 10, 2024
Action shall be taken on applications within forty-five (45)
				days after certification of a transcript of the public hearing. The
				Commissioner shall inform the applicant and any other parties of his decision
				in granting a permit with or without conditions, or in denying a permit, by
				certified mail within ten (10) days of the date of such
				decision.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-7.1 - Written opinion required

Current through July 10, 2024
At the time of granting a permit, granting a permit with
				conditions or limitations, or denying a permit following a public hearing, the
				Commissioner shall issue a written opinion presenting his
				reasons.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-7.2 - Modification and resubmission of denied application

Current through July 10, 2024
The Commissioner may deny a permit with or without prejudice.
				If a permit is denied with prejudice, the application shall not be resubmitted
				for one year following the date of such denial. If a permit is denied without
				prejudice, the applicant may modify, amend or correct his proposal. The
				rejection of a modified proposal shall be equivalent to the denial of an
				application for the purposes of Section 10 of these
				regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-7.3 - Modification of application granted with conditions

Current through July 10, 2024
If a permit is granted with conditions or limitations, and the
				applicant disputes such conditions or limitations, he may modify, amend or
				correct his proposal. Rejection of a modified, amended or corrected proposal
				shall be equivalent to the denial of an application for the purposes of Section
				10 of these regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-7.4 - Initiation of activity to be within one year

Current through July 10, 2024
Initiation of activity under a permit shall be within one year
				of the granting of the permit, unless the time period is extended by the
				Commissioner.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-8 - Other permits and licenses

Current through July 10, 2024
Nothing in these regulations shall obviate any requirement for
				the applicant to obtain any other permit or license required by law or
				regulation of the Government of the United States or of the State of
				Connecticut or any political subdivision is solely the responsibility of the
				applicant.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-9.1 - Entrance onto private property

Current through July 10, 2024
In the performance of his duties under the Act, and under
				Section
				22a-5(d)
				of the General Statutes, the Commissioner or his designated agent pursuant to
				Section
				22a-6(d),
				may enter at all reasonable times upon any public or private property, except a
				private residence, for the purpose of inspection and investigation to ascertain
				possible violations of these regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-9.2 - Issuance of orders

Current through July 10, 2024
If the Commissioner finds that any person is maintaining any
				facility or condition which reasonably can be expected to impair, alter or
				destroy the wetlands and water courses of the State or which is creating or
				reasonably can be expected to create a source of pollution to the wetlands and
				water courses of the State, he may issue an order to such person maintaining
				such facility or condition to take the necessary steps to correct such facility
				or condition.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-9.3 - Appeal of order

Current through July 10, 2024
Each order issued pursuant to Section 9.2 shall be sent by
				certified mail, return receipt requested, to the subject of such order and
				shall be deemed issued upon deposit in the mail. Any person aggrieved by any
				such order may, within thirty (30) days from the date such order is sent,
				request a hearing before the Commissioner. After such hearing the Commissioner
				shall consider the facts presented to him and shall revise and resubmit the
				order to the person or inform the person that the previous order has been
				affirmed. All such orders and hearings shall be issued and held in conformance
				with Sections
				4-166 to 185 of the
				General Statutes, as amended, and with The Rules of Practice of the Dept. of
				Environmental Protection adopted pursuant to § 2 (a) of the
				P.A.
				854 of 1971, as amended. The request for a hearing
				as provided for in this section shall be a condition precedent to the taking of
				an appeal under the provisions of Section 10 of these regulations. The
				Commissioner may, after the hearing provided for in this section, or at any
				time after the issuance of his order, modify such order by agreement or extend
				the time schedule therefor if he deems such modification or extension to be
				advisable or necessary. Any modification or extension shall be deemed to be a
				revision of an existing order and shall not constitute a new
				order.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-9.4 - Penalties for violation of regulations

Current through July 10, 2024
Any person who commits, takes part in, or assists in any
				violation of any provision of these regulations shall be subject to the
				penalties provided in Section
				22a-44 of
				the General Statutes, and to such other penalties as the law may provide. If
				the Commissioner determines that any person is engaging in any regulated
				activity without a proper permit, or is exceeding the conditions or limitations
				placed on his permit or the scope of work as set forth in the application, or
				has obtained a permit through deception or through inaccurate information as to
				either the activity or its environmental impact, or has engaged or is engaging
				in any other violation of these regulations or the Act, the Commissioner
				may:
a. Issue a cease and desist order
			 to such person, pursuant to Section
			 22a-7
			 of the General Statutes, as amended, directing him to halt any and all
			 regulated activities or other violations;
b. Revoke or suspend any permit whose
			 conditions or limitations have been exceeded, or which was secured through
			 deception or through inaccurate information as to either the scope of its
			 activity or its environmental impact;
c. Bring an action pursuant to Section
			 22a-44 of
			 the General Statutes, as amended; or
d. Bring an action pursuant to Public Act No.
			 73-665 or any regulations promulgated thereunder.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-9.5 - Suspension or revocation of permits

Current through July 10, 2024
In the event that the Commissioner shall suspend or revoke a
				permit pursuant to Section 9.4.b above, the applicant shall be notified of the
				Commissioner's decision by certified mail within five (5) days of the date of
				the decision and the Commissioner shall cause notice of his order in revocation
				or suspension of a permit to be published in a newspaper having general
				circulation in the municipality wherein the wetland or water course lies.
				Before such suspension or revocation may take effect, the Commissioner shall
				afford the applicant opportunity to show compliance with all lawful
				requirements for retention of the permit. However, if the Commissioner finds
				that public health, safety or welfare imperatively requires emergency action,
				and incorporates a finding to that effect in his order, he may order summary
				suspension of a license pending proceedings for revocation or other
				action.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-9.6 - Monies to be maintained in separate account

Current through July 10, 2024
All monies collected pursuant to this section shall be
				maintained in a separate account and shall be used by the Commissioner to
				restore the affected wetlands or water courses to their condition prior to
				violation, wherever possible.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-9.7 - Introduction of evidence

Current through July 10, 2024
All parties may, subject to the ruling of the Commissioner,
				request summonses and examinations of witnesses; cross-examine witnesses;
				introduce records, papers, documents, or other evidence into the record; and
				submit oral arguments and file briefs for the purpose of showing compliance
				with requirements for retention of a permit and for the purpose of showing the
				absence of any violation.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-10 - Appeals

Current through July 10, 2024
Any person aggrieved by any regulation, order, decision or
				action made by the Commissioner pursuant to these regulations and/or the
				General Statutes of Connecticut may appeal to the court of common pleas in and
				for the county where the land affected is located within fifteen (15) days
				after publication of such regulation, order, decision, or action. All appeals
				shall follow the procedure outlined in Section
				22a-43 of the General
				Statutes, as amended.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.1 - Submission of local regulations to commissioner

Current through July 10, 2024
All regulations, including regulated area boundary maps,
				promulgated or amended by local wetlands agencies, pursuant to the Act, shall
				be submitted to the Commissioner not later than ten (10) days after their
				adoption.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.2 - Conformity of local regulations

Current through July 10, 2024
The Commissioner shall examine such regulations, including maps
				and amendments, to determine their conformity with the Act and with these
				regulations in terms of a) procedural safeguards, b) completeness of wetland
				and water course coverage, c) adequacy of enforcement machinery and information
				gathering procedures, and d) substantial adherence to the policies and goals of
				the Act.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.3 - Notice of nonconformance

Current through July 10, 2024
In the event that the Commissioner shall find any part of such
				local inland wetlands agency regulation not in conformity, the Commissioner
				shall issue a notice of nonconformance which shall include:
a. the reasons for holding any part to be
			 nonconforming;
b. the section or
			 sections whose operation and effect shall be suspended until they shall be
			 amended and resubmitted;
c. the
			 extent to which the Commissioner shall exercise jurisdiction over the municipal
			 wetlands and water courses, for their protection, in the interval between the
			 issuance of a notice of nonconformance and the resubmission of amended
			 regulations, including boundary maps.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.4.a - Amendment of nonconforming regulations

Current through July 10, 2024
The local wetlands agency shall, pursuant to the provisions for
				adopting and amending regulations contained in the Act, initiate proceedings to
				amend such nonconforming regulations within twenty (20) days of the receipt of
				a notice of non-conformance.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.4.b - Jurisdiction where local regulations disapproved

Current through July 10, 2024
Upon disapproval of any municipal regulations, the Commissioner
				shall assume jurisdiction over those portions of such municipality's
				regulations as may be necessary to assure continuity of wetland and water
				course regulation in such municipality. This jurisdiction shall cease upon
				approval of the municipality's regulations by the
				Commissioner.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.5.a - Where commissioner does not issue notice

Current through July 10, 2024
Failure of the Commissioner to issue a notice of nonconformance
				within sixty (60) days of the receipt of such regulations, maps, or amendments
				shall be taken as approval of such regulations, except as provided in Section
				11.5.b of these regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.5.b - Final written approval

Current through July 10, 2024
If municipal regulations were not submitted to and granted
				approval by the Commissioner in a preliminary form prior to adoption, they
				shall not become effective until granted final written approval by the
				Commissioner.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.6 - Local regulations approved before effective date of these regulations

Current through July 10, 2024
All municipal maps and regulations approved by the Commissioner
				before the effective date of these regulations shall be deemed sufficient to
				satisfy the requirements of the Act and these regulations. Such regulations
				shall be deemed fully operative as of their effective date.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.7 - Jurisdiction of municipality

Current through July 10, 2024
After July 1, 1974, any municipality which designates a local
				wetlands agency and adopts regulations shall, upon approval of such regulations
				by the Commissioner, exercise jurisdiction over regulated
				activities.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-11.8 - Reports to commissioner

Current through July 10, 2024
All enforcement activities undertaken by a municipality and all
				appeals involving a municipality which pertain to the wetlands and water
				courses of the State shall be reported, on a form supplied by the Commissioner,
				to the Commissioner within fifteen (15) days of the commencement of such
				action.
Connecticut Administrative Code › Title 22a - Environmental Protection › 39 - Inland Wetlands and Water Courses Regulations of the Connecticut Department of Environmental Protection › Section 22a-39-12.1 - Bond may be required

Current through July 10, 2024
The applicant, upon approval of the license, and at the
				discretion of the Commissioner, may be required to file a performance bond or
				other adequate security in an amount and with sureties and in a form approved
				by the Commissioner.