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Inland Wetlands and Watercourses Regulations- Section 14
Online version is NOT official, it is only for use as a reference. Official
copies can be viewed or
purchased at the Department of
Planning, Conservation, and Development.
SECTION 14- EFFECTIVITY
- 14.1- No regulations of an Inland Wetlands Agency including boundaries of
inland wetland and watercourse areas shall become effective of be established
until after a public hearing in relation thereto is held by the Inland
Wetlands Agency, at which parties in interest and citizens shall have an
opportunity to be heard. Notice of the time and place of an opportunity to be
heard. Notice of the time and place of such hearing shall be published in the
form of a legal advertisement, appearing in a newspaper having a substantial
circulation in the municipality at least twice at intervals of not less than
two days, the first not more than FIFTEEN days nor less than TEN days, and the
last not less than two days, before such hearing, and a copy of such proposed
regulation or boundary shall be filed in the office of the town, city or
borough clerk as the case may be, in such municipality, for public inspection
at least ten days before such hearing, and may be published in full in such
paper. A copy of the notice and the proposed regulations or amendments
thereto, except determinations of boundaries, shall be provided to the
commissioner of the Department of Environmental Protection at least
thirty-five days before such hearing. Such regulations and inland wetland and
watercourse boundaries may be from time to time, amended, changed or repealed,
by majority vote of the Inland Wetlands Agency, after a public hearing, in
relation thereto, is held by the Inland Wetlands Agency, at which parties in
interest and citizens shall have an opportunity to be heard and for which
notice shall be published in the manner specified in this subsection.
Regulations or boundaries or changes therein shall be come effective at such
time as is fixed by the Inland Wetlands Agency, provided a copy of such
regulation, boundary or change shall be filed in the office of the town, city
or borough clerk, as the case may be. Whenever an Inland Wetlands Agency make
a change in regulations or boundaries it shall state upon its records the
reason why the change was made and shall provide a copy of such regulation,
boundary or change to the commissioner of environmental protection no later
than ten days after its adoption provided failure to submit such regulation,
boundary or change shall not impair the validity of such regulation, boundary
or change. All petitions submitted in writing and in a form prescribed by the
Inland Wetlands Agency, requesting a change in the regulations or the
boundaries of an inland wetland and watercourse area shall be considered at a
public hearing in the manner provided for establishment of inland wetlands
regulations and boundaries within ninety days after receipt of such petition.
The Inland Wetlands Agency shall act upon changes requested in such petition
within sixty days after the hearing. The petitioner may consent to one or more
extensions of the periods specified in this subsection for the holding of the
hearing and for action on such petition, provided the total extension of any
such period shall not be for longer than the original period as specified in
this subsection, or may withdraw such petition. the failure of the inland
wetlands agency to act within any time period specified in this subsection, or
any extension thereof, shall not be deemed to constitute approval of the
petition.
- 14.2- These regulations shall become effective upon filing in the office of
the City and town Clerk of the City of Middletown, Connecticut.
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