[HISTORY: Adopted by the Conservation Commission (now Inland Wetlands
Commission) of the Town of Old Lyme 5-24-1974, as amended through 2-4-1988.
Subsequent amendments noted where applicable.]
[Amended 1-26-2004]
The following are Wetlands and Watercourses Regulations adopted by the Conservation Commission pursuant to Chapter 20, Article VII, Conservation Commission, of the Code of the Town of Old Lyme for the purposes therein enunciated and in accordance with 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 to 22a-45.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person, or his agents or representatives, seeking a license to
conduct, or cause to be conducted, regulated activities.
The Inland Wetlands Commission.
[Amended 1-26-2004]
Includes, but shall not be limited to, fill, grade, dump, place,
discharge or emit.
The emission of any water, substance or material into waters of the
Town, whether or not causing pollution.
The whole or any part of any permit, certificate or approval required
of any person by the provisions of these regulations.
Any applicant, or his agents or representatives, who is granted a
license.
Any substance, solid or liquid, organic or inorganic, including but
not limited to soil, sediment, aggregate, land, gravel, clay, bog, mud, debris,
sand, refuse or waste.
Any person, firm, partnership, association, corporation, limited
liability company, company, organization or legal entity of any kind, including
municipal corporations, governmental agencies or subdivisions thereof.
[Amended 1-27-2003]
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.
[Amended 1-27-2003]
Any activity, except the activities specified in § 197-3 hereof, taking place in, or within 100 feet of, a wetland or watercourse involving, but not limited to, the following:
Installation of a subsurface sewage system, sewage discharge or overflow,
or privy vault;
Removal or the deposit of any material or materials;
Placement or construction of any structure or building;
Obstruction, alteration or pollution of such wetlands or watercourses;
or
Any other activity or change deemed by the Commission to be detrimental
to wetlands or watercourses.
Wetlands or watercourses within the boundaries described in § 197-5 hereof.
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 of the waters in the Town, including but not limited to change in odor,
color, turbidity or taste.
A building designed for permanent occupancy as a dwelling and so
occupied by one or more families.
Any activity involving a deposition of material which will have a substantial
adverse effect on the regulated area or on another part of the wetland or
watercourse system;
Any activity involving a removal of material which will have a substantial
adverse effect on the regulated area or on another part of the wetland or
watercourse system;
Any activity which changes or will change substantially the natural
channel or may inhibit the natural dynamics of a watercourse system;
Any activity which diminishes or will diminish substantially the capacity
of a wetland or watercourse to support desirable biological life, prevent
flooding, supply water, assimilate waste, and facilitate drainage; or
Any activity which will result in degrading a watercourse or the surface
and/or ground water of a wetland, such degradation to be measured by standards
of the Water Compliance Division of the Connecticut Department of Environmental
Protection, where applicable.
An individual duly qualified in accordance with standards set by
the Federal Office of Personnel Management.
[1]The Town of Old Lyme.
Sewage or any substance, liquid, gaseous, solid or radioactive, which
may pollute or tend to pollute any of the waters 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 C.G.S. §§ 22a-28
to 22a-35, inclusive, as amended. 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.
[2]
MARSHA watercourse normally covered with shallow water, subject to seasonal variations, which ordinarily supports a vegetation comprised of herbaceous, soft-stemmed plants, examples of which are described under "Plants of the Marshes" in a Connecticut Department of Environmental Protection publication titled "Inland Wetland Plants of Connecticut" prepared by the Connecticut Arboretum and dated May 1973.
Land, including submerged land, not regulated pursuant to C.G.S.
§§ 22a-28 to 22a-35 inclusive, as amended, which consists of
any of the soil types designated as poorly drained, very poorly drained, alluvial,
and floodplain by the National Cooperative Soil Survey, as it may be amended
from time to time, of the Natural Resources Conservation Service of the United
States Department of Agriculture.
[3]A.
The following operations and uses shall be permitted
in wetlands and watercourses, as of right:
(1)
Grazing, farming, nurseries, gardening, harvesting of
crops, and farm ponds of three acres or less essential to the farming operation.
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 and the mining of topsoil, peat, sand, gravel or
similar material from wetlands or watercourses for the purpose of sale.
(2)
A residential home for which a building permit has been
issued or on a subdivision lot, provided that the building permit has been
issued or the subdivision has been approved by the Town Planning Commission
as of May 24, 1974, and further provided that no residential home shall be
permitted as of right pursuant to this subsection unless such permit was issued
on or before July 1, 1987.
(3)
Boat anchorage or mooring.
(4)
Uses incidental to the enjoyment and maintenance of residential
property, such property being defined as equal to or smaller than the largest
minimum lot size permitted anywhere in Town. Such incidental uses shall include
maintenance of existing structures and landscaping but shall not include removal
or depositing 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 in C.G.S. § 16-1, or by municipal water supply systems as provided for in Chapter 102 thereof, 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 C.G.S. §§ 22a-401 and 22a-403.
B.
The following operations and uses shall be permitted
as nonregulated uses in wetlands and watercourses, provided that they do not
disturb the natural and indigenous character of the wetland or watercourse
by removal or deposition of material, by alteration or obstruction of water
flow or by pollution:
(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, waterskiing, trapping, hunting, fishing and
shellfishing where otherwise legally permitted and regulated.
Subject to the provisions of § 197-15 hereof, regulated activities are prohibited except as they may be licensed by the Commission as hereinafter provided.
The boundaries of the wetlands and watercourses of the Town are shown on a map titled "Old Lyme Conservation Commission Inland Wetlands and Watercourses Inventory" adopted April 9, 1974, which map is on file in the office of the Town Clerk. Said boundaries may be changed, and the changes shown by amendments to said map, as provided in § 197-19 hereof.
A.
Any person proposing to conduct or cause to be conducted any regulated activity or permitted use described in § 197-3 hereof shall submit an application to the Commission.
(1)
If the applicant contends that all or a portion of the
proposed activity is not regulated he shall so state in his application.
(2)
Applications shall be submitted to the Clerk of the Commission
and shall be deemed received at the next regularly scheduled meeting after
submission, provided such meeting is more than three days after submission,
or 35 days after such submission, whichever is sooner.
(3)
When an application involves, or may involve, regulated
activity upon a wetland or watercourse any portion of which is within 500
feet of the boundary of another municipality, the applicant shall, on the
same day that such application is submitted to the Commission, mail written
notice of such application by certified mail, return receipt requested, to
the inland wetlands agency of such other municipality.
B.
The application shall include the following information:
(1)
The name and home and business addresses and telephone
numbers of the applicant and, if the applicant is not the owner of the land
to be affected, the applicant's interest in the land, i.e., lessee, licensee,
etc.
(2)
If the applicant is not the owner, the owner's name,
home and business addresses and telephone numbers and his written consent,
duly acknowledged, to the proposed activity set forth in the application.
(3)
A description of the activity for which the permit is
sought and its purpose.
(4)
A description of the land to be affected by the proposed activity in sufficient detail to allow identification of such land on the map referred to in § 197-5 hereof.
(5)
Names of abutting property owners, and owners of land
within 100 feet of the inland wetland or watercourse involved in the application.
(6)
A statement identifying other Town agencies to which
an application must be, or has been, submitted in connection with the activity
sought to be approved by the Commission.
C.
Applications shall be submitted on such forms as the
Commission may require and in sufficient copies, but not fewer than two copies,
to enable the Commission to carry out its duties under these regulations.
The Commission shall retain the original application for its files and shall
provide one copy for each agency or officer of the Town from whom it seeks
advice or recommendation concerning the application, or to whom its decision
must be reported.
D.
All factual information supplied by the applicant in
connection with any application hereunder shall be presumed correct. Any applicant
supplying such information which he knows, or should have known, is incorrect
and which is material to the issuance of a license hereunder shall be deemed
in violation of these regulations, and such violation shall be sufficient
ground for denial, suspension or revocation of such license.
E.
There shall be a filing fee sufficient to cover the reasonable
cost of reviewing and acting on applications, including but not limited to
the costs of certified mailings, publications of notice and decisions and
monitoring compliance with permit conditions or Commission orders. Such fee
shall be established by the Commission and may be revised from time to time
to reflect changing costs or experience. Such fee shall be payable upon submission
of such application to the Commission. All information which the Commission
may require to be submitted in connection with applications hereunder shall
be provided at the expense of the applicant.
A.
The Commission shall reach a decision on each complete
application within 65 days from the date of receipt thereof; provided, however,
that if there shall be a public hearing on such application, a decision shall
be reached within 35 days after completion of said hearing. The applicant
shall be notified of the decision of the Commission by certified mail within
15 days of the date thereof, and the Commission shall cause notice of such
decision to be published in a newspaper having a general circulation in the
Town.
B.
In order to reach its decision, the Commission shall, as promptly as possible after receipt of a completed application, make a first, second or third stage finding and, for the purpose of making such finding, may require the applicant to furnish such additional information as it may deem necessary, including but not limited to that set forth in § 197-8 hereof. The Commission may also seek the advice and recommendation of other boards, agencies or officers and of experts in pertinent scientific disciplines, such as ecology, land use planning, sanitation, hydrology, soil science, etc., as it deems necessary.
(2)
Second stage finding. If the Commission finds that the
proposed activity is a regulated activity not involving a significant impact
or a major effect on the wetland or watercourse, it may grant a license, with
or without conditions.
(3)
Third stage finding. If the Commission finds that the proposed activity is a regulated activity which may involve a significant impact or a major effect on the wetland or watercourse, it shall schedule a public hearing on the application pursuant to § 197-9 hereof, or, if it finds that such proposed activity is a use described in § 197-3 hereof which is a regulated activity which will or is likely to involve such significant impact or major effect, it may schedule such public hearing.
A.
The Commission may require the applicant to furnish, in addition to the information required to accompany the application by § 197-6B hereof, such additional information as it deems necessary to reach a decision on such application, which information may include but is not limited to the following:
(1)
A site plan or map drawn to scale determined by the Commission,
prepared by a professional engineer or surveyor licensed by the State of Connecticut,
and depicting the location and effects of the proposed activity by showing
some or all of the following as necessary:
(a)
Property lines on the real property to be affected, the
owners of record of that property and of abutting properties, and structures
existing on the affected property.
(b)
Areas of proposed changes in use or activity.
(c)
Locations on or near the affected property of the boundary of wetlands or watercourses as shown on the map or maps referred to in § 197-5 hereof.
(d)
Locations of all boring and soil samples data, obtained
by a soil scientist, which the applicant wishes to present to refute the location
of said boundary.
(e)
Elevations by contour lines at one-foot vertical intervals.
(f)
All existing and proposed drainage structures such as
culverts and catch basins.
(g)
Locations of all existing and proposed waste treatment
facilities.
(h)
Areas where material is to be deposited or removed.
(i)
Location of all existing or proposed construction.
(j)
Significant vegetation, including all trees over six
inches in caliper.
(k)
Proposed grading by one-foot contours of any moved material.
(l)
An inset map showing the general location of the proposed
activity in the Town.
(2)
A soil sample report prepared and signed by a soil scientist indicating the soil type and location of wetlands keyed to the soil sample locations shown on any map prepared in accordance with Subsection A(1) hereof.
(3)
A biological evaluation of any marsh, swamp or bog on
the affected property indicating:
(4)
Analysis of any material to be deposited within the affected
property, including:
(a)
Volume in cubic yards.
(b)
Nature of materials (e.g., sand, gravel, loam, building
materials, etc.).
(c)
Precise chemical composition of any toxic materials and
whether they are to be enclosed in containers of any type or deposited openly
without containment.
(d)
Explanation of how the affected property is to be protected
from the erosion or leaching of deposited materials.
(5)
A description of proposed construction or the erection
of structures upon the affected property and the purposes of such construction.
(6)
The effect of the proposed activity upon a watercourse
within or partly within the affected property, including present and estimated
post-completion values of:
B.
The information required by the Commission pursuant to Subsection A hereof shall be furnished in sufficient copies to permit the Commission to carry out its duties under these regulations, but in no case fewer than two copies.
C.
Promptly upon receipt of all information required of
the applicant, the Commission shall forward one copy of the application and
one copy of each item of information submitted in support hereof to the Soil
and Water Conservation District for New London County for review.
A.
If a public hearing on an application is to be held,
the Commission shall commence the hearing no later than 65 days after the
receipt of such application, and the hearing shall be completed within 45
days of its commencement. Notice of such hearings 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 each
town where the affected wetland and watercourse, or any part thereof, is located.
All applications, maps and documents related to a hearing shall be available
for public inspection at the office of the Town Clerk from the date of notice
of the hearing until the hearing takes place.
B.
At the public hearing, the Commission shall make public
any written review which may have been received from the Soil and Water Conservation
District and shall hear evidence on the character and extent of the proposed
activity and its possible effects on the affected property and surrounding
areas.
A.
In reaching a decision on any application hereunder or
in carrying out the purposes and policies of the Wetlands and Watercourses
Act and its duties under these regulations, the Commission shall take into
consideration all relevant facts and circumstances, including but not limited
to:
(1)
Evidence offered at a public hearing.
(2)
Information submitted by the applicant.
(3)
Any reports of Town boards, agencies, officials or experts
solicited by the Commission.
(4)
The environmental impact of the proposed action, including:
(a)
Amount of material to be removed or deposited and the
projected effect on the water table and drainage pattern.
(b)
Danger of erosion.
(c)
Likelihood of siltation and any resulting adverse effects
on water quality and aquatic life.
(d)
The nature of any material to be removed or deposited
and its effect on flood control, water supply and quality and on aquatic organisms.
(e)
Projected changes in velocity, volume or course of water
flow or in the water table, and their effects.
(f)
Relationship to existing flood or channel encroachment
lines, floodplain and stream belt zoning.
(g)
Changes to the physical, chemical and biological properties
of the water or soil and their impact.
(h)
Importance of the area to the region with regard to water
supply, water purification, flood control, natural habitat, recreation, open
space and size.
(5)
The alternatives to the proposed action.
(6)
The relationship of the proposed action as a short-term
use of the environment to the maintenance and enhancement of long-term productivity.
(7)
Irreversible and irretrievable commitments of resources
which would be involved in the proposed activity.
(8)
The character and degree of injury to, or interference
with, safety, health or the reasonable use of property which is caused or
threatened.
(9)
The suitability or unsuitability of such activity to
the area for which it is proposed.
(a)
The availability of a preferable alternate location in
the area under application or, in the case of an activity of sufficient magnitude,
the availability of other reasonable locations.
(b)
The availability of further technical improvements in
the proposed activity or safeguards for its implementation which could reasonably
be required.
(c)
The extent to which the exercise of property rights and
the public benefit derived from such use may or may not outweigh or justify
the possible degradation of the inland wetland or watercourse, the interference
with the exercise of other property rights and the impairment or endangerment
of public health, safety or welfare.
(d)
The possibility of further avoiding reduction of the
wetland's or watercourse's natural capacity to support desirable biological
life, prevent flooding, supply water, control sedimentation and/or prevent
erosion, assimilate wastes, facilitate drainage, and provide recreation and
open space.
B.
In the case of an application which received a public hearing, a license shall not be issued unless the Commission finds that a feasible and prudent alternative does not exist. In making such finding the Commission shall consider the facts and circumstances set forth in Subsection A hereof.
C.
All findings and conclusions reached by the Commission with respect to the granting of a license or license with conditions or the denial of a license, including the findings enumerated in Subsections A and B hereof, where applicable, shall be fully set forth in writing and shall be maintained as public records in the manner provided by law. All applications, together with supporting information submitted by the applicant, and any written reports obtained pursuant to § 197-9 hereof shall also be retained as a part of such records.
A.
The Commission may grant, grant with conditions, modifications
or limitations, or deny any license for regulated activities. It may deny
without prejudice any license where, through no fault of the applicant, the
information required by the Commission cannot be made available to it within
the time limited by these regulations for action on an application.
B.
All licenses or licenses with conditions which shall
issue under these regulations shall be in writing and may be on such forms
as the Commission shall provide. Such licenses shall be furnished to the applicant
and a copy retained by the Commission for its records. Any conditions applicable
to licenses issued shall be set forth in full thereon.
C.
If the Commission shall find, after granting a license, that the activity for which it was granted has, or will have, a more significant impact or greater major effect on a wetland or watercourse than was evident at the time such license was granted, then the Commission may suspend or revoke such license pursuant to Subsection D hereof without prejudice to the filing of a new application.
D.
The Commission may suspend or revoke a license if it
finds that the licensee has not complied with the conditions or limitations
set forth in the license or has exceeded the scope of activity set forth in
the application for such license. Such suspension or revocation shall occur
only after giving notice to the licensee of the facts or conduct which warrants
such action after a hearing at which the licensee is given an opportunity
to show compliance with the requirements for retention of the license. The
Commission may issue such cease and desist orders as are necessary to preserve
the issues for hearing.
E.
The applicant shall be notified of the Commission's decision
within 15 days of the date of the decision, and the Commission shall cause
notice of its order in issuance, denial, revocation or suspension of a license
to be published in a newspaper having a general circulation in the Town.
F.
Work shall be initiated within six months after the issuance
of a license on any project licensed by the Commission and completed within
one year after initiation, unless the time period is extended by the Commission.
A.
The Commission or its appointed agent shall make regular
inspections of regulated areas and of all activities and uses for which licenses
have been issued under these regulations. Licensed activities shall be open
to inspection at all reasonable times by any member of the Commission or by
such agent, and the owner, applicant or agent shall have such license readily
available and shall produce the same for inspection by such agent of the Commission
upon request.
B.
If the Commission finds that any person is conducting or maintaining, or has taken part in or assisted in, any activity, facility or condition which is in violation of any provision of these regulations or of C.G.S. §§ 22a-36 to 22a-45, inclusive, the Commission may issue a written order, by certified mail, to such person to correct such activity, facility or condition. Within 10 days of the issuance of such order, the Commission shall hold a hearing to provide such person an opportunity to be heard and show cause why the order should not remain in effect. The Commission shall consider the facts presented at the hearing and, within 10 days of the completion of the hearing, notify such 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 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 section shall not delay or bar an action pursuant to Subsection C hereof.
C.
Any person who commits, takes part in, or assists in
any violation of any provision of C.G.S. §§ 22a-36 to 22a-45,
inclusive, or of these regulations shall be assessed a civil penalty of not
more than $1,000 for each offense. Each such violation shall be a separate
and distinct offense, and in the case of a continuing violation each day's
continuance thereof shall be deemed to be a separate and distinct offense.
D.
Any person who willfully or knowingly violates any provision of C.G.S. §§ 22a-36 to 22a-45, inclusive, shall be fined not more than $1,000 for each day during which such violation continues or be imprisoned not more than six months, or both. For a subsequent violation, such person shall be fined not more than $2,000 for each day during which such violation continues or be imprisoned not more than one year, or both. For the purposes of this Subsection D, "person" shall be construed to include any responsible corporate officer.
E.
The Commission shall report to the Commissioner of Environmental
Protection all enforcement activities undertaken by the Town and all appeals
involving decisions made by the Commission which pertain to the wetlands and
watercourses of the Town. All reports shall be submitted to the Commissioner
within 15 days of the commencement of such action.
A.
The Commission may, as a condition to a license, require
the applicant to provide a performance bond in an amount and with sureties
and in a form approved by the Commission. Such bond shall be conditioned on
compliance with these regulations and any conditions imposed by the license.
B.
The proceeds of any such bond paid by reason of default
shall be applied to restore the affected wetlands or watercourses to their
condition prior to the violation, insofar as possible.
C.
The Commission may require, as a condition to a license,
that the applicant shall obtain and keep in force insurance against liability
for injury or damage to persons or property arising during performance of
a licensed activity or within one year after completion thereof, in an amount
to be determined by the Commission.
A.
Nothing in these regulations shall obviate any requirement
for the applicant to obtain any other assent, permit or license required by
law or regulation of the government of the United States or of the State of
Connecticut or any political subdivisions thereof. The obtaining of such assents,
permits or licenses is solely the responsibility of the applicant.
B.
No person shall conduct any regulated activity within
a wetland or watercourse which requires zoning or subdivision approval without
first having obtained a valid certificate of zoning or subdivision approval,
special permit, special exception or variance or other documentation establishing
that the proposal complies with the zoning or subdivision requirements adopted
by the Town pursuant to Chapters 124 to 126, inclusive, Connecticut General
Statutes, or any special act.
Any regulated activity legally existing prior to the effective date
of these regulations shall be exempt therefrom and permitted to continue,
provided that no new or expanded regulated activity shall be permitted after
May 24, 1974, except by license granted under the provisions of these regulations.
A.
Prior to the submission of any application hereunder,
any person may submit, without fee, a tentative plan to the Commission for
discussion purposes only. Such tentative plan shall not constitute the filing
of an application hereunder but shall be preliminary thereto for the purpose
of seeking the Commission's advice and guidance with respect to the general
feasibility of the proposed regulated activity and establishing the basis
for and clarifying the requirements of the application.
A.
Where there is a conflict between the provisions of these
regulations and those of any other applicable statute, ordinance or regulation,
the provisions of that statute, ordinance or regulation which imposes the
greatest restrictions on the use of wetlands and watercourses shall govern.
B.
The invalidity of any word, clause, sentence, section,
part 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.
These regulations shall become effective upon filing in the office of
the Town Clerk of Old Lyme after approval thereof by the Commissioner of Environmental
Protection and publication of notice of their adoption in a newspaper having
a general circulation in the Town.
A.
The Commission may, from time to time, by an affirmative
vote of a majority of its members, amend, change or repeal these regulations
or the boundaries of the wetlands and watercourses. No such action shall become
effective until after a public hearing in relation thereto is held by the
Commission, notice of the time and place of which shall be published in the
form of a legal advertisement appearing in a newspaper having a general circulation
in the Town at least twice, at intervals of not less that two days, the first
not more than 25 days and not less than 15 days and the last not less than
two days before such hearing, and a copy of such change shall be filed in
the office of the Town Clerk, for public inspection at least 10 days before
such hearing. At such hearing, parties in interest and citizens shall have
the opportunity to be heard. A copy of the notice and the proposed regulations
or amendments thereto, except determinations of boundaries, shall be provided
to the Commissioner of Environmental Protection at least 35 days before such
hearing.
B.
All petitions submitted in writing and in a form prescribed by the Commission requesting a change in these regulations or in the boundaries of the wetlands and watercourses shall be considered at a public hearing called and noticed in the manner prescribed in Subsection A hereof and held within 90 days after receipt of such petition. The Commission shall act upon the changes requested in such petition within 60 days after the public hearing thereon; provided, however, that the petitioner may consent to extension of the period provided for the hearing and for adoption or denial or may withdraw such petition.
C.
All changes in these regulations or in the boundaries
of the wetlands and watercourses shall become effective at such time as is
fixed by the Commission, provided that a copy of such change shall have been
filed in the office of the Town Clerk. The Commission shall state upon its
records the reason why a change was made and shall provide a copy of such
change to the Commissioner of Environmental Protection no later than 10 days
after its adoption, provided that failure to submit such change shall not
impair its validity.
Any person aggrieved by any regulation, order, decision or action made
pursuant to these regulations by the Commission, or any person owning or occupying
land which abuts any portion of land or is within a radius of 90 feet of the
wetland or watercourse involved in any such regulation, order, decision or
action, may, within 15 days after the publication of such regulation, order,
decision or action, appeal to the Superior Court for the County of New London.
Such appeal shall be made returnable to said Court in the same manner as that
prescribed for civil actions brought to said Court. Such appeal shall state
the reason upon which it is predicated and shall not stay proceedings on the
regulation, order, decision or action of the Commission, but the Court may,
on application and after notice, grant a restraining order.
