Sec. 22a-39. Duties of commissioner.
Sec. 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner. Training.
Sec. 22a-44. Penalty. Court orders. Failure to complete required improvements.
Sec. 22a-32. (Formerly Sec. 22-7l). Regulated activity permit. Application. Hearing. Waiver of hearing. Exception. Appeal. (a) No regulated activity shall be conducted upon any wetland without a permit. Any person proposing to conduct or cause to be conducted a regulated activity upon any wetland shall file an application for a permit with the commissioner, in such form and with such information as the commissioner may prescribe. Such application shall include a detailed description of the proposed work and a map showing the area of wetland directly affected, with the location of the proposed work thereon, together with the names of the owners of record of adjacent land and known claimants of water rights in or adjacent to the wetland of whom the applicant has notice. The commissioner shall cause a copy of such application to be mailed or sent by electronic means to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairperson of the conservation commission and shellfish commission of the town or towns where the proposed work, or any part thereof, is located. The commissioner or the commissioner's duly designated hearing officer shall hold a public hearing on such application, provided, whenever the commissioner determines that the regulated activity for which a permit is sought is not likely to have a significant impact on the wetland, the commissioner may waive the requirement for public hearing after publishing notice, in a newspaper having general circulation in each town wherever the proposed work or any part thereof is located, of the commissioner's intent to waive said requirement and of the commissioner's tentative decision regarding the application, except that the commissioner shall hold a hearing on such application upon request of the applicant or upon receipt of a petition, signed by at least twenty-five persons, requesting such a hearing, unless the regulated activity is a transportation capital project subject to the provisions of subdivisions (1) and (2) of subsection (b) of this section. The following shall be notified of the hearing by mail or by electronic means not less than fifteen days prior to the date set for the hearing: All of those persons and agencies who are entitled to receive a copy of such application in accordance with the terms of this subsection and all owners of record of adjacent land and known claimants to water rights in or adjacent to the wetland of whom the applicant has notice. The commissioner shall cause notice of the commissioner's tentative decision regarding the application and such hearing to be published at least once not more than thirty days and not fewer than ten days before the date set for the hearing in the newspaper having a general circulation in each town where the proposed work, or any part thereof, is located. All applications and maps and documents relating thereto shall be open for public inspection at the office of the commissioner. At such hearing, any person or persons may appear and be heard.
(b) (1) If the regulated activity is a transportation capital project and (A) such project is not located at an airport, as defined in section 15-34, (B) the federal government requires public participation regarding such regulated activity, (C) the person proposing to conduct or cause to be conducted such regulated activity sought public input on such regulated activity by implementing a plan approved by an agency of the federal government, and (D) such person submits to the commissioner a copy of the approved plan for public participation, a written summary of the opportunities for public participation that were provided and a copy or record of any comments received regarding such regulated activity and how such comments were responded to or addressed, the commissioner shall only be required to hold a public hearing on such application, upon receipt of a petition, signed by at least twenty-five persons, that alleges aggrievement or unreasonable pollution or destruction of the public trust.
(2) For the purposes of subdivision (1) of this subsection, a petition alleges aggrievement or unreasonable pollution or destruction of the public trust if the petition sets forth specific facts that (A) demonstrate that the legal rights, duties or privileges of at least one person who signed the petition will be, or may reasonably be expected to be, affected by such regulated activity, or (B) satisfy the requirements to intervene as a party pursuant to section 22a-19. Any such petition shall identify the relevant statutory or regulatory provision which the petitioners claim such proposed regulated activity does not satisfy. The commissioner shall provide a copy of any such petition received to the person proposing to conduct or cause to be conducted such regulated activity, who, not more than ten days after receipt of such petition, may object to such petition on the basis that the petition does not contain the specific factual demonstration required by this subdivision. Any objection shall be submitted to the commissioner and a copy provided to the person who submitted the petition. The person who submitted the petition may respond, in writing, to any such objection not later than seven days after such submission. Not later than thirty days after a petition is submitted pursuant to subdivision (1) of this subsection, or not later than thirty days after a response to an objection is submitted, whichever is later, the commissioner shall determine whether the petition satisfies the requirements of this subdivision and shall send notice of such determination, in writing, to the person proposing to conduct or cause to be conducted such regulated activity and the person who submitted the petition. If the commissioner determines that the petition does not satisfy the requirements of this subdivision, the person who submitted the petition may appeal such determination pursuant to section 4-183.
(3) Nothing in this subsection shall be construed to modify or limit any requirement of sections 22a-1a to 22a-1h, inclusive, concerning a public scoping process, a public hearing or public participation.
(1969, P.A. 695, S. 5, 6; 1971, P.A. 872, S. 401; P.A. 73-590, S. 1, 3; P.A. 93-428, S. 7, 39; P.A. 94-154, S. 1; P.A. 95-218, S. 3; P.A. 10-106, S. 3; P.A. 24-81, S. 127; P.A. 25-84, S. 5.)
History: 1971 act deleted from list of those who receive copies of applications state board of fisheries and game, open spaces section and soil and water conservation section of department of agriculture and natural resources and shellfish commission; Sec. 22-7l transferred to Sec. 22a-32 in 1972; P.A. 73-590 added proviso re waiver of public hearing and petition for hearing; P.A. 93-428 specified that notice include commissioner's tentative decision in cases where he intends to waive hearing, effective July 1, 1993; P.A. 94-154 added provision re waiver or reduction of fees and defined “resource restoration or enhancement activity” (Revisor's note: In the phrase “no sooner than thirty days and not later than sixty days of the receipt of such application,” the word “of” was replaced editorially by the Revisors with “after” for grammatical sense); P.A. 95-218 deleted a provision re reduction or waiver of fee for resource restoration or enhancement activities; P.A. 10-106 added provision authorizing commissioner to send copy of application to chief administrative officer of town by electronic means, deleted provision re time period for holding public hearing, added provisions authorizing applicant to request public hearing and authorizing notification of hearing by electronic means and made technical changes; P.A. 24-81 designated existing provisions as Subsec. (a) and amended same to add provision re hearing exception if regulated activity is transportation capital project subject to Subsec. (b)(1) and (2) and make technical changes and added Subsec. (b) re public hearing when regulated activity is transportation capital project, effective July 1, 2024; P.A. 25-84 amended Subsec. (b)(2) to delete provision re regulated activity having a reasonable likelihood of unreasonably polluting to have unreasonable effect of polluting, add provision re satisfying requirements to intervene as a party, change reference from 7 days to 10 days, add provision re objections and add provision re authority to appeal, effective June 23, 2025.
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Sec. 22a-32a. Watershed-level compensatory mitigation. Authorization. Requirements. Contracts. Program. (a)(1) Notwithstanding the provisions of this chapter and chapter 444 and sections 22a-361 and 22a-363b, the Commissioner of Energy and Environmental Protection may require, as a condition of any permit issued pursuant to section 22a-32, 22a-42, 22a-361 or 22a-363b, or as a condition of any certification regarding water quality pursuant to 33 USC 1341, watershed-level compensatory mitigation to offset impacts to water resources caused by any regulated activity (A) that is authorized under permit actions and conducted by any department, agency or instrumentality of the state, except any local or regional board of education, or (B) that is authorized under permit actions for activities within the public trust, including, but not limited to, impacts to inland wetlands and watercourses, tidal wetlands and coastal waters.
(2) The commissioner may include conditions for any license or certification referenced in subsection (a) of this section only if the commissioner determines that the applicant has demonstrated that: (A) It is not prudent to further minimize impacts of the regulated activity, and (B) for licensees or certificates that authorize actions for activities within the public trust, the commissioner additionally determines that the applicant has demonstrated that the watershed-level mitigation project will provide substantial public benefit.
(3) The commissioner may enter into any contract or agreement with any contractor, state agency or federal agency in order to implement the provisions of this section.
(b) Provided the requirements of subdivision (2) of subsection (a) of this section are met, the commissioner may require one or both of the following actions by the permittee: (1) The purchasing of resource credits to provide compensation, in an amount established by the commissioner, to fund compensatory mitigation projects, or (2) participation in a compensatory mitigation project in lieu of a fee program or mitigation bank that has been approved for use by the United States Army Corps of Engineers and the Department of Energy and Environmental Protection.
(c) Any land purchase, conservation easement or other protective instrument used as a compensatory mitigation project pursuant to this section shall be held by a third party, unless the commissioner determines it is in the interest of the state for the state to hold the asset. All lands or interests in land acquired pursuant to this section shall be preserved in perpetuity for the protection of the wetland and hydrological functioning.
(d) Any watershed-level mitigation project pursued in accordance with this section shall create, restore or enhance the same or similar types of water resource to be impacted by the regulated activity and such compensation shall be proportional to the impacts caused by the proposed regulated activity.
(e) All watershed-level compensation resources acquired pursuant to this section shall be adequately protected, in perpetuity, to protect the water resources subject to mitigation under this section.
(f) (1) The commissioner shall issue, and may periodically reissue, a request for proposals for contractors who will develop a watershed-level mitigation program. Any such selected contractor shall be responsible for identifying potential watershed-level mitigation project locations for the commissioner's approval and performing wetland and water resource creation, restoration or enhancement projects, including providing for such project's long-term management. The request for proposals may include any elements necessary for operation of the watershed-level mitigation program, as determined by the commissioner. In evaluating contractors for selection under any such request for proposals, the commissioner shall evaluate contractor qualifications that include, but are not limited to, sufficient financial resources to monitor and maintain any mitigation project for the appropriate time periods and sufficient and reliable demonstration of financial controls to administer the accounts necessary to conduct, monitor and maintain any such projects. The commissioner may select one or more contractors to carry out the purposes of this section.
(2) Any contractor selected pursuant to subdivision (1) of this subsection shall seek the commissioner's approval for any project location or scope before initiating such a compensatory mitigation project.
(3) Each such contractor may accept other federal, state or private funding for such projects in order to enhance or expand the compensatory mitigation project.
(P.A. 25-84, S. 2.)
History: P.A. 25-84 effective July 1, 2025.
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Sec. 22a-39. Duties of commissioner. The commissioner shall:
(a) Exercise general supervision of the administration and enforcement of sections 22a-36 to 22a-45, inclusive;
(b) Develop comprehensive programs in furtherance of the purposes of said sections;
(c) Advise, consult and cooperate with other agencies of the state, the federal government, other states and with persons and municipalities in furtherance of the purposes of said sections;
(d) Encourage, participate in or conduct studies, investigations, research and demonstrations, and collect and disseminate information, relating to the purposes of said sections;
(e) 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 on a cost-sharing basis with the United States Soil Conservation Service for the purpose of (1) completing the state soils survey and (2) making on-site interpretations, evaluations and findings as to soil types;
(f) Adopt such regulations, in accordance with the provisions of chapter 54, as are necessary to protect the wetlands or watercourses or any of them individually or collectively;
(g) Inventory or index the wetlands and watercourses in such form, including pictorial representations, as the commissioner deems best suited to effectuate the purposes of sections 22a-36 to 22a-45, inclusive;
(h) Grant, deny, limit or modify in accordance with the provisions of section 22a-42a, an application for a license or permit for any proposed regulated activity conducted by any department, agency or instrumentality of the state, except any local or regional board of education, (1) after an advisory decision on such license or permit has been rendered to the commissioner by the wetland agency of the municipality within which such wetland is located or (2) thirty-five days after receipt by the commissioner of such application, whichever occurs first;
(i) Grant, deny, limit or modify in accordance with the provisions of section 22a-42 and section 22a-42a, an application for a license or permit for any proposed regulated activity within a municipality which does not regulate its wetlands and watercourses;
(j) Exercise all incidental powers including but not limited to the issuance of orders necessary to enforce rules and regulations and to carry out the purposes of sections 22a-36 to 22a-45, inclusive;
(k) (1) Conduct a public hearing no sooner than thirty days and not later than sixty days following the receipt by said commissioner of any inland wetlands application, provided whenever the commissioner determines that the regulated activity for which a permit is sought is not likely to have a significant impact on the wetland or watercourse, the commissioner may waive the requirement for public hearing after (A) publishing notice, in a newspaper having general circulation in each town wherever the proposed work or any part thereof is located, of the commissioner's intent to waive said requirement, and (B) mailing or providing by electronic means notice of such intent to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairperson of the conservation commission and inland wetlands agency of each such town or towns, except that the commissioner shall hold a hearing on such application upon receipt, not later than thirty days after such notice has been published, sent or mailed, of a petition signed by at least twenty-five persons requesting such a hearing, unless the regulated activity is a transportation capital project subject to the provisions of subdivisions (2) and (3) of this subsection. The commissioner shall (i) publish notice of such hearing at least once not more than thirty days and not fewer than ten days before the date set for the hearing in a newspaper having a general circulation in each town where the proposed work, or any part thereof, is located, and (ii) mail or provide by electronic means notice of such hearing to the chief administrative officer in the town or towns where the proposed work, or any part thereof, is located, and the chairperson of the conservation commission and inland wetlands agency of each such town or towns. All applications and maps and documents relating thereto shall be open for public inspection at the office of the commissioner. The commissioner shall state upon the commissioner's records the commissioner's findings and reasons for the action taken.
(2) If the regulated activity is a transportation capital project and (A) such project is not located at an airport, as defined in section 15-34, (B) the federal government requires public participation regarding such regulated activity, (C) the person proposing to conduct or cause to be conducted such regulated activity sought public input on such regulated activity by implementing a plan approved by an agency of the federal government, and (D) such person submits to the commissioner a copy of the approved plan for public participation, a written summary of the opportunities for public participation that were provided and a copy or record of any comments received regarding such regulated activity and how such comments were responded to or addressed, the commissioner shall only be required to hold a public hearing on such application, upon receipt of a petition, signed by at least twenty-five persons, that alleges aggrievement or unreasonable pollution or destruction of the public trust.
(3) For the purposes of subdivision (2) of this subsection, a petition alleges aggrievement or unreasonable pollution or destruction of the public trust if the petition sets forth specific facts that (A) demonstrate that the legal rights, duties or privileges of at least one person who signed the petition will be, or may reasonably be expected to be, affected by such regulated activity, or (B) satisfy the requirements to intervene as a party pursuant to section 22a-19. Any such petition shall identify the relevant statutory or regulatory provision which the petitioners claim such proposed regulated activity does not satisfy. The commissioner shall provide a copy of any such petition received to the person proposing to conduct or cause to be conducted such regulated activity, who, not more than ten days after receipt of such petition, may object to such petition on the basis that the petition does not contain the specific factual demonstration required by this subdivision. Any objection shall be submitted to the commissioner and a copy provided to the person who submitted the petition. The person who submitted the petition may respond, in writing, to any such objection not later than seven days after such submission. Not later than thirty days after a petition is submitted pursuant to subdivision (1) of this subsection, or not later than thirty days after a response to an objection is submitted, whichever is later, the commissioner shall determine whether the petition satisfies the requirements of this subdivision and shall send notice of such determination, in writing, to the person proposing to conduct or cause to be conducted such regulated activity and the person who submitted the petition. If the commissioner determines that the petition does not satisfy the requirements of this subdivision, the person who submitted the petition may appeal such determination pursuant to section 4-183.
(4) Nothing in this subsection shall be construed to modify or limit any requirements of sections 22a-1a to 22a-1h, inclusive, concerning a public scoping process, a public hearing or public participation;
(l) Develop a comprehensive training program for inland wetlands agency members;
(m) Adopt regulations in accordance with the provisions of chapter 54 establishing reporting requirements for inland wetlands agencies, which shall include provisions for reports to the commissioner on permits, orders and other actions of such agencies and development of a form for such reports; and
(n) The commissioner shall issue a certificate to any member of a municipal inland wetlands agency or its staff who completes the training program offered annually by the commissioner for such officials.
(1972, P.A. 155, S. 5; P.A. 77-397; 77-599, S. 1, 7; P.A. 80-16; P.A. 87-533, S. 3, 14; P.A. 95-313, S. 2; P.A. 13-209, S. 3; P.A. 24-81, S. 128; P.A. 25-84, S. 6.)
History: P.A. 77-397 specifically mentioned commissioner's power to issue orders in Subdiv. (h) and added Subdiv. (i) re commissioner's duty to conduct public hearings on inland wetlands applications; P.A. 77-599 inserted new Subdivs. (h) and (i) re commissioner's power to grant, deny, limit or modify applications for permits or licenses and relettered former Subdivs. (h) and (i) as (j) and (k); P.A. 80-16 expanded Subdiv. (k) to include provisions re waiver of hearing requirement and re hearings held upon receipt of petition requesting hearing; P.A. 87-533 amended Subdiv. (f) by adding reference to chapter 54 and added Subdiv. (l) regarding a training program for inland wetlands agency members and Subdiv. (m) regarding adoption by the commissioner of regulations establishing reporting requirements for inland wetlands agencies; P.A. 95-313 added Subdiv. (n) re certificate for municipal officials who have completed the training program; P.A. 13-209 amended Subdiv. (k) by adding provisions authorizing commissioner to provide notice to chief administrative officer by electronic means and making technical changes; P.A. 24-81 amended Subdiv. (k) to designate existing provisions as new Subpara. (1) and amend same to redesignate existing Subparas. (1) and (2) as new clauses (A) and (B), add provision re exception if regulatory activity is transportation capital project subject to new Subpara. (2) and Subpara. (3), redesignate existing clauses (A) and (B) as subclauses (i) and (ii) and make technical changes, added new Subpara. (2) re public hearing when regulated activity is transportation capital project, added Subpara. (3) re petition that alleges aggrievement or unreasonable pollution or destruction of public trust and added Subpara. (4) re nothing to be construed to modify or limit requirements of Secs. 22a-1a to 22a-1h, effective July 1, 2024; P.A. 25-84 amended Subsec. (k)(3) to delete provision re regulated activity having a reasonable likelihood of unreasonably polluting to have unreasonable effect of polluting, add provision re satisfying requirements to intervene as a party, change reference from 7 days to 10 days, add provision re objections and add provision re authority to appeal, effective June 23, 2025.
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Sec. 22a-42. Municipal regulation of wetlands and watercourses. Action by commissioner. Training. (a) To carry out and effectuate the purposes and policies of sections 22a-36 to 22a-45a, inclusive, it is hereby declared to be the public policy of the state to require municipal regulation of activities affecting the wetlands and watercourses within the territorial limits of the various municipalities or districts.
(b) Any municipality may acquire wetlands and watercourses within its territorial limits by gift or purchase, in fee or lesser interest including, but not limited to, lease, easement or covenant, subject to such reservations and exceptions as it deems advisable.
(c) On or before July 1, 1988, each municipality shall establish an inland wetlands agency or authorize an existing board or commission to carry out the provisions of sections 22a-36 to 22a-45, inclusive. Each municipality, acting through its legislative body, may authorize any board or commission, as may be by law authorized to act, or may establish a new board or commission to promulgate such regulations, in conformity with the regulations adopted by the commissioner pursuant to section 22a-39, as are necessary to protect the wetlands and watercourses within its territorial limits. The ordinance establishing the new board or commission shall determine the number of members and alternate members, the length of their terms, the method of selection and removal and the manner for filling vacancies in the new board or commission. No member or alternate member of such board or commission shall participate in the hearing or decision of such board or commission of which he is a member upon any matter in which he is directly or indirectly interested in a personal or financial sense. In the event of such disqualification, such fact shall be entered on the records of such board or commission and replacement shall be made from alternate members of an alternate to act as a member of such commission in the hearing and determination of the particular matter or matters in which the disqualification arose. For the purposes of this section, the board or commission authorized by the municipality or district, as the case may be, shall serve as the sole agent for the licensing of regulated activities.
(d) (1) On and after January 1, 2026, each member of and person employed by a municipality as staff to an inland wetlands agency shall complete the comprehensive training program developed by the commissioner pursuant to section 22a-39.
(2) Any such member or staff person serving on or employed by any such agency as of January 1, 2026, shall complete such training program (A) by January 1, 2027, and (B) once every four years thereafter, except that any such member may complete such subsequent training program once every term for which such member is elected or appointed, if such term is longer than four years.
(3) Any such member or staff person not serving on or employed by any such agency as of January 1, 2026, shall complete such training program (A) not later than one year after such member's election or appointment or such staff person's hiring, and (B) once every four years thereafter, except that any such member may complete such subsequent training program once every term for which such member is elected or appointed, if such term is longer than four years.
(4) The commissioner shall make such training program available on the Internet web site of the Department of Energy and Environmental Protection to members of and persons employed by municipalities to staff inland wetlands agencies. The commissioner shall develop such training program in consultation with interested persons affected by the regulation of inland wetlands. In addition to developing such training program, the commissioner, in consultation with such interested persons, shall prepare materials that provide guidance to municipalities in carrying out the provisions of subsection (f) of section 22a-42a.
(5) Not later than March 1, 2027, and annually thereafter, each inland wetlands agency shall submit a statement to the legislative body or board of selectmen of the municipality in which such agency sits, affirming compliance with the training requirement established pursuant to this section by each member and staff person who was required to complete such training in the calendar year ending the preceding December thirty-first.
(6) The failure of any member or staff person to complete such training shall not affect the validity of any action of an inlands wetlands agency.
(e) Any municipality, pursuant to ordinance, may act through the board or commission authorized in subsection (c) of this section to join with any other municipalities in the formation of a district for the regulation of activities affecting the wetlands and watercourses within such district. Any city or borough may delegate its authority to regulate inland wetlands under this section to the town in which it is located.
(f) Municipal or district ordinances or regulations may embody any regulations promulgated hereunder, in whole or in part, or may consist of other ordinances or regulations in conformity with regulations promulgated hereunder. Any ordinances or regulations shall be for the purpose of effectuating the purposes of sections 22a-36 to 22a-45, inclusive, and, a municipality or district, in acting upon ordinances and regulations shall incorporate the factors set forth in section 22a-41.
(g) Nothing contained in this section shall be construed to limit the existing authority of a municipality or any boards or commissions of the municipality, provided the commissioner shall retain authority to act on any application filed with said commissioner prior to the establishment or designation of an inland wetlands agency by a municipality.
(1972, P.A. 155, S. 7; P.A. 73-571, S. 3, 9; P.A. 74-133; P.A. 87-533, S. 5, 14; P.A. 96-157, S. 3; 96-269, S. 3, 4; P.A. 25-73, S. 2.)
History: P.A. 73-571 clarified provisions, included districts as well as municipalities under provisions, specified that ordinance establishing board or commission should determine number of members, length of terms, etc. in Subsec. (c) and added Subsec. (f)(2) re commissioner's power to protect wetlands and watercourses if municipality does not exercise its regulatory authority; P.A. 74-133 added provisions re disqualification of members from participation in hearing or decision in which they are directly or indirectly personally or financially involved and selection of alternate in such cases under Subsec. (c); P.A. 87-533 amended Subsec. (a) to require rather than encourage municipal regulation of inland wetlands, amended Subsec. (c) to require all municipalities to establish inland wetlands agencies on or before July 1, 1988, amended Subsec. (d) to authorize towns or boroughs to delegate authority to regulate inland wetlands to the towns in which they are located, deleted former Subsec. (f) re state regulation of inland wetlands, relettering former Subsec. (g) as (f) and adding proviso re commissioner's authority to act on applications filed prior to designation of municipal agency; P.A. 96-157 inserted new Subsec. (d) re training of agency or staff and relettered former subsequent Subsecs. and amended Subsec. (f) to require incorporation of the factors for consideration set forth in Sec. 22a-41 in the agency's regulations or ordinances; P.A. 96-269 changed effective date of P.A. 96-157 from October 1, 1996, to January 1, 1997, effective June 12, 1996; P.A. 25-73 amended Subsec. (d) by designating existing provision re comprehensive training program as Subdiv. (1) and amending same to delete requirement that at least 1 member of agency or staff of agency shall complete comprehensive training program and replace with requirement that on and after January 1, 2026, each member and person employed by municipality as staff to agency shall complete comprehensive training program, adding Subdiv. (2) re completion of training by members and staff persons serving on or employed by agency as of January 1, 2026, adding Subdiv. (3) re completion of training by members and staff persons not serving on or employed by agency as of January 1, 2026, designating existing provisions re commissioner's duties as Subdiv. (4) and amending same to delete requirements that commissioner annually make program available at no cost to 1 person from each town, each agency hold a meeting annually to present summary of program to agency members, and commissioner provide for distribution of video presentations and related written materials, and replace with requirements that commissioner make training program available on Internet web site of department, adding Subdiv. (5) re annual submission of statement affirming compliance with requirement established pursuant to section during calendar year, designating existing provision re failure to complete training as Subdiv. (6), and making technical changes.
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Sec. 22a-44. Penalty. Court orders. Failure to complete required improvements. (a) If the inland wetlands agency or its duly authorized agent finds that any person is conducting or maintaining any activity, facility or condition that is in violation of sections 22a-36 to 22a-45, inclusive, or of the regulations of the inland wetlands agency, the agency or its duly authorized agent may issue a written order, by certified mail, to such person conducting such activity or maintaining such facility or condition to cease immediately such activity or to correct such facility or condition. Not more than ten days after 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 ten 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 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 (b) of this section. The agency may file a certificate of such order in the office of the town clerk of the town in which the land is located and the town clerk shall record such certificate on the land records of such town. Such certificate shall be released upon compliance with such order. The commissioner may issue orders pursuant to sections 22a-6 to 22a-7, inclusive, concerning an activity, facility or condition (1) that is in violation of said sections 22a-36 to 22a-45, inclusive, if the municipality in which such activity, facility or condition is located has failed to enforce its inland wetlands regulations, or (2) for which an approval is required under sections 22a-36 to 22a-45, inclusive, and for which such approval has not been obtained.
(b) Any person who commits, takes part in, or assists in any violation of any provision of sections 22a-36 to 22a-45, inclusive, including regulations adopted by the commissioner and ordinances and regulations promulgated by municipalities or districts pursuant to the grant of authority herein contained, shall be assessed a civil penalty of not more than one thousand dollars for each offense. Each violation of said sections 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. The Superior Court, in an action brought by the commissioner, municipality, district or any person, shall have jurisdiction to restrain a continuing violation of said sections, to issue orders directing that the violation be corrected or removed and to assess civil penalties pursuant to this section. All costs, fees and expenses in connection with such action shall be assessed as damages against the violator together with reasonable attorney's fees which may be allowed, all of which shall be awarded to the commissioner, municipality, district or person which brought such action. All penalties collected pursuant to this section shall be used solely by the Commissioner of Energy and Environmental Protection (1) to restore the affected wetlands or watercourses to their condition prior to the violation, wherever possible, (2) to restore other degraded wetlands or watercourses, (3) to inventory or index wetlands and watercourses of the state, or (4) to implement a comprehensive training program for inland wetlands agency members.
(c) Any person who wilfully or knowingly violates any provision of sections 22a-36 to 22a-45, inclusive, shall be fined not more than one thousand dollars 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 two thousand dollars for each day during which such violation continues or be imprisoned not more than one year or both. For the purposes of this subsection, “person” shall be construed to include any responsible corporate officer.
(d) For the purposes of this subdivision, “business” means a sole proprietorship, trust, corporation, limited liability company, union, association, firm, partnership or other organization or group of persons. A business that fails to complete any improvement required by an inland wetlands approval, or constructs an improvement that does not conform to the specifications required by the inland wetlands approval applicable to such improvement, may be deemed in violation of this subsection if the authorized agent of the inland wetlands agency or, where no such agent has been appointed, the zoning enforcement officer finds that (1) such approval has not expired, (2) the business has suspended efforts to complete work necessary to meet the requirements of such approval prior to the completion of such work and the authorized agent of the inland wetlands agency or, where no such agent has been appointed, the zoning enforcement officer determines the business has no intent to resume such work within a reasonable time, and (3) the incomplete or nonconforming work creates a condition constituting a public health or safety hazard. The authorized agent of the inland wetlands agency or, where no such agent has been appointed, the zoning enforcement officer may initiate an enforcement action pursuant to section 8-12 against a business that violates this subdivision.
(1972, P.A. 155, S. 9; P.A. 75-387, S. 2; P.A. 76-330; P.A. 77-599, S. 4, 7; P.A. 81-125, S. 1; P.A. 87-338, S. 9, 11; P.A. 95-151, S. 2; 95-218, S. 13, 24; P.A. 96-269, S. 2; P.A. 11-80, S. 1; P.A. 25-53, S. 4.)
History: P.A. 75-387 made previous provisions Subsec. (b) and inserted new Subsec. (a) re orders issued upon discovery of violation of Secs. 22a-36 to 22a-45 or regulations of inland wetlands agency; P.A. 76-330 allowed assessment of attorneys fees against violator and required that all costs, etc. be awarded to the initiator of the action; P.A. 77-599 amended Subsec. (a) to allow issuance of orders to cease an activity as well as orders to correct facilities or conditions; P.A. 81-125 amended Subsec. (a) to authorize agents of inland wetlands agencies to issue orders and amended Subsec. (b) to clarify the superior court's jurisdiction to impose fines; P.A. 87-338 amended Subsec. (a) to authorize the commissioner to issue orders concerning violations if the municipality in which the violation occurred has failed to enforce its regulations and added Subsec. (c) re wilful or knowing violations; P.A. 95-151 amended Subsec. (a) to provide for recording of certificate of order by inland wetlands agency on land records; P.A. 95-218 amended Subsec. (b) to allow use of penalties collected under this section for restoring other degraded wetlands, an inventory of wetlands in the state and training for wetlands officials (Revisor's note: The word “to” was inserted editorially by the Revisors following Subdiv. indicators (2), (3) and (4) for grammatical accuracy); P.A. 96-269 added Subsec. (a)(2) re enforcement by the commissioner concerning unauthorized activities; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b), effective July 1, 2011; P.A. 25-53 added Subsec. (d) to allow for enforcement actions against business that fails to adequately or timely complete improvements required by an inland wetlands approval and made technical changes in Subsecs. (a) and (c).
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