Sidebar Inland Wetlands and Watercourses Regulations- Section 8

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Department of Planning, Conservation, and Development.

SECTION 8- RENDERING DECISION

  • 8.1- The Agency shall consider the following in making its decision on the application pursuant to Section 1.3 of these regulations.
    1. Written or oral testimony offered prior to and at the public hearing.
    2. Any reports from other agencies and commissions.
      1. The Agency shall submit all applications involving significant activities to the Middlesex County Soil and Water Conservation District.
      2. The Agency may request comments on all applications from the following:
        1. City of Middletown Conservation Commission;
        2. City of Middletown Planning and Zoning Department;
        3. City of Middletown Public Works, including the Building Division;
        4. City of Middletown Water and Sewer Department;
        5. City of Middletown and/or State Department of Health;
        6. Middlesex County Soil and Water Conservation District;
        7. Midstate Regional Planning Agency or other regional organization;
        8. Appropriate agencies in adjacent municipalities which may be affected by the proposed activity;
        9. Other technical agencies or organizations which may undertake additional studies or investigation such as but not limited to, the following: Department of Environmental Protection; US Army Corps of Engineers; Environmental Protection Agency, Department of Interior; Department of Agriculture; Agricultural Extension Service.
        10. A certified soil scientist designated by the Agency.
    3. Information submitted with the application.
    4. All relevant facts and circumstances as they affect inland wetlands and watercourses and their functional services including but not limited to:
      1. The environmental impact of the regulated activity on wetlands or watercourses including the effects on the inland wetlands' and watercourses' capacity to support fish and wildlife, to prevent flooding, to supply and protect surface and ground waters, to control sediment, to facilitate drainage, to control pollution, to support recreational activities, and to promote public health and safety.
      2. The applicant's purpose for, and any feasible and prudent alternatives to the proposed regulated activity which alternatives would cause less or no environmental impact to wetlands or watercourses.
      3. The relationship between the short-term and long-term impacts of the proposed regulated activity on wetlands or watercourses and the maintenance and enhancement of long-term productivity of such wetlands or watercourses.
      4. Irreversible and irretrievable loss of wetland or watercourse resources which would be caused by the proposed regulated activity, including the extent to which such activity would foreclose a future ability to protect, enhance or restore such resources, and any mitigation measures which may be considered as a condition of issuing a permit for such activity including, but not limited to, measure to (A) prevent or minimize pollution or other environmental damage, (B) maintaining or enhance existing environmental quality, or (C) in the following order of priority: restore, enhance, and create productive wetland or watercourse resources.
      5. The character and degree of injury to, interference with, safety, health or the reasonable use of property which is caused or threatened by the proposed regulated activity, or the creation of conditions which may do so. This includes recognition of potential damage from erosion, turbidity, or siltation, loss of fish and wildlife and their habitat, loss of unique habitat having demonstrable natural, scientific or educational value, loss or diminution of beneficial aquatic organisms and wetland plants, the dangers of flooding and pollution and the destruction of the economic, aesthetic, recreational and other public and private uses and values of wetlands and watercourses to the community.
      6. Impacts of the proposed regulated activity on wetlands or watercourses outside the area for which the activity is proposed and future activities associated with, or reasonably related to, the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses.
      7. Measures which would mitigate the impact of any aspect of the proposed regulated activity(s). Such measures include, but are not limited to, actions which avoid adverse impacts or lessen impacts to wetlands and watercourses and which could be feasibly carried out by the applicant and would protect or enhance the wetlands' or watercourses' natural capacity to support fish and wildlife, preventing flooding, supply water, control sedimentation, prevent erosion, assimilate wastes, facilitate drainage and to provide recreation and open space.
  • 8.2- In case of any application which received a public hearing pursuant to a finding by the Inland Wetlands Agency that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Agency finds on the basis of the record that a feasible and prudent alternative to alter or destroy Wetlands and/or Watercourses does not exist. In making this decision, the Agency shall consider the facts and circumstances set forth in Section 8.1 of these regulations. This finding and the reasons therefore shall be stated on the record in writing in the decision of the Agency.
  • 8.3- In the case of an application which is denied on the basis of a finding that there may be feasible and prudent alternatives to the proposed regulated activity which have less adverse impact on wetlands or watercourses, the agency shall identify on the record in writing the types of alternatives which the applicant may investigate provided this subsection shall not be construed to shift the burden from the applicant to prove that he is entitled to the permit or to present alternatives to the proposed regulated activity.
  • 8.4- All action on the application shall be in conformance with Section 9 of these regulations and shall be in writing.
    Action shall be taken on the application within thirty-five(35) days after the completion of a public hearing or, in the absence of a public hearing, within sixty-five(65) days from the date of the receipt of the application unless extensions are granted as specified in Section 4.2 of these regulations.
  • 8.5- The Agency shall notify the applicant of its decision by certified mail within fifteen (15) days of the date of the decision and the Agency shall cause notice of its order in issuance, denial, revocation or suspension of a permit to be published in a daily newspaper having general circulation within the City. In any case in which such notice is not published within such fifteen (15) day period, the applicant may provide for the publication of such notice within ten (10) days thereafter.
  • 8.6- The Agency shall file its decision with the City and Town Clerk within fifteen (15) days and shall also cause the Agency's designated agent to maintain a record of all applications.
  • 8.7- If an activity authorized by the Inland Wetlands permit also involves an activity or project which requires zoning or subdivision approval, a special zoning permit, variance or special exception, a copy of the decision and report on the application shall be filed with the City of Middletown Planning & Zoning Commission within fifteen (15) days of the date of the decision.
  • 8.8- Monthly reports to the Commissioner of Environmental Protection shall be mailed no later than the 15th of each month on the forms provided by the Department of Environmental Protection, including all information required under Section 22a-39(m)-1.
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