Simone Lawson
If you are a homeowner in Connecticut and your property includes wetlands, you are a custodian of a valuable natural resource. The wetlands and watercourses of the state constitute an interrelated web of nature that is essential to maintaining an adequate supply of surface and underground water, hydrological stability, and the existence of many forms of animal, aquatic, and plant life. As a custodian, you must be aware of the regulations that govern activities in and around wetlands. Each town's municipal inland wetlands agency regulates activities that affect inland wetlands and watercourses within their municipal boundaries pursuant to the Connecticut Inland Wetlands and Watercourses Act (Act). This means that if you need to conduct any work in or near wetlands, such as clearing, grading, piping, or constructing, you must submit a description of your proposed project for review and approval by your town's wetlands agency. The agency may grant or deny a permit, or grant it with conditions necessary to mitigate impacts. It is important to carefully review the municipal inland wetlands regulations and determine the appropriate application requirements and permitting processes to ensure compliance with the law.
| Characteristics | Values |
|---|---|
| Definition of regulated activity | Any operation or use of a wetland or watercourse involving removal or deposition of material, or any obstruction, construction, alteration or pollution, of such wetlands or watercourses |
| Who regulates activities that affect inland wetlands and watercourses? | Each town's municipal inland wetlands agency |
| Who regulates state agency actions? | Connecticut Department of Energy and Environmental Protection (DEEP) |
| What to do if you need to conduct work in or near wetlands? | Submit a description of your proposed project for review and approval by your town's wetlands agency |
| What happens if the wetlands agency approves your project? | A permit will be issued allowing you to conduct the activity |
| What happens if you violate a condition of approval in the permit? | You may be subject to enforcement action |
| What happens if the inland wetlands agency, or its agent, fails to act on any application within 35 days after the completion of a public hearing? | The applicant may file such application with the Commissioner of Energy and Environmental Protection |
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What You'll Learn
Work on wetlands
If your property in Connecticut includes inland wetlands or watercourses, you are a custodian of a valuable natural resource. Wetlands are indispensable and irreplaceable but fragile natural resources that are essential to maintaining an adequate supply of surface and underground water, hydrological stability, and flooding and erosion control.
Before conducting any work on or near wetlands, such as clearing, grading, piping, culverting, excavating, filling, or constructing, you must submit a description of your proposed project for review and approval by your town's inland wetlands agency. This agency is responsible for implementing and enforcing the Connecticut Inland Wetlands and Watercourses Act (the Act). The Act creates a land-use regulatory process that considers the environmental impacts of proposed development activities.
To obtain approval for your project, you must first submit an application or request for a permit. The application should include the owner's name and contact information, a description of the property's geographical location, and a detailed purpose and description of the proposed activity. It may also need to include engineering and/or environmental information describing the project's impacts. Many towns employ Inland Wetlands Staff, such as a land-use administrator or agent, to provide guidance and assistance with the application process.
Once your application is submitted, the inland wetlands agency may grant or deny a permit or grant it with conditions necessary to mitigate impacts. The agency may also hold a public hearing on the permit application, where the applicant is expected to defend the project in terms of the permit decision factors established in the Act and town regulations. If your project is approved, a permit will be issued, allowing you to conduct the activity. However, note that for certain types of projects, a state and federal permit may also be required.
It is important to comply with all regulations and obtain the necessary permits before conducting any work on or near wetlands. Failure to do so may result in enforcement actions, including municipal fines, court orders, and civil penalties.
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Wetlands agency approval
If your property in Connecticut includes inland wetlands or watercourses, you are the custodian of a valuable natural resource. Wetlands are indispensable and irreplaceable but fragile natural resources that are essential to maintaining an adequate supply of surface and underground water, hydrological stability, and flooding and erosion control.
If you need to conduct any work in or near wetlands, such as clearing, grading, piping, culverting, excavating, filling, or constructing, you must submit a description of your proposed project for review and approval by your town's wetlands agency. This process is known as obtaining a permit from the municipal inland wetlands agency. The application for a permit should include a detailed description of the proposed work and a map showing the area of the wetland directly affected, along with the names of adjacent landowners and known claimants of water rights.
Each town's municipal inland wetlands agency regulates activities that affect inland wetlands and watercourses within their municipal boundaries pursuant to the Connecticut Inland Wetlands and Watercourses Act (the Act). The Act creates a land-use regulatory process that considers the environmental impacts of proposed development activities. Regulated activities are broadly defined as any operation or use of a wetland involving the removal or deposition of material, or any obstruction, construction, alteration, or pollution of wetlands.
The wetlands agency may grant or deny a permit or grant it with conditions necessary to mitigate impacts. If your project is approved, a permit will be issued, allowing you to conduct the activity. However, for certain projects, a state and federal permit may also be required. It is important to carefully review your municipal inland wetlands regulations to determine the specific application requirements that apply to your project.
If the wetlands agency or its agent fails to act on any application within the specified time frames, the applicant may file the application with the Commissioner of Energy and Environmental Protection for review and action. The Commissioner or their designated hearing officer shall hold a public hearing on such an application, provided the regulated activity is likely to have a significant impact on the wetland.
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Municipal regulations
If your property in Connecticut includes inland wetlands or watercourses, you are considered a custodian of a valuable natural resource. The wetlands and watercourses of the State of Connecticut are an indispensable, irreplaceable, and fragile natural resource. They constitute an interrelated web of nature that is essential to maintaining an adequate supply of surface and groundwater, hydrological stability, and erosion control, among other things.
Municipal inland wetlands agencies regulate activities that affect inland wetlands and watercourses within their municipal boundaries pursuant to the Connecticut Inland Wetlands and Watercourses Act (the Act). The Act creates a land-use regulatory process that considers the environmental impacts of proposed development activities.
If you need to conduct work in or near wetlands (e.g. clearing, grading, piping, culverting, excavating, filling, constructing), you must submit a description of your proposed project for review and approval by your town's wetlands agency. The application for a permit must include a detailed description of the proposed work and a map showing the area of the wetland directly affected, with the location of the proposed work, and the names of the owners of adjacent land and known claimants of water rights.
The municipal inland wetlands agency may grant or deny a permit or grant it with conditions necessary to mitigate impacts. The agency may also hold a public hearing on a permit application, and the applicant is expected to defend the project in terms of the permit decision factors established in the Act and the town's regulations. If the agency approves your project, a permit will be issued, allowing you to conduct the activity.
Municipal inland wetlands agencies have the authority to enforce all applicable sections of the Act and their municipal regulations. Enforcement actions may result in municipal fines, court orders, and civil penalties.
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Permit requirements
If your property includes wetlands, you are a custodian of a valuable natural resource. As a custodian, you are responsible for maintaining the fragile wetland ecosystem and ensuring that any activities conducted on your property do not negatively impact the wetlands.
Before conducting any work near wetlands, such as clearing, grading, piping, culverting, excavating, filling, or constructing, you must submit a description of your proposed project for review and approval by your town's wetlands agency. This process is known as obtaining a permit.
The permit application process can vary depending on the town, but some standard requirements include:
- A detailed description of the proposed work
- A map showing the area of the wetland directly affected and the location of the proposed work
- The names of adjacent land owners and known claimants of water rights
- The owner's name and contact information (if different from the applicant)
- The geographical location of the property, including a description that allows for identification on a wetlands and watercourses map
- The purpose and description of the proposed activity, including any potential environmental impacts and mitigation measures
In some cases, a state or federal permit may also be required, especially if the project is located within a certain distance from another municipality. It is important to carefully review your town's specific regulations and requirements before submitting a permit application.
The inland wetlands agency has the authority to grant, deny, or conditionally approve a permit. If your permit is approved, you must have it readily available for inspection upon request. Failure to obtain the necessary permits or comply with their conditions can result in enforcement actions, including municipal fines, court orders, and civil penalties.
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Appeals process
If you own land that contains an inland wetland or watercourse in Connecticut, you are a custodian of a valuable natural resource. Before conducting any work in or near wetlands, you must submit a description of your proposed project for review and approval by your town's wetlands agency. The wetlands agency may grant or deny a permit, or grant it with certain conditions.
If your permit application is denied, or you disagree with a decision made by a municipal inland wetlands agency, you may obtain legal counsel and take the matter to the state courts. Appeals must be made to the Connecticut Superior Court for the judicial district where the land affected is located. Only the state courts can overturn such actions or decisions.
The majority of legal appeals of municipal inland wetlands agencies' actions in Connecticut involve appeals of permit decisions. However, it is important to note that the Department of Energy and Environmental Protection (DEEP) does not have the authority to act as a board of appeals or to overturn the actions of municipal inland wetlands agencies.
There have been proposals to create local wetlands appeals boards to hear appeals from wetland agency decisions or matters relating to hardships caused by wetlands regulations. However, these proposals have faced opposition due to concerns about adding an unnecessary layer of bureaucracy and delaying eventual Superior Court appeals.
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Frequently asked questions
The wetlands and watercourses of the State of Connecticut are an indispensable, irreplaceable, and fragile natural resource. They constitute an interrelated web of nature that is essential to maintaining an adequate supply of surface and underground water, hydrological stability, and the existence of many forms of animal, aquatic, and plant life.
Regulated activities refer to any operation or use of a wetland or watercourse involving the removal or deposition of material, or any obstruction, construction, alteration, or pollution of such wetlands or watercourses.
If your property includes wetlands, you must submit a description of your proposed project for review and approval by your town's wetlands agency. If approved, a permit will be issued, allowing you to conduct the activity.
The permit application process may vary depending on the town. Generally, you must submit a detailed description of the proposed work, a map showing the area of the wetland directly affected, and the names of adjacent landowners and known claimants of water rights. The application may also need to include a plan depicting the proposed activity and any necessary engineering or environmental information.
If you conduct an activity without the necessary approval from the municipal inland wetlands agency or violate a condition of approval in the permit, you may be subject to enforcement action, which could result in municipal fines, court orders, or civil penalties.
