Inland Wetlands and Watercourses Regulations- Section 8
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SECTION 8- RENDERING DECISION
- 8.1- The Agency shall consider the following in making its decision on the
application pursuant to Section 1.3 of these regulations.
Written or oral testimony offered prior to and at the public hearing.
Any reports from other agencies and commissions.
The Agency shall submit all applications involving significant activities to
the Middlesex County Soil and Water Conservation District.
The Agency may request comments on all applications from the following:
City of Middletown Conservation Commission;
City of Middletown Planning and Zoning Department;
City of Middletown Public Works, including the Building Division;
City of Middletown Water and Sewer Department;
City of Middletown and/or State Department of Health;
Middlesex County Soil and Water Conservation District;
Midstate Regional Planning Agency or other regional organization;
Appropriate agencies in adjacent municipalities which may be affected by
the proposed activity;
Other technical agencies or organizations which may undertake additional
studies or investigation such as but not limited to, the following:
Department of Environmental Protection; US Army Corps of Engineers;
Environmental Protection Agency, Department of Interior; Department of
Agriculture; Agricultural Extension Service.
A certified soil scientist designated by the Agency.
Information submitted with the application.
All relevant facts and circumstances as they affect inland wetlands and
watercourses and their functional services including but not limited to:
The environmental impact of the regulated activity on wetlands or
watercourses including the effects on the inland wetlands' and watercourses'
capacity to support fish and wildlife, to prevent flooding, to supply and
protect surface and ground waters, to control sediment, to facilitate
drainage, to control pollution, to support recreational activities, and to
promote public health and safety.
The applicant's purpose for, and any feasible and prudent alternatives to
the proposed regulated activity which alternatives would cause less or no
environmental impact to wetlands or watercourses.
The relationship between the short-term and long-term impacts of the
proposed regulated activity on wetlands or watercourses and the maintenance
and enhancement of long-term productivity of such wetlands or watercourses.
Irreversible and irretrievable loss of wetland or watercourse resources
which would be caused by the proposed regulated activity, including the
extent to which such activity would foreclose a future ability to protect,
enhance or restore such resources, and any mitigation measures which may be
considered as a condition of issuing a permit for such activity including,
but not limited to, measure to (A) prevent or minimize pollution or other
environmental damage, (B) maintaining or enhance existing environmental
quality, or (C) in the following order of priority: restore, enhance, and
create productive wetland or watercourse resources.
The character and degree of injury to, interference with, safety, health or
the reasonable use of property which is caused or threatened by the proposed
regulated activity, or the creation of conditions which may do so. This
includes recognition of potential damage from erosion, turbidity, or
siltation, loss of fish and wildlife and their habitat, loss of unique
habitat having demonstrable natural, scientific or educational value, loss
or diminution of beneficial aquatic organisms and wetland plants, the
dangers of flooding and pollution and the destruction of the economic,
aesthetic, recreational and other public and private uses and values of
wetlands and watercourses to the community.
Impacts of the proposed regulated activity on wetlands or watercourses
outside the area for which the activity is proposed and future activities
associated with, or reasonably related to, the proposed regulated activity
which are made inevitable by the proposed regulated activity and which may
have an impact on wetlands or watercourses.
Measures which would mitigate the impact of any aspect of the proposed
regulated activity(s). Such measures include, but are not limited to,
actions which avoid adverse impacts or lessen impacts to wetlands and
watercourses and which could be feasibly carried out by the applicant and
would protect or enhance the wetlands' or watercourses' natural capacity to
support fish and wildlife, preventing flooding, supply water, control
sedimentation, prevent erosion, assimilate wastes, facilitate drainage and
to provide recreation and open space.
- 8.2- In case of any application which received a public hearing pursuant to
a finding by the Inland Wetlands Agency that the proposed activity may have a
significant impact on wetlands or watercourses, a permit shall not be issued
unless the Agency finds on the basis of the record that a feasible and prudent
alternative to alter or destroy Wetlands and/or Watercourses does not exist.
In making this decision, the Agency shall consider the facts and circumstances
set forth in Section 8.1 of these regulations. This finding and the reasons therefore
shall be stated on the record in writing in the decision of the Agency.
- 8.3- In the case of an application which is denied on the basis of a
finding that there may be feasible and prudent alternatives to the proposed
regulated activity which have less adverse impact on wetlands or watercourses,
the agency shall identify on the record in writing the types of alternatives
which the applicant may investigate provided this subsection shall not be
construed to shift the burden from the applicant to prove that he is entitled
to the permit or to present alternatives to the proposed regulated activity.
- 8.4- All action on the application shall be in conformance with Section 9
of these regulations and shall be in writing.
Action shall be taken on the application within thirty-five(35) days after
the completion of a public hearing or, in the absence of a public hearing, within
sixty-five(65) days from the date of the receipt of the application unless extensions are
granted as specified in Section 4.2 of these regulations.
- 8.5- The Agency shall notify the applicant of its decision by certified
mail within fifteen (15) days of the date of the decision and the Agency shall
cause notice of its order in issuance, denial, revocation or suspension of a
permit to be published in a daily newspaper having general circulation within
the City. In any case in which such notice is not published within such
fifteen (15) day period, the applicant may provide for the publication of such
notice within ten (10) days thereafter.
- 8.6- The Agency shall file its decision with the City and Town Clerk within
fifteen (15) days and shall also cause the Agency's designated agent to
maintain a record of all applications.
- 8.7- If an activity authorized by the Inland Wetlands permit also involves
an activity or project which requires zoning or subdivision approval, a
special zoning permit, variance or special exception, a copy of the decision
and report on the application shall be filed with the City of Middletown
Planning & Zoning Commission within fifteen (15) days of the date of the
- 8.8- Monthly reports to the Commissioner of Environmental Protection shall
be mailed no later than the 15th of each month on the forms provided by the
Department of Environmental Protection, including all information required
under Section 22a-39(m)-1.