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General Assembly Committee Bill No. 5616
January Session, 2023
LCO No. 3962
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT IMPROVING STANDARDS FOR INLAND WETLAND
COMMISSION AUTHORITY MEMBERSHIP AND ENFORCEMENT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (l) and (m) of section 22a-39 of the general 1
statutes are repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2023): 3
(l) Develop a comprehensive training program for inland wetlands 4
agency members. Not later than June 1, 2024, the commissioner shall 5
update such comprehensive training program to include all statutory 6
changes applicable to such inland wetland agencies and any common 7
law developments applicable to the considerations and authority of 8
such agencies. The commissioner shall concomitantly submit a copy of 9
such updated comprehensive training program to the joint standing 10
committee of the General Assembly having cognizance of matters 11
relating to the environment; 12
(m) Adopt regulations in accordance with the provisions of chapter 13
54 establishing reporting requirements for inland wetlands agencies, 14
which shall include provisions for reports to the commissioner on 15
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permits, orders and other actions of such agencies and development of 16
a form for such reports. Such reports shall include, but not be limited to, 17
a statement from each inland wetlands agency that confirms that each 18
member of such agency completed the training required pursuant to 19
section 22a-42, as amended by this act; and 20
(n) The commissioner shall issue a certificate to any member of a 21
municipal inland wetlands agency or its staff who completes the 22
training program offered annually by the commissioner for such 23
officials. 24
Sec. 2. Section 22a-41 of the general statutes is repealed and the 25
following is substituted in lieu thereof (Effective October 1, 2023: 26
(a) In carrying out the purposes and policies of sections 22a-36 to 22a-27
45a, inclusive, including matters relating to regulating, licensing and 28
enforcing of the provisions thereof, the commissioner shall take into 29
consideration all relevant facts and circumstances, including but not 30
limited to: 31
(1) The environmental impact of the proposed regulated activity on 32
wetlands or watercourses; 33
(2) The applicant's purpose for, and any feasible and prudent 34
alternatives to, the proposed regulated activity which alternatives 35
would cause less or no environmental impact to wetlands or 36
watercourses; 37
(3) The relationship between the short-term and long-term impacts of 38
the proposed regulated activity on wetlands or watercourses and the 39
maintenance and enhancement of long-term productivity of such 40
wetlands or watercourses; 41
(4) Irreversible and irretrievable loss of wetland or watercourse 42
resources which would be caused by the proposed regulated activity, 43
including the extent to which such activity would foreclose a future 44
ability to protect, enhance or restore such resources, and any mitigation 45
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measures which may be considered as a condition of issuing a permit 46
for such activity including, but not limited to, measures to (A) prevent 47
or minimize pollution or other environmental damage, (B) maintain or 48
enhance existing environmental quality, or (C) in the following order of 49
priority: Restore, enhance and create productive wetland or 50
watercourse resources; 51
(5) The character and degree of injury to, or interference with, safety, 52
health or the reasonable use of property which is caused or threatened 53
by the proposed regulated activity; and 54
(6) Impacts of the proposed regulated activity on wetlands or 55
watercourses outside the area for which the activity is proposed and 56
future activities associated with, or reasonably related to, the proposed 57
regulated activity which are made inevitable by the proposed regulated 58
activity and which may have an impact on wetlands or watercourses. 59
(b) (1) In the case of an application [which] that received a public 60
hearing pursuant to (A) subsection (k) of section 22a-39, or (B) a finding 61
by the inland wetlands agency that the proposed activity may have a 62
[significant] measurable impact on wetlands or watercourses, a permit 63
shall not be issued unless the commissioner finds on the basis of the 64
record that a [feasible and prudent] reasonable alternative does not 65
exist. In making [his] such finding, the commissioner shall consider the 66
facts and circumstances set forth in subsection (a) of this section. The 67
finding and the reasons therefor shall be stated on the record in writing. 68
(2) In the case of an application [which] that is denied on the basis of 69
a finding that there may be [feasible and prudent] reasonable 70
alternatives to the proposed regulated activity [which] that have less 71
adverse impact on wetlands or watercourses, the commissioner or the 72
inland wetlands agency, as the case may be, shall propose on the record 73
in writing the types of alternatives [which] that the applicant may 74
investigate provided this subdivision shall not be construed to shift the 75
burden from the applicant to prove that [he is entitled] entitlement to 76
the permit or to present alternatives to the proposed regulated activity. 77
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(c) For purposes of this section, (1) "wetlands or watercourses" 78
includes aquatic, plant or animal life and habitats in wetlands or 79
watercourses, and (2) "habitats" means areas or environments in which 80
an organism or biological population normally lives or occurs. 81
(d) A municipal inland wetlands agency [shall not] may deny or 82
condition an application for a regulated activity in an area outside 83
wetlands or watercourses on the basis of an impact or effect on aquatic, 84
plant, or animal life or habitat. [unless such activity will likely impact or 85
affect the physical characteristics of such wetlands or watercourses. 86
Sec. 3. Subsection (d) of section 22a-42 of the general statutes is 87
repealed and the following is substituted in lieu thereof (Effective October 88
1, 2023): 89
(d) [At least one] Each member of the inland wetlands agency [or] 90
and staff of the agency shall be a person who has completed the 91
comprehensive training program developed by the commissioner 92
pursuant to section 22a-39 not less than every other year. [Failure to 93
have a member of the agency or staff with training shall not affect the 94
validity of any action of the agency.] The commissioner shall annually 95
make such program available to one person from each town without 96
cost to that person or the town. Each inland wetlands agency shall hold 97
a meeting [at least] not less than once annually at which information [is] 98
shall be presented to the members of the agency [which] that 99
summarizes the provisions of the training program. The commissioner 100
shall develop such information in consultation with interested persons 101
affected by the regulation of inland wetlands and shall provide for 102
distribution of on-line video presentations and related written materials 103
[which] that convey such information to inland wetlands agencies. In 104
addition to such materials, the commissioner, in consultation with such 105
persons, shall prepare materials [which] that provide guidance to 106
municipalities in carrying out the provisions of subsection (f) of section 107
22a-42a. 108
Sec. 4. Section 22a-44 of the general statutes is repealed and the 109
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following is substituted in lieu thereof (Effective October 1, 2023): 110
(a) If the inland wetlands agency or its duly authorized agent finds 111
that any person is conducting or maintaining any activity, facility or 112
condition which is in violation of sections 22a-36 to 22a-45, inclusive, or 113
of the regulations of the inland wetlands agency, the agency or its duly 114
authorized agent [may] shall issue a written order, by certified mail, to 115
such person conducting such activity or maintaining such facility or 116
condition to cease immediately such activity or to correct such facility 117
or condition. [Within] Not later than ten days [of] after the issuance of 118
such order the agency shall hold a hearing to provide the person an 119
opportunity to be heard and show cause why the order should not 120
remain in effect. The agency shall consider the facts presented at the 121
hearing and [within] not later than ten days [of] after the completion of 122
the hearing notify the person by certified mail that the original order 123
remains in effect, that a revised order is in effect, or that the order has 124
been withdrawn. The original order shall be effective upon issuance and 125
shall remain in effect until the agency affirms, revises or withdraws the 126
order. The issuance of an order pursuant to this section shall not delay 127
or bar an action pursuant to subsection (b) of this section. The agency 128
may file a certificate of such order in the office of the town clerk of the 129
town in which the land is located and the town clerk shall record such 130
certificate on the land records of such town. Such certificate shall be 131
released upon compliance with such order. The commissioner may 132
issue orders pursuant to sections 22a-6 to 22a-7, inclusive, concerning 133
an activity, facility or condition (1) which is in violation of said sections 134
22a-36 to 22a-45, inclusive, if the municipality in which such activity, 135
facility or condition is located has failed to enforce its inland wetlands 136
regulations, or (2) for which an approval is required under sections 22a-137
36 to 22a-45, inclusive, and for which such approval has not been 138
obtained. 139
(b) Any person who commits, takes part in, or assists in any violation 140
of any provision of sections 22a-36 to 22a-45, inclusive, including 141
regulations adopted by the commissioner and ordinances and 142
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regulations promulgated by municipalities or districts pursuant to the 143
grant of authority herein contained, shall be assessed a civil penalty of 144
not more than [one] five thousand dollars for each offense. Each 145
violation of said sections shall be a separate and distinct offense, and, in 146
the case of a continuing violation, each day's continuance thereof shall 147
be deemed to be a separate and distinct offense. The Superior Court, in 148
an action brought by the commissioner, municipality, district or any 149
person, shall have jurisdiction to restrain a continuing violation of said 150
sections, to issue orders directing that the violation be corrected or 151
removed and to assess civil penalties pursuant to this section. All costs, 152
fees and expenses in connection with such action shall be assessed as 153
damages against the violator together with reasonable attorney's fees 154
which may be allowed, all of which shall be awarded to the 155
commissioner, municipality, district or person [which] that brought 156
such action. All penalties collected pursuant to this section shall be used 157
solely by the Commissioner of Energy and Environmental Protection (1) 158
to restore the affected wetlands or watercourses to their condition prior 159
to the violation, wherever possible, (2) to restore other degraded 160
wetlands or watercourses, (3) to inventory or index wetlands and 161
watercourses of the state, including, but not limited to, updates to the 162
natural diversity database of the Department of Energy and 163
Environmental Protection, (4) to implement and update a 164
comprehensive training program for inland wetlands agency members 165
and staff. 166
(c) Any person who wilfully or knowingly violates any provision of 167
sections 22a-36 to 22a-45, inclusive, shall be fined not more than [one] 168
ten thousand dollars for each day during which such violation continues 169
or be imprisoned not more than [six months] one year or both. For a 170
subsequent violation, such person shall be fined not more than [two] 171
fifteen thousand dollars for each day during which such violation 172
continues or be imprisoned not more than [one year] two years or both. 173
For the purposes of this subsection, "person" shall be construed to 174
include any responsible corporate officer. 175
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 22a-39(l) and (m)
Sec. 2 October 1, 2023 22a-41
Sec. 3 October 1, 2023 22a-42(d)
Sec. 4 October 1, 2023 22a-44
Statement of Purpose:
To strengthen inland wetland and watercourse protections to better
protect communities and Long Island Sound from the impacts of climate
change.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: REP. SMITH F., 118th Dist.
H.B. 5616