Chapter 5: AGENCIES

ARTICLE II Inland Wetlands and Watercourses Agency [Adopted 10-2-1978; amended 11-18-1987; 4-2-1990; 5-7-1990; 6-4-1990; 1-6-1992; 6-2-1997]

§ 5-3. Membership; terms of office; vacancies.
There shall be an agency known as the "Inland Wetlands and Watercourses Agency," hereinafter referred to as the "Agency." The Agency shall consist of 10 regular members and five alternate members appointed by the Mayor with the confirmation of the Common Council.
A. The regular members shall serve for a term of three years. The present regular members shall serve the remainder of their terms. Regular members shall be appointed as necessary to fill any openings in the 10 regular positions on the Agency.
B. The term of office of each alternate member shall be for five years. The present alternate members shall serve the remainder of their terms. Alternate members shall be appointed as necessary to fill any openings in the five alternate positions on the Agency.
C. In the event a member misses three consecutive meetings, such member may be removed and the vacancy thereby created filled as provided in Section 4 of Chapter VIII of the Charter.
D. No regular member or alternate member of the Agency shall concurrently sit as a regular or alternate member of the Planning and Zoning Commission or as a member of the Common Council.

§ 5-4. Authority to adopt regulations.
A. The Agency is authorized to adopt and amend and change regulations pertaining to inland wetlands and watercourses located within the City of Middletown, including the establishment and amendment and changes of boundaries of inland wetland areas within the territorial limits of the City. Such regulations and boundaries shall be established and amended and changed in the manner provided in the Connecticut General Statutes, as amended, the applicable regulations of the Connecticut Commissioner of Environmental Protection, as amended, and the regulations of the Agency, as amended.
B. The Agency may, in its regulations, provide for a filing fee to be deposited with it to defray the 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.
C. The Agency shall only consider proposed regulations or amendments or changes to regulations or inland wetlands boundaries which have been submitted in writing on a form prescribed by it. The Agency is not required to hear any application for an amendment or change to its regulations or boundaries for a period of 12 months after a decision by the Agency on an earlier application concerning substantially the same request.

§ 5-5. Powers and duties.
The Agency shall have all powers and duties conferred upon municipal inland wetlands and watercourses agencies by the Connecticut General Statutes, as amended. The Agency shall have all incidental powers necessary to enforce its regulations.