Sidebar Inland Wetlands and Watercourses Regulations- Section 9

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Department of Planning, Conservation, and Development.

SECTION 9- GRANTING A PERMIT

  • 9.1a- The Agency authorizes its agent to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than minimal impact on any wetlands or watercourses provided such agent has completed the comprehensive training program developed by the Commissioner pursuant to Sec. 22a-39 of the General Statutes.
  • 9.1b- Any person receiving such approval from such agent shall, within ten days of the date of such approval, publish, at the applicant's expense, notice of the approval in a newspaper having a general circulation in the town wherein the activity is located or will have an effect. Any person may appeal such decision of such agent to the Agency within fifteen days after the publication date of the notice and the Agency shall consider such appeal at its next regularly scheduled meeting provided such meeting is no earlier than three business days after receipt by such Agency or its agent of such appeal. The Agency shall, at its discretion, sustain, alter, or reject the decision of its agent or require an application for a permit in accordance with Section 3 of these regulations.
  • 9.1c- The Agency or its agent may grant the application as filed; grant it upon other terms, conditions, limitations or modifications which are designed to carry out the policy of Sections 22a-36 to 22a-45, inclusive, of the General Statutes. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would (A) prevent or minimize pollution or other environmental damage, (B) maintain or enhance existing environmental quality, or (C) in the following order of priority: restore, enhance and create productive wetland or watercourse resources.
  • 9.2- The Agency shall state upon its record the reason and basis for its decision and, in the case of any public hearing, such decision shall be based on the record of such hearing and shall be in writing.
  • 9.3- If the Agency denies the permit without prejudice or if it grants a permit with terms, conditions, limitations or modifications, the applicant may attempt to modify the proposal to the Agency's satisfaction. The Agency shall determine whether the proposed modification requires the filing of a new application. The rejection of a modified or corrected application by  the Agency shall be equivalent to the denial of an application for the purposes of appeal. If the conditions of the permit require changes to the plan(s), the applicant shall make the required modification and submit the amended plan to the Agency within on week of approval for the signature of the Chairman, or in the case of his inability to sign, the Vice-Chairman.
  • 9.4- If the Agency denies the permit, no further application will be heard by the Agency concerning the property and the uses requested in the application unless the Agency shall determine that the applicant has significantly modified his or her proposal pursuant to these regulations. Such a significantly modified application shall be deemed a new application and the review process set forth in these regulations shall be followed.
  • 9.5-
    1. The permit shall be valid for a period of five years from approval by the Agency. Any regulated activity approved by the Agency shall be completed within on year from the time such activity has commenced. The Agency may establish a specific time period of less than one year within which any regulated activity, once commenced, be completed. The expiration date shall be clearly state on the permit. Upon the expiration of the permit, or expiration of any period of extensions, such permit shall be null and void. All permits shall expire upon completion of the act(s) specified therein, or upon the expiration date, whichever is sooner.
    2. The Agency may extend 1) the time period of the original permit provided that such period shall not extend beyond ten years from the date such permit was granted, or 2) the time period within which an activity, once commenced, is required to be completed under this section. No such extension shall be granted by the Agency except upon a written request by the permitholder. Such written request shall include the following: 1) the specific reasons for the extension of time, 2) statement that no change in the regulated area referred to in the permit occurred since the issuance of the permit or most recent extension, or if change has occurred, statement that the originally issued permit or the most recent extension adequately protects the regulated area, taking into account such change, 3) disclosure of the qualifications of the person(s) making statement required in subsection2. A permitholder bears the burden of proving that there is no change in circumstances since the prior application or request for extension.
    3. Any written request for extension of time shall be made to the Agency and received by the Agency before the expiration of the original approved period or any extension previously granted. Upon timely request for extension, the permit shall not expire until the Agency acts upon the request. if a request for extension is received by the Agency after the expiration of the permit or any previously granted extension, the Agency shall deny the request and inform the party requesting the extension that a new application for a permit may be filed and can be acted upon by the Agency. (Amended effective 2/17/95)
    4. Before acting upon the request for extension, the Agency shall review and consider the original permit and previous extension granted, if any, and the written request by the permitholder. The Agency may require the permitholder to provide more information which the Agency deems pertinent to making a decision of the request. The Agency may request comments from any agencies or commissions listed in Section 8.1.B.2 of these regulations. A public hearing may be held on all requests for extension. A public hearing may be held in any other matter.
    5. The Agency may 1) grant the extension as requested, 2) grant the request with conditions, or 3) deny the extension, if in the case of 2) or 3)m the Agency has found that a change of condition affecting the regulated area has occurred since its prior decision or other considerations materially affecting the regulated area have intervened or an enforcement action has been undertaken with regard to the regulated activity for which the permit was issued and no vested rights have arisen as a result of the issuance of the permit, and, in the case of 2), that conditions to protect regulated areas must be imposed, or, in the case of 3) that denial is the appropriate action to protect the regulated area. (Amended effective 10/15/93)
  • 9.6- No permit shall be assigned, transferred, sublet or sold to any other person without the prior written permission of the Agency. there shall be a permit transfer fee of $25.00.
    1. In order to obtain a transfer permit, the buyer must apply for a transfer permit within thirty (30) days of the closing on the property on which a wetlands permit is in effect.
    2. Record of the transfer shall be kept on file with the office of the Inland Wetlands Agency.
    3. Before a building permit is issued, the new owner must satisfactorily demonstrated to the Building Department that either: 1) no permit is needed for the proposed activity; or, 2) that the wetlands permit in effect at the time of the closing has been properly transferred.
    4. Transfers where no changes are sought can be approved by the staff secretary who will report all such transfers at the next meeting.
  • 9.7- If a bond or insurance is required, in accordance with Section 10 of these     regulations, no permit shall be issued until such bond or insurance is provided.
  • 9.8- General provisions in the issuance of all permits
    1. Nothing in these regulations shall obviate any requirement for the applicant to obtain any other assent, permit or license by law or regulation by the Government of the United States or the State of Connecticut or any other political subdivisions thereof.
      The obtaining of such assents, permits or licenses is solely the responsibility of the applicant.
    2. Flagging of the wetland boundaries shall be by continuous construction ribbon, shall be in place before any activity commences, and shall be kept in good repair for the duration of the project. no disturbance or activity either permanent or temporary is allowed within one hundred (100') feet of the wetland boundaries other than as shown on the plan(s) duly approved by the Agency. Flagging must be visible above the basic ground level vegetation.
    3. In evaluating applications in which the Agency relied in whole or in part on information provided by the applicant and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, then the permit may be modified, suspended or revoked.
    4. All permits issued by the Agency are subject to and do not derogate any present or future rights or powers of the Agency or the City of Middletown and convey no rights in real estate or material nor any exclusive privileges and are further subject to any and all public and private rights and to any Federal, State and municipal laws or regulations pertinent to the property or activity.
    5. If the activity authorized by the Inland Wetlands Permit also involves an activity or a project which requires zoning or subdivision approval, special permit, variance or special exception, no work pursuant to the Inland Wetlands permit may begin until such approval is obtained and the Chairman of the Inland Wetlands and Watercourses Agency signs the final Mylar plans.
    6. The permit tee shall employ construction management practices, consistent with the terms and conditions of the permit, to control storm water discharges and to prevent erosion and sedimentation and to otherwise prevent pollution of wetlands and watercourses.
    7. A copy of the plans approved by the Agency shall be kept at the job site.
    8. The Agency shall be notified, by postcard, immediately before any activity begins in the wetlands in order to schedule a preconstruction conference with the Enforcement Officer
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