The Agency, or its duly authorized Agent acting pursuant to Article
XII of these regulations, may, in accordance with Article
X 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 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.
General provisions in the issuance of all permits:
A. 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.
B. 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 Canton, 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 pertinent to the subject land or activity.
C. 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.
D. 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.
E. Permits are not transferable without the prior written
consent of the Agency.
Any permit issued by the Agency prior to July 1, 2006 or after July 1, 2009 for the development of property for which an approval is required by the Planning or the Zoning Commissions under § 8-3, 8-25 or 8-26 of the Connecticut General Statutes shall be valid for five years provided the Agency may establish a specific time period within which any regulated activity shall be conducted. Any permit issued by the Agency for any other activity shall be valid for not less than two years and not more than five years. The permit may be renewed in conformance with §
460-710 of these Regulations. Any permit issued by the Agency during the time period from July 1, 2006 to July 1, 2009, inclusive, shall expire not less than six years after the date of such approval.
No later than 65 days after receipt of an application, the Agency
may hold a public hearing on such application. At such hearing, any
person or persons may appear and be heard and may be represented by
agent or attorney. 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 section,
provided the total extension of all such periods shall not be for
longer than 65 days or may withdraw such application. The failure
of the Agency to act within any time period specified in this section,
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.
The Agency shall state upon its record the reasons and bases
for its decision.
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.
If an activity authorized by an inland wetland permit also involves
an activity which requires a zoning or subdivision approval, 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 Planning Commission,
Zoning Commission, or Zoning Board of Appeals as may be applicable
within 15 days of the date of the decision thereon.
If a bond or insurance is required in accordance with Article
XIII of these regulations, the Agency may withhold issuing the permit until such bond or insurance is provided.
No permit issued by the Agency shall be assigned or transferred
without the written permission of the Agency.
Prior to the commencement of the activity for which a permit
has been granted, the permittee shall post a notice of the permit
in a prominent location on the property visible from the street. The
permit shall remain posted in its location for the duration of the
activity. The posted permit shall be brightly colored and shall either
be laminated or placed in a weather-proof, transparent, plastic bag.
Subject to the discretion of the Agency, the applicant may be
required to submit dated photographic evidence of the completed project.