[HISTORY: Adopted by the Conservation Commission of the Town
of Lyme acting as the Inland Wetlands and Watercourses Agency 7-18-2018; amended 10-16-2019. Subsequent amendments noted where applicable.]
A.
Findings and purpose.
(1)
The
inland wetlands and watercourses of the State of Connecticut are an
indispensable and irreplaceable but fragile natural resource with
which the citizens of the state 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 to the existence of many forms of animal, aquatic
and plant life. Many inland 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 and ecology
of the State of Connecticut and has and will continue to imperil the
quality of the environment, thus adversely affecting the ecological,
scenic, historic and recreational values and benefits of the state
for its citizens now and forevermore. 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 state.
(2)
It
is, therefore, the purpose of these regulations to protect the citizens
of the state by making provisions for the protection, preservation,
maintenance and use of the inland 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 from 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 state's potable fresh water supplies from
the dangers of drought, overdraft, pollution, misuse and mismanagement
by providing an orderly process to balance the need for the economic
growth of the state 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 state the safety of such natural resources for their benefit
and enjoyment and for the benefit and enjoyment of generations yet
unborn.
B.
Title. These regulations shall be known as the "Inland Wetlands and
Watercourses Regulations of the Town of Lyme, Connecticut."
C.
Implementation. The Inland Wetlands and Watercourses Agency of the
Town of Lyme was established in accordance with an ordinance adopted
July 3, 1977, and shall implement the purposes and provisions of these
regulations and the Inland Wetlands and Watercourses Act in the Town
of Lyme.
D.
Authority. These regulations have been adopted and may be amended,
from time to time, in accordance with the provisions of the Inland
Wetlands and Watercourses Act and these regulations.
E.
Administration and enforcement. The Agency shall enforce the Inland
Wetlands and Watercourses Act and shall issue, with terms, conditions,
limitations or modifications, or deny permits for all regulated activities
in the Town of Lyme pursuant to §§ 22a-36 to 22a-45,
inclusive, of the Connecticut General Statutes, as amended.
As used in these regulations, the following terms shall have
the meanings indicated:
The Inland Wetlands and Watercourses Act, §§ 22a-36
through 22a-45, inclusive, of the Connecticut General Statutes, as
amended.
The Inland Wetlands and Watercourses Agency which is in Lyme,
Connecticut, the Conservation Commission acting as the Inland Wetlands
and Watercourses Agency.
Watercourses distinguished by evergreen trees and shrubs
underlain by peat deposits, poor or very poor drainage, and highly
acidic conditions.
The harvest of timber in a fashion which removes all trees
down to two inches in diameter at breast height.
A member, or alternate member serving as member, of the Inland
Wetlands and Watercourses Agency of the Town of Lyme.
The Commissioner of the State of Connecticut Department of
Energy and Environmental Protection.
A flow of water which persists for an extended period of
time; this flow may be interrupted during periods of drought or during
the low flow period of the annual hydrological cycle, June through
September, but it recurs in prolonged succession.
Includes, but shall not be limited to, fill, grade, dump,
place, discharge or emit.
An individual(s) designated by the Conservation Commission
and Inland Wetlands and Watercourses Agency of the Town of Lyme to
carry out its functions and purposes.
Emission of any water, substance, or material into wetlands
or watercourses whether or not such substance causes pollution.
The activity will or may alter the inland wetlands and watercourses
by reason of removal or deposition of material or cutting in or near
regulated areas, or alteration or obstruction of water flow, or which
may or will result in the pollution of a wetland or watercourse.
The proposed activity is necessary and indispensable to sustain
farming activities on a farm.
A pond that is accessory to a farm. A farm pond shall be
defined as the minimum size and number of impoundment(s) which is
or are reasonably required for the watering of livestock, the irrigation
of crops, or other agricultural activities currently taking place
on the subject property, as opposed to merely contemplated. This definition
shall be construed so as to exclude from the meaning of "farm pond"
impoundments which are essentially ornamental, or which are of such
size, number, character, or location that their primary function is
not the support of commercial agricultural operations.
Shall be consistent with the definition included in the Connecticut
General Statutes § 1-1(q) as may be amended.
Able to be constructed or implemented consistent with sound
engineering principles.
Extension of any activity, including but not limited to occupancy
of a structure for greater than 180 days annually when the same has
heretofore been occupied less than 180 days annually, when such extension
may or will result in increased utilization of a subsurface waste
disposal system.
The whole or any part of any permit, certificate of approval
or similar form of permission that may be required of any person by
the provisions of §§ 22a-36 through 22a-45 of the Connecticut
General Statutes, inclusive.
A practice, procedure, activity, structure or facility designed
to prevent or minimize pollution or other environmental damage or
to maintain or enhance existing environmental quality. Such management
practices include, but are not limited to, erosion and sedimentation
controls; restrictions on land use or development; construction setbacks
from wetlands or watercourses; proper disposal of waste materials;
procedures for equipment maintenance to prevent fuel spillage; construction
methods to prevent flooding or disturbance of wetlands and watercourses;
procedures for maintaining continuous stream flows; and confining
construction that must take place in watercourses to times when water
flows are low and fish and wildlife will not be adversely affected.
Watercourses that are distinguished by the absence of trees
and shrubs and the dominance of soft-stemmed herbaceous plants. The
water table in marshes is at or above the ground surface throughout
the year and areas of open water six inches or more in depth are common,
but seasonal water table fluctuations are encountered.
Any substance, solid or liquid, organic or inorganic, including
but not limited to soil, sediment, aggregate, land, gravel, clay,
bog, peat, mud, debris, sand, refuse or waste.
The Town of Lyme, Connecticut.
Land used for propagating trees, shrubs or other plants for
transplanting, sale, or for use as stock for grafting or experimentation.
The whole or any part of any license, certificate of approval
or similar form of permission that may be required of any person by
the provisions of these regulations and the Act or other municipal,
state and federal law.
The person to whom a permit has been issued.
Any person, firm, partnership, association, corporation,
company, limited liability company, organization or legal entity of
any kind, including municipal corporations, governmental agencies
or subdivisions thereof.
Harmful thermal effect or the contamination or rendering
unclean or impure of any waters of the state by reason of any waste
or other materials discharged or deposited therein by any public or
private sewer or otherwise so as directly or indirectly to come in
contact with any waters. This includes, but is not limited to, erosion
and sedimentation resulting from any filling, runoff, land clearing,
or excavation activity.
Economically and otherwise reasonable in light of the social
benefits to be derived from the proposed regulated activity, provided
that cost may be considered in deciding what is prudent, and further
provided that a mere showing of expense will not necessarily mean
an alternative is imprudent.
Any operation within or use of a watercourse or of a wetland or within a regulated area involving removal or deposit of material, or any obstruction, construction, alteration, artificial illumination, pollution or compaction of such watercourses, wetlands or regulated areas, excluding, however, the specified activities in § 300-4A hereof. The location of any portion of any subsurface waste disposal system within 200 feet of Uncas Lake, Norwich Pond, Rogers Lake, Cedar Lake, Cedar Pond Brook, Eight Mile River, Eight Mile River East Branch, Beaver Brook, Roaring Brook, Grassy Hill Brook, Hemlock Valley Brook, or Whalebone Creek or within 150 feet of such waterline of all other watercourses and within 150 feet of all wetlands is deemed a regulated activity.
All watercourses and all tributaries thereof; areas within
100 feet of all wetlands and watercourses and tributaries thereof.
Includes, but shall not be limited to, drain, excavate, mine,
dig, dredge, suck, bulldoze, dragline or blast.
Any alteration of the physical, chemical or biological properties
of any waters of the state, including, but not limited to, change
in odor, color, turbidity or taste.
Any activity, including, but not limited to, the following
activities, which may have a major effect:
Any activity involving deposition or removal of material, which
will or may have a substantial effect on the wetland or watercourse
or on wetlands or watercourses outside the area for which the activity
is proposed.
Any activity which substantially changes the natural channel
or may inhibit the natural dynamics of a watercourse system.
Any activity which substantially diminishes the natural capacity
of an inland wetland or watercourse to support aquatic, plant or animal
life and habitats; prevent flooding; supply water; assimilate waste;
facilitate drainage; provide recreation or open space; or perform
other functions.
Any activity which is likely to cause or has the potential to
cause substantial turbidity, siltation or sedimentation in a wetland
or watercourse.
Any activity which causes a substantial diminution of flow of
a natural watercourse or groundwater levels of the wetland or watercourse.
Any activity which is likely to cause or has the potential to
cause pollution of a wetland or watercourse.
Any activity which damages or destroys unique wetland or watercourse
areas or such areas having demonstrable scientific or educational
value.
An individual duly qualified in accordance with standards
set by the United States Office of Personnel Management.
Those lands that are inundated by water on a seasonal or
more frequent basis.
An area with soils that exhibit aquic moisture regimes and
are dominated by wetland trees and shrubs. Typical examples of swamp
species are listed in a booklet titled "Inland Wetland Plants of Connecticut"
by William A. Niering and Richard H. Goodwin, prepared by the Connecticut
Arboretum (Bulletin No. 19, May 19, 1973), p. 24, republished by the
State of Connecticut Department of Environmental Protection.
Town of Lyme, New London County, State of Connecticut.
Sewage or any substance, liquid, gaseous, solid or radioactive,
which may pollute or tend to pollute any of the wetlands or watercourses
of the Town.
Rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs, and all other bodies of water, natural or artificial,
vernal or intermittent, public or private, which are contained within,
flow through or border upon the Town or any portion thereof not regulated
pursuant to §§ 22a-28 through 22a-35, inclusive, of
the Connecticut General Statutes. Intermittent watercourses shall
be delineated by a defined permanent channel and bank and the occurrence
of two or more of the following characteristics: evidence of scour
or deposits of recent alluvium or detritus, the presence of standing
or flowing water for a duration longer than a particular storm incident,
and the presence of hydrophytic vegetation. "Watercourses" includes
aquatic, plant or animal life and habitats in wetlands or watercourses;
"habitats" means areas or environments in which an organism or biological
population normally lives or recurs.
Land, including submerged land as defined in this section,
not regulated pursuant to §§ 22a-28 through 22a-35,
inclusive, of the Connecticut General Statutes, which consists of
any of the soil types designated as poorly drained, very poorly drained,
alluvial and floodplain by the National Cooperative Soils Survey,
as it may be amended from time to time, of the Natural Resources Conservation
Service of the United States Department of Agriculture (USDA). Such
areas may include filled, graded, or excavated sites that possess
an aquic (saturated) soil moisture regime as defined by the USDA Cooperative
Soil Survey. "Wetlands" includes aquatic, plant or animal life and
habitats in wetlands or watercourses; "habitats" means areas or environments
in which an organism or biological population normally lives or recurs.
Typical examples of swamp, marsh and bog species are listed in the
booklet titled "Inland Wetland Plants of Connecticut," Wm. A. Neiring
and R.H. Goodwin, for the Connecticut Department of Protection, May
1973.
A.
The map of wetlands and watercourses titled "Town of Lyme, New London
County Connecticut, Watercourses and Inland Wetlands Map" delineates
the general location and boundaries of inland wetlands and the general
location of watercourses. Copies of this map are available for inspection
at the office of the Town Clerk or the Inland Wetlands and Watercourses
Agency. In all cases, the precise location of wetlands and watercourses
shall be determined by the actual character of the land, the distribution
of wetland soil types and location of watercourses. The Agency may
use aerial photography, remote sensing imagery, resource mapping,
soils maps, site inspection observations or other information in determining
the location of the boundaries of wetlands and watercourses.
B.
Any person may petition the Agency for an amendment to the map. All petitions for a map change shall be submitted in writing and shall include all relevant facts and circumstances which support change. The petitioner shall bear the burden of proof regarding the proposed map amendment. Such proof may include but not be limited to aerial photography, remote sensing imagery, resource mapping or other available information. The Agency may require such person to provide an accurate delineation of regulated areas in accordance with § 300-15 of these regulations.
C.
The Agency shall maintain a current inventory of regulated areas
within the Town. The Agency may amend its map as more accurate information
becomes available.
A.
The following operations and uses shall be permitted in inland wetlands
and watercourses, as of right:
(1)
Grazing, farming, nurseries, gardening and harvesting of crops and
farm ponds of three acres or less essential to the farming operation,
and activities conducted by, or under the authority of, the Department
of Energy and Environmental Protection for the purposes of wetland
or watercourse restoration or enhancement or mosquito control. The
provisions of this subsection shall not be construed to include road
construction or the erection of buildings not directly related to
the farming operation, relocation of watercourses with continual flow,
filling or reclamation of wetlands or watercourses with continual
flow, clear-cutting of timber except for the expansion of agricultural
cropland, or the mining of topsoil, peat, sand, gravel or similar
material from wetlands or watercourses for the purposes of sale;
(2)
A residential home (a) for which a building permit has been issued
or (b) on a subdivision lot, provided the permit has been issued or
the subdivision has been approved by a municipal planning, zoning
or planning and zoning commission as of the effective date of promulgation
of the municipal regulations pursuant to Subsection (c) of § 22a-42
of the Connecticut General Statutes or as of July 1, 1974, whichever
is earlier, and further provided no residential home shall be permitted
as of right pursuant to this subsection unless the building permit
was obtained on or before July 1, 1987;
(3)
Boat anchorage or mooring, not to include dredging or dock construction;
(4)
Uses incidental to the enjoyment or maintenance of residential property,
such property defined as equal to or smaller than the largest minimum
residential lot site permitted anywhere in the municipality. Where
there are no zoning regulations establishing minimum residential lot
sites, the largest minimum lot site shall be two acres. Such incidental
uses shall include maintenance of existing structures and landscaping,
but shall not include removal or deposition of significant amounts
of material from or onto a wetland or watercourse, or diversion or
alteration of a watercourse;
(5)
Construction and operation, by water companies as defined by § 16-1
of the Connecticut General Statutes or by municipal water supply systems
as provided for in Chapter 102 of the Connecticut General Statutes,
of dams, reservoirs and other facilities necessary to the impounding,
storage and withdrawal of water in connection with public water supplies
except as provided in §§ 22a-401 through 22a-403 of
the Connecticut General Statutes;
(6)
Maintenance relating to any drainage pipe which existed before the
effective date of any municipal regulations adopted pursuant to § 22a-42
of the Connecticut General Statutes or July 1, 1974, whichever is
earlier, provided such pipe is on property which is zoned as residential,
but which does not contain hydrophytic vegetation. For purposes of
this subsection, "maintenance" means the removal of accumulated leaves,
soil, and other debris, whether by hand or machine, while the pipe
remains in place; and
(7)
Withdrawals of water for fire emergency purposes.
B.
The following operations and uses shall be permitted as non-regulated
uses in wetlands and watercourses provided they do not disturb the
natural and indigenous character of the wetland or watercourse by
removal or deposition of material, alteration or obstruction of water
flow or pollution of the wetland or watercourse:
(1)
Conservation of soil, vegetation, water, fish, shellfish, and wildlife.
(2)
Outdoor recreation, including play and sporting areas, golf courses,
field trials, nature study, hiking, horseback riding, swimming, skin
diving, camping, boating, water-skiing, trapping, hunting, fishing
and shellfishing where otherwise legally permitted and regulated.
C.
All activities in wetlands or watercourses involving filling, excavating, dredging, clear-cutting, clearing, or grading or any other alteration or use of a wetland or watercourse not specifically permitted by this section and otherwise defined as a regulated activity by these regulations shall require a permit from the Agency in accordance with § 300-6 of these regulations or, for certain regulated activities located outside of wetlands and watercourses, from the duly authorized agent in accordance with § 300-12 of these regulations.
D.
To carry out the purposes of this section, any person proposing permitted
operation and use or a non-regulated operation and use shall, prior
to commencement of such operation and use, notify the Agency on a
form provided by it and provide the Agency with sufficient information
to enable it to properly determine that the proposed operation and
use is a permitted or non-regulated use of a wetland or watercourse.
The Agency shall rule that the proposed operation and use or portion
of it is a permitted or non-regulated operation and use or that the
proposed operation and use is a regulated activity and a permit is
required.
A.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over regulated activities in or affecting wetlands
or watercourses undertaken by any department, agency or instrumentality
of the State of Connecticut, except any local or regional board of
education, pursuant to § 22a-39 or 22a-45 of the Connecticut
General Statutes.
B.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over tidal wetlands designated and regulated
pursuant to §§ 22a-28 through 22a-35 of the Connecticut
General Statutes, as amended.
C.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over activities authorized under a dam repair
or removal order issued by the Commissioner of Energy and Environmental
Protection under § 22a-402 of the Connecticut General Statutes
or a permit issued by the Commissioner of Energy and Environmental
Protection under § 22a-403 of the Connecticut General Statutes.
Any person receiving such dam repair or removal order or dam construction
permit shall not be required to obtain a permit from a municipal wetlands
agency for any action necessary to comply with said dam order or to
carry out the activities authorized by said dam permit.
D.
The Commissioner of Energy and Environmental Protection shall have
exclusive jurisdiction over the discharge of fill or dredged materials
into the wetlands and watercourses of the state pursuant to Section
401 of the Federal Clean Water Act, as amended, for activities regulated
by the United States Army Corps of Engineers under Section 404 of
the Federal Clean Water Act.
A.
No person shall conduct or maintain a regulated activity without
first obtaining a permit for such activity from the Inland Wetlands
and Watercourses Agency of the Town of Lyme.
B.
Any person found to be conducting or maintaining a regulated activity without the prior authorization of the Agency, or violating any other provision of these regulations, shall be subject to the enforcement proceedings and penalties prescribed in § 300-14 of these regulations and any other remedies as provided by law.
A.
Any person intending to conduct a regulated activity or to renew
or amend a permit to conduct such activity shall apply for a permit
on a form provided by the Agency. The application shall contain the
information described in this section and any other information the
Agency may reasonably require. Application forms may be obtained in
the offices of the Lyme Town Clerk or the Agency and shall be filed
within a minimum of two weeks prior to any regularly scheduled meeting
of the Agency to be placed on the agenda of such meeting.
B.
If an application to the Town of Lyme Planning and Zoning Commission
for subdivision or resubdivision of land involves land containing
a wetland, watercourse, or regulated area, the applicant shall, in
accordance with § 8-3(g), 8-3c, or 8-26, as applicable,
of the Connecticut General Statutes, submit an application for a permit
to the Agency in accordance with this section no later than the day
the application is filed with the Lyme Planning and Zoning Commission.
The Agency may conduct a site walk on any application.
C.
The application shall contain such information as is necessary for
a fair and informed determination thereon by the Agency.
D.
A prospective applicant may request the Agency to determine whether
or not a proposed activity involves a significant impact activity.
E.
All applications shall include the following information in writing
and/or on maps and/or drawings:
(1)
A completed application form, including the applicant's name,
home and business e-mail, mailing addresses and telephone numbers;
if the applicant is a limited liability corporation or a corporation,
then the managing member's or responsible corporate officer's
name, e-mail, mailing address and telephone numbers shall be included;
(2)
The owner's name, mailing address and telephone number and written
consent of the landowner if the applicant is not the owner of the
land upon which the subject activity is proposed;
(3)
The applicant's interest in the land;
(4)
The geographical location of the land which is the subject of the
proposed activity and a description of the land in sufficient detail
to allow identification of the inland wetlands and watercourses, the
area(s) (in acres or square feet) of wetlands or watercourses to be
disturbed, soil type(s), and wetland vegetation;
(5)
The purpose and a description of the proposed activity and proposed
erosion and sedimentation controls and other management practices
and mitigation measures which may be considered as a condition of
issuing a permit for the proposed regulated activity, including, but
not limited to, measures to prevent or minimize pollution or other
environmental damage, maintain or enhance existing environmental quality,
or, in the following order of priority: restore, enhance and create
productive wetland or watercourse resources;
(6)
Alternatives which would cause less or no environmental impact to
wetlands and watercourses and why the alternative as set forth in
the application was chosen; all such alternatives shall be diagrammed
on a site plan or drawing;
(7)
A site plan showing the existing condition and the proposed activity
in relation to wetlands and watercourses and identifying any further
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;
(8)
Names and mailing addresses of adjoining landowners;
(9)
Statement by the applicant that the applicant is familiar with all
the information provided in the application and is aware of the penalties
for obtaining a permit through deception or through inaccurate or
misleading information. All information submitted in the application
shall be considered factual or, in the case of anticipated activity,
binding. A knowing failure on the part of the applicant or any of
his agents to provide correct information or performance exceeding
the levels of anticipated activity shall be sufficient grounds for
the revocation of any permit issued under these regulations and/or
for penalties to be imposed;
(10)
Authorization for the members and agents of the Agency to inspect
the subject land, at reasonable times, during the pendency of an application
and for the life of the permit;
(11)
A completed Department of Energy and Environmental Protection
(DEEP) reporting form; the Agency, or its duly authorized agent, shall
revise or correct the information provided by the applicant and submit
the form to the Commissioner of Energy and Environmental Protection
in accordance with Section 22a-39-14 of the Regulations of Connecticut
State Agencies;
(12)
Any other information the Agency deems necessary to the understanding
of what the applicant is proposing; and
(13)
Submission of the appropriate filing fee based on the fee schedule
established in Appendix A of these regulations.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
F.
At the discretion of the Agency or its agent, or when the proposed
activity involves a significant impact, additional information, based
on the nature and anticipated effects of the activity, including but
not limited to the following, is required:
(1)
Site plan for the proposed activity and the land which will be affected
thereby which shows existing and proposed conditions, wetland and
watercourse boundaries, land contours, boundaries of landownership,
proposed alterations and uses of wetlands and watercourses, and other
pertinent features of the land and the proposed activity, prepared
by a professional engineer, land surveyor, architect or landscape
architect licensed by the state, or by such other qualified person;
(2)
Engineering reports and analyses and additional drawings to fully
describe the proposed activity, including any filling, excavation,
drainage or hydraulic modifications to watercourses and the proposed
erosion and sedimentation control plan;
(3)
Mapping of soil types consistent with the categories established
by the National Cooperative Soil Survey of the United States Natural
Resources Conservation Service; the wetlands shall be delineated in
the field by a soil scientist and the soil scientist's field
delineation shall be depicted on the site plans;
(4)
A description of the ecological communities and functions of the
wetlands or watercourses involved with the application and the effects
of the proposed activity on these communities and wetland functions;
(5)
A description of how the applicant will change, diminish, or enhance
the ecological communities and functions of the wetlands or watercourses
involved in the application and each alternative which would cause
less or no environmental impact to wetlands or watercourses, and a
description of why each alternative considered was deemed neither
feasible nor prudent;
(6)
Analysis of chemical or physical characteristics of any fill material;
and
(7)
Management practices and other measures designed to mitigate the
impact of the proposed activity.
G.
The applicant shall certify whether:
(1)
Any portion of the property on which the regulated activity is proposed
is located within 500 feet of the boundary of an adjoining municipality;
(2)
Traffic attributable to the completed project on the site will use
streets within the adjoining municipality to enter or exit the site;
(3)
Sewer or water drainage from the project site will flow through and
impact the sewage or drainage system within the adjoining municipality;
or
(4)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
H.
Ten copies of all application materials shall be submitted to comprise
a complete application unless an applicant is otherwise directed,
in writing, by the Agency.
I.
Any application to renew or amend an existing permit shall be filed with the Agency in accordance with § 300-8 of these regulations at least 65 days prior to the expiration date of the permit. Any application to renew or amend such an existing permit shall contain the information required under § 300-7 of these regulations, provided that:
(1)
The application may incorporate the documentation and record of the
prior application.
(2)
The application shall describe the extent of work completed at the
time of filing and the schedule for completing the activities authorized
in the permit.
(3)
The application shall state the reason why the authorized activity
was not initiated or completed within the time specified in the permit.
(4)
The application shall describe any changes in facts or circumstances
involved with or affecting wetlands or watercourses or use of the
land for which the permit was issued.
(5)
The Agency may, prior to the expiration of a permit, accept an untimely
application to renew such permit if the authorized activity is ongoing
and allow the continuation of work beyond the expiration date if,
in its judgment, the permit is likely to be renewed and the public
interest or environment will be best served by not interrupting the
activity.
J.
Any application to renew a permit shall be granted upon request of
the permit holder unless the Agency finds that there has been a substantial
change in circumstances which requires a new permit application or
an enforcement action has been undertaken with regard to the regulated
activity for which the permit was issued, provided that no permit
shall be valid for more than 10 years and further provided that any
permit issued prior to July 1, 2011, that was in effect and did not
expire prior to May 9, 2011, shall be valid for no more than 14 years.
K.
For any permit application involving property subject to a conservation
restriction or preservation restriction, the following shall apply:
(1)
The applicant shall state on the application whether the application
involves property subject to a conservation restriction or preservation
restriction, as defined below, and if it does shall state the name
and address of the person(s) and/or entity(ies) holding such restriction.
(2)
For purposes of this section, "conservation restriction" means a
limitation, whether or not stated in the form of a restriction, easement,
covenant or condition, in any deed, will or other instrument executed
by or on behalf of the owner of the land described therein, including,
but not limited to, the state or any political subdivision of the
state, or in any order of taking such land whose purpose is to retain
land or water area predominantly in its natural, scenic or open condition
or in agricultural, farming, forest or open space use.
(3)
For purposes of this section, "preservation restriction" means a
limitation, whether or not stated in the form of a restriction, easement,
covenant or condition, in any deed, will or other instrument executed
by or on behalf of the owner of land, including, but not limited to,
the state or any political subdivision of the state, or in any order
of taking of such land whose purpose is to preserve historically significant
structures or sites.
(4)
No person shall file a permit application, other than for interior
work in an existing building or for exterior work that does not expand
or alter the footprint of an existing building, relating to property
that is subject to a conservation restriction or a preservation restriction
unless the applicant provides proof that the applicant has provided
written notice of such application, by certified mail, return receipt
requested, to the party holding such restriction not later than 60
days prior to the filing of the permit application.
A.
All petitions, applications, requests or appeals shall be submitted
to the Inland Wetlands and Watercourse Agency of the Town of Lyme.
B.
Notice to adjoining municipality.
(1)
The
Agency shall, in accordance with Connecticut General Statutes § 8-7d(f),
notify the clerk of any adjoining municipality of the pendency of
any application, petition, appeal, request, or plan concerning any
project on any site in which:
(a)
Any portion of the property affected by a decision of the Agency
is located within 500 feet of the boundary of an adjoining municipality;
(b)
A significant portion of the traffic to the completed project
on the site will use streets within the adjoining municipality to
enter or exit the site;
(c)
A significant portion of the sewer or water drainage from the
project site will flow through and significantly impact the sewage
or drainage system within the adjoining municipality; or
(d)
Water runoff from the improved site will impact streets or other
municipal or private property within the adjoining municipality.
(2)
Such
notice shall be made by certified mail, return receipt requested,
and shall be mailed within seven days of the date of receipt of the
application, petition, appeal, request, or plan.
C.
When an application is filed to conduct or cause to be conducted
a regulated activity upon an inland wetland or watercourse, any portion
of which is within the watershed of a water company as defined in
§ 25-32a of the Connecticut General Statutes, the applicant
shall provide written notice of the application to the water company
and the Commissioner of Public Health in a format prescribed by said
Commissioner, provided such water company or said Commissioner has
filed a map showing the boundaries of the watershed on the land records
of the municipality in which the application is made and with the
inland wetlands agency of such municipality. Such notice shall be
made by certified mail, return receipt requested, and shall be mailed
not later than seven days after the date of the application; documentation
of such notice shall be provided to the Agency. The water company
and the Commissioner of Public Health, through a representative, may
appear and be heard at any hearing on the application.
D.
The date of receipt of a petition, application, request, or appeal
shall be the day of the next regularly scheduled meeting of the Agency
immediately following the day of submission to the Agency or the agent
of such petition, application, request or appeal or 35 days after
such submission, whichever is sooner.
E.
At any time during the review period, the applicant shall provide such additional information as the Agency may reasonably require. Requests for such additional information shall not stay the time limitations as set forth in § 300-11B of these regulations.
F.
All applications shall be open for public inspection.
G.
Incomplete applications may be denied.
A.
The Agency shall not hold a public hearing on an application unless
the Agency determines that the proposed activity may have a significant
impact on wetlands or watercourses, notification by interveners or
a petition requesting a hearing, signed by at least 25 persons who
are 18 years of age or older and who reside in the municipality in
which the regulated activity is proposed, is filed with the Agency
not later than 14 days after the date of receipt of such application,
or the Agency finds that a public hearing regarding such application
would be in the public interest. The Agency may issue a permit without
a public hearing provided no petition provided for in this section
is filed with the Agency on or before the 14th day after the date
of receipt of the application. Such hearing shall be held no later
than 65 days after the receipt of such application. All applications
and maps and documents relating thereto shall be open for public inspection.
At such hearing any person or persons may appear and be heard.
B.
Notice of the public hearing shall be published at least twice at
intervals of not less than two days, the first not more than 15 days
and not fewer than 10 days and the last not less than two days before
the date set for the hearing, in a newspaper having a general circulation
in the town where the affected wetland and watercourse is located.
A.
Considerations.
(1)
The
Agency may consider the following in making its decision on an application:
(a)
The application and its supporting documentation, information
derived from site walks and inspections of the subject property, and
information within the knowledge of Agency members so long as it is
revealed to the applicant during the application process.
(c)
For an application for which a public hearing is held, public
comments, evidence and testimony, information derived from site walks
and inspections of the subject property, and information within the
knowledge of Agency members so long as it is disclosed to the applicant
during the public hearing.
(2)
The
Agency may also consider comments on any application from the New
London County Soil and Water Conservation District, the Lower Connecticut
River Valley Council of Governments or other regional organizations
(i.e., Council of Elected Officials), agencies in adjacent municipalities
which may be affected by the proposed activity, or other technical
agencies or organizations which may undertake additional studies or
investigations.
B.
Criteria for decision. In carrying out the purposes and policies
of §§ 22a-36 to 22a-45, inclusive, of the Connecticut
General Statutes, including matters relating to regulating, licensing
and enforcing of the provisions thereof, the Agency shall take into
consideration all relevant facts and circumstances, including but
not limited to:
(1)
The environmental impact of the proposed regulated activity on wetlands
or watercourses;
(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, measures to prevent
or minimize pollution or other environmental damage, maintain or enhance
existing environmental quality, or, in the following order of priority:
restore, enhance and create productive wetland or watercourse resources;
(5)
The character and degree of injury to, or interference with, safety,
health or the reasonable use of property which is caused or threatened
by the proposed regulated activity; and
(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.
C.
In the case of an application which received a public hearing pursuant to a finding by the 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 does not exist. In making this finding, the Agency shall consider the facts and circumstances set forth in Subsection B of this section. The finding and the reasons therefor shall be stated on the record in writing.
D.
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 propose on the record in writing the types of alternatives
which the applicant may investigate, provided that 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.
E.
In the case of an application where the applicant has provided written notice pursuant to § 300-7K(4) of these regulations, the holder of the restriction may provide proof to the Agency that granting of the permit application will violate the terms of the restriction. Upon a finding that the requested land use violates the terms of such restriction, the Agency shall not grant the permit approval.
F.
In the case of an application where the applicant fails to comply with the provisions of § 300-7K(4) or (5) of these regulations, the party holding the conservation or preservation restriction, other than a state agency that holds such restriction, may, no later than 15 days after receipt of actual notice of permit approval, file an appeal with the Agency, subject to the rules and regulations of such Agency relating to appeals. The Agency shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction. A state agency that holds such restriction may, not later than 30 days after receipt of actual notice of permit approval, file an appeal with the Agency, subject to the rules and regulations of such Agency relating to appeals. The Agency shall immediately reverse such permit approval if the commissioner of the state agency that holds such restriction certifies that the land use authorized in such permit violates the terms of such conservation or preservation restriction.
G.
Nothing in § 300-7K(4) or (5) of these regulations shall be construed to prohibit the filing of a permit application or to require such written notice when the activity that is the subject of such permit application will occur on a portion of property that is not restricted under the terms of such conservation or preservation restriction.
H.
For purposes of this section, "wetlands and watercourses" includes
aquatic, plant, or animal life and habitats in wetlands or watercourses,
and "habitats" means areas or environments in which an organism or
biological population normally lives or occurs.
I.
The Agency shall not deny or condition an application for a regulated
activity in an area outside wetlands or watercourses on the basis
of an impact or effect on aquatic, plant, or animal life unless such
activity will likely impact or affect the physical characteristics
of such wetlands or watercourses.
J.
In reaching its decision on any application after a public hearing,
the Agency shall base its decision on the record of that hearing.
A.
The Agency, or its duly authorized agent, acting pursuant to § 300-12 of these regulations, may, in accordance with § 300-10 of these regulations, grant the application as filed, or grant it upon other terms, conditions, limitations or modifications of the regulated activity designed to carry out the purposes and policies of the Act, or deny the application. Such terms may include any reasonable measures which would mitigate the impacts of the regulated activity and which would prevent or minimize pollution or other environmental damage, maintain or enhance existing environmental quality, or, in the following order of priority: restore, enhance and create productive wetland or watercourse resources. Such terms may include restrictions as to the time of year in which a regulated activity may be conducted, provided the Agency, or its agent, determines that such restrictions are necessary to carry out the policy of §§ 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes.
B.
No later than 65 days after receipt of an application, the Agency
may hold a public hearing on such application. The hearing shall be
completed within 35 days of its commencement. Action shall be taken
on applications within 35 days after completion of a public hearing.
In the absence of a public hearing, action shall be taken on applications
within 65 days from the date of receipt of the application. The applicant
may consent to one or more extensions of the periods specified in
this subsection for the holding of the hearing and for action on such
application, provided the total extension of any such period shall
not be for longer than a total of 65 days, or may withdraw such application.
The failure of the Agency to act within any time period specified
in this subsection, or any extension thereof, shall not be deemed
to constitute approval of the application. An application deemed incomplete
by the Agency shall be withdrawn by the applicant or denied by the
Agency.
C.
The Agency shall state upon its record the reasons and bases for
its decision.
D.
The Agency shall notify the applicant and any person entitled to
such notice of its decision within 15 days of the date of the decision
by certified mail, return receipt requested, and the Agency shall
cause notice of its order in the issuance or denial of the permit
to be published in a newspaper having general circulation in the Town
wherein the inland wetland or watercourse lies. In any case in which
such notice is not published within such fifteen-day period, the applicant
may provide for the publication of such notice within 10 days thereafter.
E.
If an activity authorized by an inland wetland permit also involves
an activity which requires a zoning or subdivision approval, special
zoning permit, or variance or special exception, under § 8-3(g),
8-3c, or 8-26 of the Connecticut General Statutes, the Agency shall
file a copy of the decision and report on the application with the
Town of Lyme Planning and Zoning Commission within 15 days of the
date of the decision thereon.
F.
Any permit issued by the Agency for the development of land for which
an approval is required under Chapter 124, 124B, 126 or 126A of the
Connecticut General Statutes shall be valid until the approval granted
under such chapter expires or for 10 years, whichever is earlier.
Any permit issued by the Agency for any activity for which an approval
is not required under Chapter 124, 124B, 126 or 126A shall be valid
for not less than two years and not more than five years.
G.
No permit issued by the Agency shall be assigned or transferred without
the written permission of the Agency.
H.
If a bond or insurance is required in accordance with § 300-13 of these regulations, the Agency may withhold issuing the permit until such bond or insurance is provided.
I.
General provisions in the issuance of all permits.
(1)
The Agency has 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, the permit may be modified,
suspended or revoked.
(2)
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 Town of
Lyme 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 subject land or activity.
(3)
If the activity authorized by the Agency's permit also involves
an activity which requires zoning or subdivision approval, special
permit, variance or special exception under § 8-3(g), 8-3c,
or 8-26 of the Connecticut General Statutes, no work pursuant to the
wetland permit may begin until such approval is obtained.
(4)
In constructing the authorized activities, the permittee shall implement
such management practices consistent with the terms and conditions
of the permit as needed to control stormwater discharges and to prevent
erosion and sedimentation and to otherwise prevent pollution of wetlands
and watercourses.
A.
The Agency may delegate to its duly authorized agent the authority to approve or extend a permit for 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 a minimal impact on any wetlands or watercourses, provided such agent has completed the comprehensive training program developed by the Commissioner of Energy and Environmental Protection pursuant to § 22a-39 of the Connecticut General Statutes. Requests for such approval shall be made on an application form provided by the Agency and shall contain the information listed under § 300-7E of these regulations and any other information the Agency may reasonably require.
C.
Any person receiving such approval from such agent shall, within 10 days of the date of such approval, publish at the permittee'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 15 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. Any person may appear and be heard at the meeting held by the Agency to consider the subject 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 § 300-7 of these regulations.
A.
The Agency and/or its agent may require as a permit condition the
filing of a bond with such surety in such amount and in a form approved
by the Agency.
B.
The bond or surety shall be conditioned on compliance with all provisions
of these regulations and the terms, conditions and limitations established
in the permit.
C.
The applicant may also be required to certify public liability insurance
against liability which might result from proposed operation or use
covering any and all damage which might occur within two years of
completion of such operations, in an amount to be determined by the
Agency and/or its agent commensurate with the projected operation.
A.
The Agency may appoint an agent or agents to act in its behalf with the authority to inspect property and issue notices of violation or cease-and-desist orders and carry out other actions or investigations necessary for the enforcement of these regulations. In carrying out the purposes of this section, the Agency or its duly authorized agent shall take into consideration the criteria for decision under § 300-10B of these regulations.
B.
The Agency or its agent may make regular inspections, at reasonable
hours, during the life of a permit, of all regulated activities for
which permits have been issued under these regulations.
C.
If the Agency or its authorized agent finds that any person is conducting
or maintaining any activity, facility or condition which is in violation
of the Act or these regulations, the Agency or its duly authorized
agent may:
(1)
Issue a written order by certified mail, return receipt requested,
to such person conducting such activity or maintaining such facility
or condition to immediately cease such activity or to correct such
facility or condition. Immediate action as directed by the Agency
or its agent to safeguard the area shall be accomplished. Within 10
calendar days of the issuance of such order the Agency shall hold
a hearing to provide the person an opportunity to be heard and show
cause why the order should not remain in effect. The Agency shall
consider the facts presented at the hearing and within 10 days of
the completion of the hearing notify the person by certified mail
that the original order remains in effect, that a revised order is
in effect, or that the order has been withdrawn. The Agency shall
publish notice of its decision in a newspaper having general circulation
in the municipality. The original order shall be effective upon issuance
and shall remain in effect until the Agency affirms, revises or withdraws
the order. The issuance of an order pursuant to this subsection shall
not delay or bar an action pursuant to § 22a-44 of the Connecticut
General Statutes, as amended.
(2)
Issue a notice of violation to such person conducting such activity or maintaining such facility or condition, stating the nature of the violation and the jurisdiction of the Agency and prescribing the necessary action and steps to correct the violation, including, without limitation, halting work in wetlands or watercourses. The Agency may request that the individual appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity and/or provide a written reply to the notice or file an application for the necessary permit. Failure to carry out the action(s) directed in a notice of violation may result in issuance of the order provided in Subsection C(1) or other enforcement proceedings as provided by law.
D.
The Agency may suspend or revoke a permit if it finds that the permittee
has not complied with the terms, conditions or limitations set forth
in the permit or has exceeded the scope of the work as set forth in
the application, including application plans. Prior to revoking or
suspending any permit, the Agency shall issue notice to the permittee,
personally or by certified mail, return receipt requested, setting
forth the facts or conduct that warrants the intended action. The
Agency shall hold a hearing to provide the permittee an opportunity
to show that it is in compliance with its permit and any and all requirements
for retention of the permit. The permittee shall be notified of the
Agency's decision to suspend, revoke, or maintain a permit by
certified mail within 15 days of the date of its decision. The Agency
shall publish notice of the suspension or revocation in a newspaper
having general circulation in the municipality.
E.
Any application to extend the expiration date of a previously issued permit or amend an existing permit shall be filed with the Agency at least 65 days prior to the expiration date for the permit in accordance with §§ 300-7 through 300-13 of these regulations. Any application for amendment, renewal or extension shall be made in accordance with this section, provided that:
(1)
The application shall state the reason why the authorized activities
were not initiated or completed within the time specified in the permit.
(2)
The application shall describe any changes in facts or circumstances
involved with or affecting wetlands or watercourses of the property
for which the permit was issued.
(3)
The Agency may accept an untimely application to extend the expiration
date of a permit if the authorized activity is ongoing and allow the
continuation of work beyond the date if, in its judgment, the permit
is likely to be extended and the public interest or environment will
be best served by not interrupting the activity. The application shall
describe the extent of work completed at the time of filing and the
schedule for completing the activities authorized in the permit.
A.
These regulations and the Inland Wetlands and Watercourses Map for
the Town of Lyme may be amended, from time to time, by the Agency
in accordance with changes in the Connecticut General Statutes or
regulations of the Connecticut Department of Energy and Environmental
Protection, or as new information regarding soils, hydrology or obligate
botanical species peculiar to inland wetlands and watercourses, including
vernal pools, becomes available.
B.
An application filed with the Agency which is in conformance with
the applicable inland wetlands regulations as of the date of the receipt
of such application shall not be required thereafter to comply with
any change in inland wetland regulations, including changes to setbacks
and buffers, taking effect on or after the date of such receipt, and
any appeal from the decision of such Agency with respect to such application
shall not be dismissed by the Superior Court on the grounds that such
a change has taken effect on or after the date of such receipt. The
provisions of this subsection shall not be construed to apply to the
establishment, amendment or change of boundaries of inland wetlands
or watercourses or to any change in regulations necessary to make
such regulations consistent with the provisions of the Act as of the
date of such receipt.
C.
These regulations and the Town of Lyme Inland Wetlands and Watercourses
Map shall be amended in the manner specified in § 22a-42a
of the Connecticut General Statutes, as amended. The Agency shall
provide the Commissioner of Energy and Environmental Protection with
a copy of any proposed regulations and notice of the public hearing
to consider any proposed regulations or amendments thereto, except
map amendments, at least 35 days before the public hearing on their
adoption.
D.
Petitions requesting changes or amendments to the Inland Wetlands
and Watercourses Map, Lyme, Connecticut, shall contain at least the
following information:
(1)
The petitioner's name, mailing address, e-mail address and telephone
number;
(2)
The address, or location, of the land affected by the petition;
(3)
The petitioner's interest in the land affected by the petition;
(4)
Map(s) showing the geographic location of the land affected by the
petition and the existing and the proposed wetland(s) and watercourse(s)
boundaries, including vernal pools, on such land in accurate detail
together with the documentation supporting such proposed boundary
locations; and
(5)
The reasons for the requested action.
E.
Any person who submits a petition to amend the Inland Wetlands and Watercourses Map, Lyme, Connecticut, shall bear the burden of proof for all requested map amendments. Such proof may include, but is not limited to, professional interpretation of aerial photography and remote sensing imagery, resource mapping, soils mapping, or other information acceptable to the Agency. If such person is the owner, developer or contract purchaser of the land that is the subject of the petition, or if such person is representing the interests of such an owner, developer or purchaser, in addition to the information required in Subsection D, the petition shall include:
(1)
The name, mailing address, e-mail address and telephone number of
the owner(s) of such land and the owner's agent or other representative;
(2)
The names and mailing addresses of the owners of abutting land;
(3)
Documentation by a soil scientist of the distribution of wetland
soils on said land. Such documentation shall at a minimum include
the report of the soil scientist documenting the location of wetland
soils on the land and a map of said land indicating the flag locations
set by the soil scientist and defining the boundaries of wetland soil
types; and
(4)
Map(s) showing any proposed development of the land in relation to
existing and proposed wetland and watercourse boundaries.
F.
The inland wetlands soils and watercourses shall be delineated by
a soil scientist, geologist, ecologist or other qualified individual.
G.
A public hearing shall be held on petitions to amend the Inland Wetlands
and Watercourses Map. Notice of the hearing shall be published in
a newspaper having general circulation in the municipality at least
twice at intervals of not less than two days, the first not more than
15 days nor less than 10 days and the last not less than two days
before such hearing. A copy of such proposed boundary change shall
be filed in the office of the Town Clerk for public inspection at
least 10 days before such hearing.
H.
The Agency shall hold a public hearing on a petition to amend the
regulations and the Inland Wetlands and Watercourses Map within 65
days after receipt of such petition. The hearing shall be completed
within 35 days after commencement. The Agency shall act upon the changes
requested in such petition within 35 days after completion of the
hearing. At such hearing, any person or persons may appear and be
heard and may be represented by agent or attorney. The petitioner
may consent to one or more extensions of any period specified in this
subsection, provided the total extension of all such periods shall
not be for longer than 65 days, or may withdraw such petition. Failure
of the Agency to act within any time period specified in this subsection
or any extension thereof shall not be deemed to constitute approval
of the petition.
I.
The Agency, in accordance with Connecticut General Statutes § 22a-42a(b),
shall make its decision and state, in writing, the reasons why the
change in the Inland Wetlands and Watercourses Map was made.
J.
These regulations shall become effective at such time as is fixed
by the Agency, provided a copy of such regulation, boundary or change
shall be filed in the office of the Town Clerk of Lyme, Connecticut,
and publication of legal notice of promulgation is made in a newspaper
having general circulation in the Town of Lyme.
K.
All regulations, including regulated area boundary maps, promulgated
or amended by the Agency, pursuant to the Act, shall be submitted
by the Agency to the Commissioner of the Department of Energy and
Environmental Protection not later than 10 days after their adoption,
provided that failure to submit such regulation, boundary or change
to the Commissioner of the Department of Energy and Environmental
Protection shall not impair the validity of such regulation, boundary
or change.
L.
Notice of nonconformance.
(1)
In the event that the Commissioner shall find any part of the Agency's
regulation not in conformity, the Commissioner shall issue a notice
of nonconformance that shall include:
(a)
The reasons for holding any part to be nonconforming.
(b)
The section or sections whose operation and effect shall be
suspended until they shall be amended and resubmitted.
(c)
The extent to which the Commissioner shall exercise jurisdiction
over the municipal wetlands and watercourses, for their protection,
in the interval between the issuance of a notice of nonconformance
and the resubmission of amended regulations, including boundary maps.
(2)
The Agency shall, pursuant to the provisions for adopting and amending
regulations contained in the Act, initiate proceedings to amend such
nonconforming regulations within 20 days of the receipt of a notice
of nonconformance.
(3)
Upon disapproval of any regulations, the Commissioner shall assume
jurisdiction over those portions of the regulations as may be necessary
to assure continuity of the wetland and watercourse regulation in
the Town. This jurisdiction shall cease upon approval of the regulations
by the Commissioner.
(4)
Failure of the Commissioner to issue a notice of nonconformance within
60 days of the receipt of such regulations, maps, or amendments shall
be taken as approval of such regulations.
(5)
If municipal regulations were not submitted to and granted approval
by the Commissioner in a preliminary form prior to adoption, they
shall not become effective until granted final written approval by
the Commissioner.
M.
All enforcement activities undertaken by the Town and all appeals
which pertain to the wetlands and watercourses of the state shall
be reported, on a form supplied by the Commissioner, within 15 days
of the commencement of such action. The Agency may file a certificate
of an enforcement order on the land records of the Town.
A.
If there is a conflict among the provisions of these regulations,
the provision which imposes the most stringent standards for the use
of wetlands and watercourses shall govern. The invalidity of any word,
clause, sentence, section, part, subsection, subdivision or provision
of these regulations shall not affect the validity of any other part
which can be given effect without such invalid part or parts.
B.
If there is a conflict between the provisions of these regulations
and the provisions of the Act, the provisions of the Act shall govern.
A.
Nothing in these regulations shall obviate the requirements for the
applicant to obtain any other assents, permits or licenses required
by law or regulation by the Town of Lyme, the State of Connecticut
or the government of the United States, including any approval(s)
required by the Connecticut Department of Energy and Environmental
Protection and the United States Army Corps of Engineers. Obtaining
such assents, permits or licenses is the sole responsibility of the
applicant.
B.
No person shall conduct any regulated activity within an inland wetland or watercourse, including vernal pool, nor within 100 feet (lateral distance) of the mapped boundary of a wetland or watercourse, in accordance with § 300-6 hereinabove, if such regulated activity requires zoning or subdivision approval, without first having obtained a valid certificate of zoning or subdivision approval, special exception, site plan approval, certificate of zoning compliance, variance, and/or other documentation required by the Lyme Zoning and/or Subdivision Regulations establishing that the proposal complies with said Zoning and/or Subdivision Regulations.[1]
In reviewing subdivision applications which are before the Lyme Planning and Zoning Commission and in making recommendations as to the same, the Agency may require many or all of the information items addressed in § 300-7E and F of these regulations hereto and consider the provisions made in the application for open space, unique resources, or other access areas and such other environmental considerations as the Agency may deem relevant to mitigate the wetlands impact created by such proposal.
These regulations are effective upon filing in the office of
the Town Clerk and publication of a notice of such filing in a newspaper
having general circulation in the Town of Lyme.
