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 Southbury
 Code of Ordinances
 Part III. INLAND WETLANDS AND WATERCOURSES REGULATIONS

  § 9. Administration and enforcement.  

Latest version.

  • 9.1  Enforcement officer: The wetlands agency enforcement officer of the Town of Southbury shall have responsibility for inspection of regulated areas and activities therein, for making periodic reports to the Agency as to the status of authorized activities in regulated areas and for other enforcement activities as directed by the Agency.

    9.1.1 The enforcement officer has the authority to approve or extend an activity that is not located in a wetland or watercourse when such agent finds that the conduct of such activity would result in no greater than a minimal impact on any wetland or watercourse. Any person receiving such approval from the enforcement officer shall, within ten (10) days of the date of such approval, publish, at the applicants expense, notice of the approval in a newspaper having a general circulation in the Town of Southbury. Any person may appeal such decision of such agent to the Inland Wetlands Commission within fifteen (15) days after the publication date of the notice and the Inland Wetlands Commission shall consider such appeal at its next regularly scheduled meeting provided such meeting is no earlier than three (3) business days after receipt by such commission, or the enforcement officer of such appeal. The Inland Wetlands Commission shall, at its discretion, sustain, alter or reject the decision of the enforcement officer or require an application for a permit in accordance with these regulations.

    9.2  Inspections: Application for a permit shall constitute permission for, and consent to, inspections of the site of proposed activity by the Agency or its agents at all reasonable times before or after the granting of permit. The owner or applicant, or their agent shall have the wetlands permit readily available and shall produce it for inspection by the Agency's representative upon request. The Agency shall be authorized to seek such court orders as shall permit it to inspect land whereon the Agency has probable cause to believe that a regulated activity is in progress, and for which no application has been filed.

    9.3  Content of application: All information in applications for conduct of activities in regulated areas shall be considered factual and to constitute stipulations, made by the applicant, as to the nature, scope and effect of the activity. A knowing failure of the applicant or the applicant's agent to provide correct information, or a finding by the Agency that the activity for which a wetlands permit has been granted has a more severe impact or effect on a regulated area than was projected by the applicant, shall be grounds for action by the Agency under section 9.4.

    9.4  Suspension and revocation: The Agency may suspend or revoke a wetlands permit if it finds after giving notice to the permittee of the facts or conduct which warrant the intended action, and after a hearing at which the permittee is given an opportunity to show compliance with requirements for retention of the permit, that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work as set forth in the application. The applicant shall be notified of the Agency's decision by certified mail within fifteen (15) days of the date of the decision, and the Agency shall cause notice of their order in issuance, denial, revocation or suspension of a permit to be published in a newspaper having a general circulation in the Town of Southbury.

    9.5  Reporting to DEP: A reporting form shall be completed during the application process which provides the commissioner of the DEP with information necessary to properly monitor the inventory of the states wetlands. The Agency shall be responsible for filling out and submitting all information on forms provided by DEP. All forms should be filed by the fifteenth day of the month following the regular meeting of the Inland Wetlands Agency.

    9.6  Orders: If the Agency finds that any person is conducting or maintaining any activity, facility or condition which is in violation of sections 22a-36 to 22a-45, inclusive, of the Connecticut General Statutes, as amended, or of these regulations, the Agency, or the wetlands enforcement officer acting on behalf of the Agency, 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. Within ten (10) days of 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 (10) 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 at least 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 section 9.7 of these regulations.

    9.7  Penalties and remedies: Any person who commits, takes part in or assists in any violation of any of these regulations is subject to penalties and remedies as specified in the Connecticut General Statutes or by ordinances adopted by the board of selectmen.

    9.8  Administrative provisions: The Agency may, from time to time by resolution, adopt forms, specifications for applications and petitions, procedures and interpretations for the administration of these regulations.
    [See Appendix C]