Sec. 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner. - Connecticut Statutes

      Sec. 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner. (a) To carry out and effectuate the purposes and policies of sections 22a-36 to 22a-45a, inclusive, 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. 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 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. 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.

      (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.

      (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, and, a municipality or district, in acting upon ordinances and regulations shall incorporate the factors set forth in section 22a-41.

      (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.

      (1972, P.A. 155, S. 7; P.A. 73-571, S. 3, 9; P.A. 74-133; P.A. 87-533, S. 5, 14; P.A. 96-157, S. 3; 96-269, S. 3, 4.)

      History: P.A. 73-571 clarified provisions, included districts as well as municipalities under provisions, specified that ordinance establishing board or commission should determine number of members, length of terms, etc. in Subsec. (c) and added Subsec. (f)(2) re commissioner's power to protect wetlands and watercourses if municipality does not exercise its regulatory authority; P.A. 74-133 added provisions re disqualification of members from participation in hearing or decision in which they are directly or indirectly personally or financially involved and selection of alternate in such cases under Subsec. (c); P.A. 87-533 amended Subsec. (a) to require rather than encourage municipal regulation of inland wetlands, amended Subsec. (c) to require all municipalities to establish inland wetlands agencies on or before July 1, 1988, amended Subsec. (d) to authorize towns or boroughs to delegate authority to regulate inland wetlands to the towns in which they are located, deleted former Subsec. (f) re state regulation of inland wetlands, relettering former Subsec. (g) as (f) and adding proviso re commissioner's authority to act on applications filed prior to designation of municipal agency; P.A. 96-157 inserted new Subsec. (d) re training of agency or staff and relettered former subsequent Subsecs. and amended Subsec. (f) to require incorporation of the factors for consideration set forth in Sec. 22a-41 in the agency's regulations or ordinances; P.A. 96-269 changed effective date of P.A. 96-157 from October 1, 1996, to January 1, 1997, effective June 12, 1996.

      Cited. 179 C. 250. Cited. 180 C. 421; Id., 692. Cited. 183 C. 532. The inland wetlands and watercourses act cited. 186 C. 67. Cited. 192 C. 247. Cited. 193 C. 414. The inland wetlands and watercourses act cited. 196 C. 218. Cited. 203 C. 525. Cited. 209 C. 544; Id., 652. Cited. 211 C. 416. Inland wetlands and watercourses act cited. 212 C. 710; Id., 727; 213 C. 604. Cited. 216 C. 320. Inland wetlands and watercourses act (IWWA) Sec. 22a-36 et seq. cited. Id. Inland wetlands and watercourses act (IWWA) cited. 217 C. 164. Inland wetlands and watercourses act cited. 218 C. 703. Cited. 219 C. 404. Inland wetlands and watercourses act cited. Id. Cited. 220 C. 362; Id., 476. Cited. 226 C. 579. Inland wetlands and watercourses act, Secs. 22a-36-22a-45a cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 228 C. 95. Inland wetlands and watercourses act cited. 229 C. 247. Cited. Id., 627; Id., 654. Cited. 242 C. 335. Inland Wetlands and Watercourses Act cited. Id.

      Cited. 4 CA 271. Cited. 5 CA 70. Cited. 6 CA 715. Inland wetland and watercourses act cited. 12 CA 47. Inland wetlands and watercourses act cited. 15 CA 336; 18 CA 440. Cited. 19 CA 713. Inland wetlands and watercourses act cited. 20 CA 309; 26 CA 564; 27 CA 590. Cited. 28 CA 780. Inland wetlands and watercourses act cited. Id. Inland wetlands and watercourses act, Sec. 22a-36 et seq. cited. 29 CA 12; Id., 105. Inland wetlands act cited. 30 CA 85. Inland wetlands and watercourses act, Secs. 22a-36-22a-45 cited. 31 CA 105; Id., 599; judgment reversed, see 229 C. 627, see also 36 CA 270. Cited. 31 CA 643. Inland wetlands and watercourses act cited. 32 CA 799. Cited. 34 CA 385. Inland wetlands and watercourses, Sec. 22a-36 et seq. cited. Id. Inland Wetlands and Watercourses Act cited. 36 CA 270; 37 CA 166.

      Cited. 35 CS 145. Cited. 36 CS 1. Cited. 41 CS 444. Cited. 42 CS 57.

      Subsec. (a):

      Cited. 212 C. 710. Subdiv. (5) cited. 217 C. 164. Cited. 231 C. 451.

      Cited. 18 CA 440. Cited. 37 CA 166.

      Subsec. (c):

      Cited. 186 C. 67.

      Cited. 12 CA 47. Cited. 24 CA 708. Disqualification applies to ex officio members. 50 CA 548.

      Cited. 43 CS 373. Once a municipality has established an agency to regulate activities affecting wetlands and watercourses within its territorial limits in accordance with this section, such agency is not subject to interference by municipality's legislative body. Inland Wetlands and Watercourses Act requires that the agency created pursuant to the act be sole agent for licensing of regulated activities in the municipality. 49 CS 188.

      Subsec. (d):

      Cited. 222 C. 98.

      Subsec. (e):

      Cited. 212 C. 710. Cited. 217 C. 164. Cited. 222 C. 98.