[1]
Editor's Note: The provisions of this article shall become
effective January 13, 1990.
[Ord. of 1-9-90, § 1]
The inland wetlands and watercourses are an indispensable and
irreplaceable but fragile natural resource with which the citizens
of the Town have been endowed. The wetlands and watercourses are an
interrelated web of nature essential to an adequate supply of surface
and underground water; to hydrological stability and control of flooding
and erosion; to the recharging and purification of groundwater; and
to the existence of many forms of animal, aquatic and plant life.
Many inland wetlands and watercourses have been destroyed or are in
danger of destruction because of unregulated use by reason of deposition,
filling or removal of material, the diversion or obstruction of water
flow, the erection of structures and other uses, all of which have
despoiled, polluted and eliminated wetlands and watercourses. Such
unregulated activity has had, and will continue to have, a significant,
adverse impact on the environment and ecology of the Town of Durham
and has and will continue to imperil the quality of the environment,
thus adversely affecting the ecological, scenic, historic and recreational
values and benefits of the Town for its citizens now and forevermore.
The preservation and protection of the wetlands and watercourses from
random, unnecessary, undesirable and unregulated uses, disturbance
or destruction is in the public interest and is essential to the health,
welfare and safety of the citizens of the Town. It is, therefore,
the purpose of this act to protect the citizens of the Town by making
provisions for the protection, preservation, maintenance and use of
the inland wetlands and watercourses by minimizing their disturbance
and pollution; maintaining and improving water quality in accordance
with the highest standards set by federal, state or local authority;
preventing damage from erosion, turbidity or siltation; preventing
loss of fish and other beneficial aquatic organisms, wildlife and
vegetation and the destruction of the natural habitats thereof; deterring
and inhibiting the danger of flood and pollution; protecting the quality
of wetlands and watercourses for their conservation, economic, esthetics,
recreation and other public and private uses and values; and protecting
the Town's potable fresh water supplies from the dangers of drought,
overdraft, pollution, misuse and mismanagement by providing an orderly
process to balance the need for the economic growth of the Town and
the use of its land with the need to protect its environment and ecology
in order to forever guarantee to the people of the Town the safety
of such natural resources for their benefit and enjoyment and for
the benefit and enjoyment of generations yet unborn.
[Ord. of 1-9-90, § 2]
The Durham Inland Wetlands and Watercourse Agency (the agency)
is hereby established. The agency shall have all the powers and responsibilities
authorized under §§ 22a-36 to 22a-45, inclusive, of
the General Statutes of Connecticut, as amended.
[Ord. No. 1-9-90, § 3; amended 12-13-2021]
The agency shall be composed of seven members and three alternates,
appointed by the Board of Selectmen. The terms of office shall be
for three years, except that an appointment to fill an unexpired term
shall be for the duration of such unexpired term only.
[Ord. of 1-9-90, § 4; amended 12-13-2021]
Any vacancy in the membership of the agency which may occur
through death, resignation, or otherwise may be filled for the unexpired
term of such member by the Board of Selectmen.
The Board of Selectmen may by majority vote remove for cause
any member of the agency. In removing an agency member, the Board
of Selectmen shall follow the procedure for removal of officials set
forth in the Town Charter.
Cause for removal shall include, without being limited to, an
agency member's unexcused absence from four consecutive agency meetings.
