[Adopted 7-16-1973; amended in its entirety 1-26-2004[1]]
[1]
Editor's Note: This amendment provided for
changing the name of the commission acting under the authority of
C.G.S. § 22a-37 et seq. from "Conservation Commission"
to "Inland Wetlands Commission."
This article is adopted pursuant to the provisions
of the Inland Wetlands and Watercourses Act (1972, Public Act 155),
as amended.[1]
[1]
Editor's Note: See C.G.S. § 22a-36
et seq.
This article is enacted for the benefit of the
citizens of Old Lyme and the citizens of the State of Connecticut
and this article's purposes for the inland wetlands and watercourses
of Old Lyme are the same purposes as are more fully set forth for
the State of Connecticut in Public Act 155, 1972 Session of the General
Assembly of the State of Connecticut, Section 1.
A.
The Inland Wetlands Commission shall be the regulating
agency and as such is authorized to promulgate such regulations, in
conformity with regulations or guidelines promulgated by the Commissioner
of Environmental Protection, as are necessary to protect the wetlands
and watercourses, as defined by said Public Act 155, within the territorial
limits of Old Lyme. Prior to the adoption or amendment of such regulations,
or establishment of any boundaries of wetlands areas, the Inland Wetlands
Commission shall file, in the office of the Town Clerk, a copy of
its proposed regulations, together with any maps representing areas
affected thereby, and shall thereafter hold at least one public hearing
thereon, notice of the time and place of which shall be published
in a newspaper having general circulation in Old Lyme 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 prior
to the date of such hearing. The copy of such proposed regulations
shall be filed in the office of the Town Clerk for public inspection
at least 10 days before such public hearing.
B.
Upon adoption by the Inland Wetlands Commission, such
regulations shall be forwarded to the Commissioner of Environmental
Protection for approval. Regulations thus approved shall be filed
in the office of the Town Clerk and shall become effective upon such
filing, or upon later effective date specified in such regulation
or amendment, and notice thereof shall be published in a newspaper
having general circulation in Old Lyme.
C.
Amendments to regulations shall be promulgated in
the manner provided by this section.
In exercising the authority granted herein,
the Inland Wetlands Commission shall:
A.
Develop comprehensive programs in furtherance of the
purposes of this article;
B.
Advise, consult and cooperate with agencies of the
Town, region, state, the federal government, other states and with
persons and municipalities in furtherance of the purposes of this
article; to this end, all applications for building permits, subdivision
plans or other permits which involve or may involve a regulated activity,
as defined by said Public Act 155, made to any other Town board or
commission shall be subject to review by the Inland Wetlands Commission
at its request;
C.
Encourage, participate in or conduct studies, investigations,
research and demonstrations and collect and disseminate information
relating to the purposes of this article;
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 Soil Conservation Service for the purpose of making
on-site interpretations, evaluations and findings as to soil types,
and/or utilize the services of such other Town officials and employees
as it may deem appropriate;
E.
Promulgate such regulations as are necessary to protect
the inland wetlands and watercourses or any of them individually or
collectively and submit such regulations to a public hearing for approval;
[Amended 5-20-1974]
F.
Inventory or index the inland wetlands and watercourses
in such form, including pictorial representations, and list plant
species as the Inland Wetlands Commission deems best suited to effectuate
the purposes of this article; and
G.
Exercise all incidental powers necessary to enforce
the regulations and to carry out the purposes of this article.
[Amended 1-7-1974; 3-23-1987]
Said Inland Wetlands Commission shall be comprised
of seven regular voting members and two nonvoting alternate members
who may be designated as voting members in the absence or disqualification
of a regular member. All members shall be appointed by the Board of
Selectmen and shall serve three-year terms and until their successors
are appointed and have qualified.
Any person aggrieved by a final decision of
the Town, acting through the Inland Wetlands Commission, shall have
the right to appeal provided by Public Act 155 of 1972 as amended
to date hereof.
Any person violating this article or regulations
promulgated thereunder shall be subject to the remedies and penalties
provided by Public Act 155 of 1972 as the same exists now or, in the
case of future amendments to said Act, to the remedies and penalties
provided thereunder as of the date of such violation.
