Hot Report: Connecticut Regulation of Inland Wetlands and Watercourses

OLR Report 2012-R-0155 summarizes Connecticut's regulation of inland wetlands and watercourses, and  specifically as it pertains to the town of Orange.

Although the Department of Energy and Environmental Protection (DEEP) regulates activities in the state's inland wetlands and watercourses under the Inland Wetlands and Watercourses Act (hereafter, the Act), the Act requires municipalities to regulate activities in these areas when they are located within their boundaries. If a municipal inlands wetlands agency determines that a person is violating state law or a local ordinance, the agency may issue a cease and desist order, and either impose a fine or request the court to impose penalties.

A Connecticut court can likewise order a responsible party to correct the condition it created. Anyone willfully or knowingly violating the law is subject to criminal penalties including: (1) for the first offense, a fine of up to $1,000 a day, imprisonment for up to six months, or both and (2) for each subsequent offense, a fine of up to $2,000 a day, imprisonment for up to one year, or both.

In Orange, the Inland Wetlands and Watercourses Commission adopted the Inland Wetlands and Watercourses Regulations in accordance with the Act. The commission enforces all provisions of these regulations and the Act, and is responsible for approving or denying permits for all regulated activities. A regulated activity includes removing or depositing material or any obstruction, construction, alteration, or pollution of such wetlands or watercourses.

Any citizen of a municipality may bring an activity believed to be improperly conducted to the attention of the inland wetlands agency by contacting the municipal wetlands agent. Likewise, any person owning or occupying land that abuts any portion of land within a radius of 90 feet of the inland wetland or watercourse may appeal any regulation, order, decision or action a municipal inland wetland and watercourse commission makes to the Superior Court.

According to Robert Gilmore of DEEP, under Section 404 of the Federal Clean Water Act, any discharge of material into an inland wetland or watercourse also requires a permit from the U.S. Army Corps of Engineers (33 USC § 1344).

For more information, read the full report.