Inland Wetlands and Watercourses Regulations- Section 11
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Planning, Conservation, and Development.
SECTION 11- ENFORCEMENT
- 11.1- If the Agency or its designated agent finds that any person is
conducting or maintaining any activity, facility or condition which is in
violation of the regulations or conditions imposed by the Agency, the Agency
A written order, served personally and by certified mail, to such person
conducting such activity or maintaining such facility or condition to
cease immediately such activity and/or to correct such facility or
condition. The written order may also be served personally. Within ten
(10) days of the issuance of such order, the Agency shall hold a hearing
to provide the person an opportunity to be heard and show cause why the
order should not remain in effect. The hearing shall be open to public
testimony if deemed appropriate by the Agency. The Agency shall consider
the facts presented at the hearing and within ten (10) days of the
completion of the hearing, notify the person by certified mail that the
original order remains in effect, that a revised order is in effect or
that the order has been withdrawn. The original order shall be effective
upon issuance and shall remain in effect until the Agency affirms, revises
or withdraws the order. the issuance of an order pursuant to this section
shall not delay or bar an action pursuant to the penalties provided by
Section 22a-36 through 22a-45, as amended (by Public Act 87-338) for such
A notice of violation to such person conducting such Activity or
maintaining such facility or condition, stating the nature of the
violation, the jurisdiction of the Agency, and prescribing the necessary
action and steps to correct the violation including, without limitation,
halting work in wetlands or watercourses. The Agency may request that the
individual appear at the next regularly scheduled meeting of the Agency to
discuss the unauthorized activity, and/or provide a written reply to the
notice of filing a proper application for the necessary permit. Failure to
carry out the action(s) directed in a notice of violation may result in
issuance of the order provided in Subsection A. of this Section or other
enforcement proceeding as provided by law.
- 11.2- The Agency and/or its designated agent, shall make regular
inspections of all activities for which permits have been issued under these
regulation. Such activities shall be open to inspection at all reasonable
times. The owner, applicant or their agent, shall have such permit readily
available and shall produce the same for inspection by such designated agent
of the Agency upon request. In the event that the Agency determines that a
regulated activity is being carried out in violation of the permit conditions,
or that a regulated activity is being performed without a permit, the Agency
shall issue an order to "Cease and Desist and/or to Correct", to the
permittee or agent of the permittee conducting the activity.
- 11.3- The Agency may suspend or revoke a permit if it finds that the
applicant has not complied with the conditions or limitations set forth in the
permit or has exceeded the scope of the work as set forth in the application.
The Agency must give due notice to the permittee, personally or by certified
mail, return receipt requested, of the facts or conduct which warrant the
intended action and hold a hearing at which the permittee is given an
opportunity to shown compliance with the requirements for retention of the
- 11.4- The applicant shall be notified of the Agency's decision to suspend,
revoke or maintain by certified mail within fifteen (15) days of the date of
the decision and the Agency shall cause notice of its order of revocation or
suspension of a permit to be published in a daily newspaper having general
Circulation in the municipality wherein the wetland or watercourse lies.
- 11.5- Illegal work in a wetlands may subject the violator to a civil
penalty up to $25,000 per day. In addition, willful violations of the wetlands
law may subject the violator to a criminal penalty of up to $1,000 per day and
six months imprisonment. Subsequent violations may subject the violator to
fines of up to $2,000 per day, a year imprisonment, or both.
- 11.6- If a transfer permit is not obtained within thirty (30) days of
property transfer, a cease and desist order will be issued.
- 11.7- Nothing in these regulations shall be taken as limiting or excluding
other remedies as are available to the Agency for the protection of inland
wetlands and watercourses.