Inland Wetlands and Watercourses Regulations- Section 5
Online version is NOT official, it is only for use as a reference.
copies can be viewed or
purchased at the
Planning, Conservation, and Development.
SECTION 5- INVENTORY OF REGULATED AREAS
- 5.1- The map of regulated areas, entitled "Official Inland Wetlands
and Watercourses Map for Middletown, Connecticut" delineates the general
locations and boundaries of inland wetlands and the location of watercourses.
Copies of this map are available for inspection at the Municipal Development
Office. In all cases, the precise location of regulated areas shall be
determined by the actual character of the land, the distributions of regulated
soil types and location of watercourses. Such determinations shall be made by
field inspection and testing conducted by a certified soil scientist where
soil classifications are required or where watercourse determinations are
required by any qualified individuals deemed acceptable to the Agency.
The burden of proof for a wetland boundary determination shall be with the applicant.
Should the Agency dispute the location of the wetland boundary provided by the
applicant, it may consult the Soil Conservation Service or the DEP to resolve the dispute.
- 5.2- Any property owner who disputes the designation of any part of his or
her land as a regulated area on the Inland Wetlands and Watercourses Map, may
petition the Agency to change the designation in accordance with Section 15 of
these regulation. All petitions for a map change shall be submitted in writing
and shall include all relevant facts and circumstances which support the
change. The petitioner shall provide proof that the designation is
inapplicable. Documentation, in accordance with Section 15 of these
regulations, may be required of the property owner when the Agency requires an
accurate delineation of regulated areas.
- 5.3- The Agency and/or its designated agent shall monitor and maintain
general surveillance of the regulated areas within the City to ensure that no
unauthorized regulated activities occur and that permitted activities occur
within any permit restrictions.
- 5.4- The Agency or its designated agent shall continually inventory inland
wetlands and watercourses. The Agency may amend the Official Inland Wetlands
and Watercourses Map delineating said wetlands and watercourses to be
regulated, in accordance with Section 15 of these regulations.