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Summary of proposed regulation amendments
The Town of Greenwich Inland Wetlands and Watercourses Agency is in the process of a comprehensive review and revision of its regulations, a task not undertaken since 1993. The primary impetus for making the revisions at this time is to bring the Greenwich regulations into conformance with current wetland statutes enacted by the Connecticut Legislature. Also, noteworthy judicial rulings have provided clarification and interpretation of Connecticut's wetland law that, if not integrated by the Agency into local regulations, may expose the Town to legal liability.
The Agency has completed its final draft of the proposed regulations, and has scheduled a public hearing on June 21, 2004 to be held at Town Hall in the Cone Room, located on the second floor, at 7:00 p.m.
Some of the more important revisions to the regulations are:
Refinement of the definition of regulated activity to include an upland review area
An upland review area is defined as an area in which any regulated activity is likely to have an impact on wetlands and watercourses, and is thus subject to review by the Agency. This change strengthens the authority of the Agency to exert its jurisdiction over protected areas adjacent to wetlands, particularly if challenged in court. The Connecticut DEP and Attorney Generals Office, in its latest guidance document to wetland commissioners, recommend adoption of this regulatory approach. The application and enforcement of "automatic setbacks" has been determined to be inconsistent with the regulatory approach authorized by CT Inland Wetland statutes and is thus inappropriate.
Importantly, the Agency maintains its authority to regulate any activity taking place in more distant upland areas if the activity is likely to impact or affect a wetland or watercourse.
Another important purpose of this provision is to better inform citizens of what to expect when proposing an activity on affected properties. It serves as notice that these defined areas are important wetland protection zones, within which the Agency and staff will carefully review applications for potential impacts. It serves to broaden the protection zones from those contained in the current regulations, yet allow for administrative review of minor activities with little or no impact.
The creation of upland review area boundaries does not mean that a property owner may conduct activities on properties that contain wetlands without review or approval from Agency or staff.
Reduction of the time frame under which the Agency reviews and processes applications
A reduction in the length of time that the Agency may review applications and conduct public hearings was imposed by the CT Legislature in 2003. The new regulations establish a set number of days (usually 65) for Agency review of applications and the conducting of public hearings.
Inclusion of the authority for a designated agent (staff) to administratively process applications that pose little or no impact to wetlands and watercourses
If Agency staff determines that an activity presents little or no impact, then staff may issue an administrative permit. The Agency has utilized this process in a limited manner for several years. The issuance of any administratively issued permit must be published in the local newspaper and all such permits are subject to the review of the Agency at each monthly meeting. A person who disputes any approval issued in this process may appeal the decision to the Agency within a proscribed time frame. The implementation of this process will enable the Agency to sharpen its focus on significant activities affecting wetlands, rather than dilute its limited resources and energy on the review of insignificant matters.
Clarification of the criteria for holding a public hearing, and update of the considerations for decision making that are used to review all applications
The new regulations enable the Agency to hold a public hearing whenever it determines that a proposed activity will have a significant and adverse impact upon a wetland or watercourse; or when the Agency receives a petition signed by twenty-five persons who are eighteen years or older and who reside in the municipality; or if the Agency determines the public hearing to be in the best interests of the municipality. The regulations also bring the criteria for decisions into conformance with recent judicial rulings and requirements.
For additional information, please contact Mark Massoud, Agency Director at (203) 622-7736.
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