[HISTORY: Adopted by the Town Meeting of the Town of Lyme
effective 7-3-1965; amended 12-7-1973; 5-28-1982; 12-28-1990 by Ord.
No. 90-6; 1-25-1991 by Ord. No. 90-6A. Subsequent amendments noted where
applicable.]
There is established a Conservation Commission for the development,
conservation, supervision and regulation of natural resources, including
water resources and/or wetlands within the territorial limits of the
Town of Lyme. Such Commission, in the name of the Town of Lyme, for
any of its purposes may receive gifts, acquire land and easements,
and administer the same as authorized by § 7-131a of the
Connecticut General Statutes as amended to date hereof and subject
to the Board of Selectmen of the Town of Lyme.
A.
The Conservation Commission shall consist of seven regular members
and two alternate members whose term of office shall be for a term
of three years. In order to implement a logical succession, the Board
of Selectmen shall appoint three members annually, including alternates,
for a term ending on the second Tuesday in November. A vacancy shall
be filled with a member appointment by the Board of Selectmen to serve
the remainder of the unexpired term.
B.
The Board of Selectmen shall have the further right to remove any
members of said Commission for cause, such cause including, but not
limited to, arbitrary or capricious conduct in Commission business
or proceedings, or action taken with intentional disregard of Commission
procedure or authority.
A.
The wetlands and watercourses of the Town are indispensable and irreplaceable
but fragile natural resources with which the citizens of the Town
have been endowed. The wetlands and watercourses are an interrelated
web of nature essential to an adequate supply of surface and underground
water; to hydrological stability and control of flooding and erosion;
to the recharging and purification of groundwater; and the existence
of many forms of animal, aquatic and plant life.
B.
Many wetlands and watercourses have been destroyed or are in danger
of destruction because of unregulated use by reason of the deposition,
filling or removal of material, the diversion or obstruction of water
flow, the erection of structures and other uses, all of which have
despoiled, polluted and eliminated wetlands and watercourses. Such
unregulated activity has had and will continue to have a significant
adverse impact on the environment of the Town and has and will continue
to imperil the quality of the environment of the Town for its citizens
now and forevermore.
C.
The preservation and protection of the wetlands and watercourses
from random, unnecessary, undesirable and unregulated uses, disturbance
or destruction is in the public interest and is essential to the health,
welfare and safety of the citizens of the Town.
D.
It is, therefore, the purpose of this chapter to protect the citizens
of the Town by making provisions for the protection, preservation,
maintenance and use of the wetlands and watercourses by minimizing
their disturbance and pollution; maintaining and improving water quality
in accordance with the highest standards set by federal, state or
local authority; preventing damage by erosion, turbidity or siltation;
preventing loss of fish and other beneficial aquatic organisms, wildlife
and vegetation and the destruction of the natural habitats thereof;
deterring and inhibiting the danger of flood and pollution; protecting
the quality of wetlands and watercourses for their conservation, economic,
aesthetic, recreational and other public and private uses and values;
and protecting the Town's potable fresh water supplies from the dangers
of drought, overdraft, pollution, misuse and mismanagement by providing
an orderly process to balance the need of economic growth of the Town
and the use of its land with the need to protect its environment and
ecology in order to forever guarantee to the people of the Town the
safety of such natural resources for their benefit and enjoyment of
generations yet unborn.
[Amended 12-10-2019 by Ord. No. 2019-4]
The Conservation Commission acting as the Inland Wetlands and
Watercourses Agency shall be the regulating agency and as such has
been authorized to promulgate such regulations, in conformity with
regulations or guidelines promulgated by the State Commissioner of
Energy and Environmental Protection, as are necessary to protect the
watercourses and wetlands within the territorial limits of the Town,
and pursuant to Connecticut General Statutes §§ 22a-36
to 22a-45 inclusive.[1]
A.
Prior to the adoption or amendment of any regulation hereafter per § 19-4, including the establishment of wetlands area boundaries and maps thereof, the Conservation Commission acting as the Inland Wetlands and Watercourses Agency shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in the form of a legal advertisement, appearing in a newspaper having a substantial circulation in the municipality at least twice at intervals of not less than two days, the first not more than 25 days nor less than 15 days and the last not less than two days, before such hearing, and a copy of such proposed regulation, boundary or amendment shall be filed in the office of the Town Clerk for public inspection at least 10 days before such hearing and may be published in such paper.
[Amended 12-10-2019 by Ord. No. 2019-4]
B.
A copy of the notice and the proposed regulations or amendments thereto,
except determination of boundaries, shall be provided to the State
Commissioner of Energy and Environmental Protection at least 35 days
before such hearing.
C.
Regulations or boundary changes therein shall become effective at
such time as is fixed by the Agency, provided that a copy of such
regulation, boundary, amendment or change shall be filed in the office
of the Town Clerk.
D.
Whenever the Conservation Commission acting as the Inland Wetlands
and Watercourses Agency makes a change in its regulations or boundaries
it shall provide a copy of such regulation, boundary, amendment or
change to the State Commissioner of Energy and Environmental Protection
no later than 10 days after its adoption, provided that failure to
submit such regulation, boundary or change shall not impair the validity
of such regulation, boundary or change.
[Amended 12-10-2019 by Ord. No. 2019-4]
[Amended 12-10-2019 by Ord. No. 2019-4]
In exercising the authority granted herein, the Conservation
Commission acting as the Inland Wetlands and Watercourses Agency shall:
A.
Develop comprehensive programs in furtherance of the purposes of
this chapter.
B.
Advise, consult and cooperate with other agencies of the Town, the
state, the federal government, other states and with persons and municipalities
in furtherance of the purposes of this chapter. To this end, all applications
for permits, subdivision plans or other requests which involve or
may reasonably involve a regulated activity that are made to any Town
board, commission or official agency shall be forwarded, by such board
or official, for review by the Conservation Commission acting as the
Inland Wetlands and Watercourses Agency as to the applicability of
the Inland Wetlands and Watercourses Regulations thereto.
C.
Encourage, participate in or conduct studies, investigations, research
and demonstrations, and collect and disseminate information, relating
to the purposes of this chapter.
D.
Retain and employ consultants and assistants on a contract or other
basis for rendering legal, financial, technical or other assistance
and advice in furtherance of any of its purposes, specifically including,
but not limited to, soil scientists of the United States Natural Resources
Conservation Service for the purpose of making on-site inspections,
evaluations and findings as to soil types, and/or utilize the services
of such other state or Town personnel as it may deem appropriate.
E.
Promulgate such regulations as are necessary to protect the wetlands
and watercourses, any of them individually or collectively, and inventory
or index the wetlands and watercourses in such form, including pictorial
representation, as the Conservation Commission acting as the Inland
Wetlands and Watercourses Agency deems best suited to effectuate the
purposes of this chapter.
F.
Exercise all incidental powers, including but not limited to the
issuance of orders necessary to carry out the purposes of this chapter.
[Amended 12-10-2019 by Ord. No. 2019-4]
Any person aggrieved by a final decision of the Town acting
through the Conservation Commission acting as the Inland Wetlands
and Watercourses Agency shall have all rights to appeal as provided
by Connecticut General Statutes §§ 22a-43 and 22a-43a,
amended to date, and such other rights of appeal as are now or may
hereafter be permitted by statute.
Any person violating this chapter or regulation promulgated
thereunder shall be subject to the remedies and penalties of Connecticut
General Statutes §§ 22a-43 through 22a-44, inclusive,
as amended and as the same may hereafter be amended.
The invalidity of any word, clause, sentence, section, part
or provision of this chapter shall not affect the validity of any
part which can be given effect without such invalid part or parts.
The enactment of this chapter shall not affect the validity or effectiveness
of any regulation, amendment thereto or order, permit, condition or
other action, including but not limited to boundary changes, heretofore
enacted by said Commission, otherwise lawfully enacted by said Commission
prior to date, nor the lawful and continuing establishment of said
Commission and its regulations and watercourses and wetlands boundaries
as the same are currently constituted, but the same shall be continued
by this chapter. The current membership and constitution of said Commission
shall be deemed to continue in effect as currently constituted by
the enactment of this chapter.
