A.
B.
The Commission may also consider comments on any application
from the Middlesex County Soil and Water Conservation District, the
Connecticut River Estuary Regional Planning Agency or other regional
organizations (i.e., Council of Elected Officials), water companies
having watershed land, reservoirs, wells or other public water facilities
in the Town of Killingworth or in abutting towns, agencies in adjacent
municipalities which may be affected by the proposed activity, or
other technical agencies or organizations which may undertake additional
studies or investigations.
In carrying out the purposes and policies of
§§ 22a-36 to 22a-45, inclusive, of the Connecticut
General Statutes, including matters relating to regulating, licensing
and enforcing the provisions thereof, the Commission shall take into
consideration all relevant facts and circumstances, including but
not limited to:
A.
The environmental impact of the proposed regulated
activity on wetlands and watercourses;
B.
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 and watercourses;
C.
The relationship between the short-term and long-term
impacts of the proposed regulated activity on wetlands and watercourses
and the maintenance and enhancement of the long-term productivity
of such wetlands and watercourses;
D.
Irreversible and irretrievable loss of wetland and
watercourse resources which would be caused by the proposed 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 measures to prevent
or minimize pollution or other environmental damage, maintain or enhance
existing environmental quality or, in the following order of priority,
restore, enhance and create productive wetland or watercourse resources;
E.
The character and degree of injury to, or interference
with, safety, health, or the reasonable use of property which is caused
or threatened by the proposed regulated activity; and
F.
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 and which may have an impact on wetlands
or watercourses.
In the case of an application which received a public hearing pursuant to a finding by the Commission that the proposed activity may have a significant impact on wetlands or watercourses, a permit shall not be issued unless the Commission finds on the basis of the record that a feasible and prudent alternative does not exist. In making this finding, the Commission shall consider the facts and circumstances set forth in § 470-43 of these regulations. This finding and the reasons therefor shall be stated in the record of the decision by the Commission.
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 watercourse, the Commission shall propose on the record
in writing the types of alternatives which the applicant may investigate,
provided that this subsection shall not be construed to shift the
burden from the applicant to prove that he/she is entitled to the
permit or to present alternatives to the proposed regulated activity.
For the purposes of this article, the following
terms shall have the meaning indicated:
Areas or environments in which an organism or biological
population normally lives or occurs.
Includes aquatic, plant or animal life and habitats in wetlands
or watercourses.
The Commission shall not deny or condition an
application for a regulated activity in an area outside wetlands or
watercourses on the basis of an impact or effect on aquatic, plant
or animal life unless such activity will likely impact or affect the
physical characteristics of such wetlands or watercourses.
In reaching its decision on any application
after a public hearing, the Commission shall base its decision on
the record of that hearing. Documentary evidence or other material
not in the hearing record shall not be considered by the Commission
in its decision. A conclusion that a feasible and prudent alternative
does not exist does not create a presumption that a permit should
be issued. The applicant has the burden of demonstrating that his
application is consistent with the purposes and policies of these
regulations and of §§ 22a-36 to 22a-45, inclusive,
of the Connecticut General Statutes.
[Added 3-13-2012]
In the case of an application where the applicant has provided written notice pursuant to § 470-30.1C of these regulations, the holder of the restriction may provide proof to the inland wetlands agency that granting of the permit application will violate the terms of the restriction. Upon a finding that the requested land use violates the terms of such restriction, the inland wetlands agency shall not grant the permit approval.
[Added 3-13-2012]
In the case of an application where the applicant fails to comply with the provisions of § 470-30.1C of these regulations, 1) the party holding the conservation or preservation restriction, other than a state agency that holds such restriction, may, not later than 15 days after receipt of actual notice of permit approval, file an appeal with the inland wetlands agency, subject to the rules and regulations of such agency relating to appeals. The inland wetlands agency shall reverse the permit approval upon a finding that the requested land use violates the terms of such restriction; or 2) the state agency that holds such restriction may, not later than 30 days after receipt of actual notice of permit approval, file an appeal with the inland wetlands agency, subject to the rules and regulations of such agency relating to appeals. The inland wetlands agency shall immediately reverse such permit approval if the Commissioner of the state agency that holds such restriction certifies that the land use authorized in such permit violates the terms of such conservation or preservation restriction.
[Added 3-13-2012]
Nothing in § 470-301.C or D of these regulations shall
be construed to prohibit the filing of a permit application or to
require such written notice when the activity that is the subject
of such permit application will occur on a portion of property that
is not restricted under the terms of such conservation or preservation
restriction.
