Sidebar Inland Wetlands and Watercourses Regulations- Section 4

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Official copies can be viewed or purchased at the
Department of Planning, Conservation, and Development.

SECTION 4- PUBLIC HEARINGS

  • 4.1- The Inland Wetlands Agency shall not hold a public hearing on an application unless the Agency determines that the proposed activity may have a significant impact on wetlands or watercourses; or a petition signed by at least twenty-five persons requesting a hearing is filed with the Agency not later than thirty days after the submission of such application; or the Agency finds that a public hearing regarding such application would be in the public interest.
  • 4.2- No later than sixty-five (65) days after the receipt of such application, the Agency may hold a public hearing on such application. The hearing shall be completed within forty-five (45) days of its commencement. All decisions on such matters shall be rendered within thirty-five (35) days after completion of such hearing.
    1. Notice of the hearing shall be published at least twice at intervals of not less than two (2) days, the first not more than fifteen (15) days and not fewer than ten (10) days, and the last not less than two (2) days before the date set for the hearing in a newspaper having general circulation in each town where the affected wetland and watercourse, or any part thereof, is located.
    2. All applications and maps and documents relating thereto shall be open for public inspection. At such hearing, any person or persons may appear and be heard.
    3. The applicant 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 application, provided the total extension of any such period shall not be for longer than the original period as specified in this subsection, or the applicant may withdraw such application. Failure of the Inlands Wetlands Agency to act within any period specified in this subsection, or any extension thereof, shall not be deemed to constitute approval of the application.
  • 4.3- In any matter before the Agency requiring a public hearing, the applicant shall cause to be posted a temporary sign or signs visible from the street notifying the public of said hearing. The sign(s) shall be the responsibility of the applicant and posted subject to the following conditions:
    1. The sign shall be posted seven (7) days prior to the day of the hearing. It shall be firmly secured to the ground or structure to prevent vandalism. If these is more than one frontage of the parcel on a street, one sign for each frontage shall be posted.
    2. The composition of the sign(s) shall be of a durable material (wood or metal) 40" x 40" in size painted white with black lettering having a minimum height of 4" with a-letter stroke of 1".
    3. The sign(s) shall advertise the date, time and place of the public hearing of the wetlands activity or boundary change
    4. Format of the sign(s) shall be obtained from the office of the Agency.
    5. Any proponent who fails to display the sign shall be required to file a new application.
    6. The sign(s) shall be taken down within one week after the public hearing is completed.
  • 4.4- In the case of any application which is subject to the notification provisions of Section 3.4 of these Regulations, a public hearing shall not be conducted if the clerk of the adjoining municipality(ies) has not received notice of the pendency of the application.
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